Re: UK Citizenship (Naturalisation) Refused 8th January 2016

[noajthan]

@ZaraK, kindly refrain from posting misleading and incorrect 'information'.

Suggest go and read rest of posts in forum on this vital matter.

OK sorry for that, now I know that I was wrong but the British Citizenship statement on gov.uk clearly say that. As you see even UKVI and NCS advised that. This is from ECS website:

...

This interpretation of the regulations seemed to be at odds with EU Free movement law and needed to be clarified.

Following a recent FOI request the nationality policy team have now confirmed that permanent residence is acquired following 5 years of residence in accordance with the EEA Regulations and not on the date the residence card is issued. The date an applicant is deemed to have acquired permanent residence is recorded on the UKVI’s database and will be noted by the caseworker processing the naturalisation application. It would appear that this information has yet to filter down to the army of staff dealing with ad-hoc enquiries.[/i]

Once again sorry for that.

Yes, this rule change was not one of UKVI/HO's finest hours. My understanding is it was representations from a very senior member of this board that helped them to finally straighten it out.

[monab]

I am also aware of a senior NCS officer from a London centre who raised the issue after being shown an official FOI request response stating status date has priority over card date.

Back to Gabi's problem:
1. Did you send for your PR application documents for the last 6 years? (not 5) - I mean 2/3 documents per year as requested.
2. Application fee of 272£ will be returned if your application is successful, it is written on the NR form.
3. NCS can enquire about your real PR settlement date, but please be very firm, make them check several times and ask for a senior officer to make the call as they have provided wrong information in 3 out of the 5 calls the NCS officer made, me being present.
4. If you have time and patience a SAR would give you written proof and not just verbal one (as the NCS would give).

I am in a similar boat after being refused naturalisation. I am also EEA, with a PR card held less than 12 months, but with NCS confirming I can apply following calls with Home office.
At this point my refusal seems to be related to other misunderstanding and not the PR card, but I will not be able to know for sure until my decision is back. I have been given no reason for refusal.

Good luck and brace yourself for a long wait as NR applications seem to take 10 months and beyond.
Once you find out your PR date and that is over 12 months ago you should definitely apply for NR.

[CR001]

Thank you so much noajthan for replay
The stamp of my first entrance in my old passport Nd istill got it
And I got all payslips for six years with 6 p60 and got PR issued 6 December 2015 but I aquired the status in May 2015 so shall I send my application in Monday nd ignoring the SAR wronge date ?
Thanx Alot

Please continue in your existing, lengthy topic rather than tagging onto another members thread and creating another lengthy and duplicate set of questions. You have been asked previously, more than once, to stick to your own thread to avoid confusion in topics.

http://www.immigrationboards.com/britis ... l#p1359438

[Ana1986]

Hello GabiB!
Have you applied for reconsideration of AN? Any feedback?

[Waw100]

Hi,
Have you found out if HO made an error when setting out date you aquired permanent residence?
Have you then applied using NR Form?

[RocklUK]

Look at these for the vague refusal of citizenship with paragraph 3(d) being cited. Case workers at the Home Office have recently said they have no idea what paragraph 3(d) is to my wife who passed all checks and has P60's for well over 5 years:

You have not been granted indefinite leave to remain on or permanent residence in the United Kingdom, you do not meet the requirement at paragraph 3(d) of the leaflet. The application is therefore refused.

http://webarchive.nationalarchives.gov. ... pageid=151

http://webarchive.nationalarchives.gov. ... ageid=3684

http://www.legislation.gov.uk/ukpga/1981/61

[RocklUK]

Look at these for the vague refusal of citizenship with paragraph 3(d) being cited. Case workers at the Home Office have recently said they have no idea what paragraph 3(d) is to my wife who passed all checks and has P60's for well over 5 years:

You have not been granted indefinite leave to remain on or permanent residence in the United Kingdom, you do not meet the requirement at paragraph 3(d) of the leaflet. The application is therefore refused.

http://webarchive.nationalarchives.gov. ... pageid=151

http://webarchive.nationalarchives.gov. ... ageid=3684

http://www.legislation.gov.uk/ukpga/1981/61