Application refused, seems HO did not check my records

[Waw100]

I am EEA national. The Home Office sent me a letter saying my naturalisation application has been refused as 'I have not had permanent residence for 12 months prior to the date the application was received in the Home Office’. I have a document from the Home Office certifying that I have a right of permanent residence in the UK and this document was issued in April 2016. Home Office also received along with my application for permanent residence card lots of evidence that I have been continuously working and living in the UK since May 2010 so I assumed I have had permanent resident since May 2015 and at least 12 months before my application for naturalisation. Also HO helpline worker suggested to me in July 2016 I can put this date into AN form as EEA nationals acquire permanent residence following 5 years’ residence in the UK, not on the date they obtain a residence card.
I have applied for naturalisation in August 2016 via National Checking Service.
Anyone had similar experience or can advise please how to ask HO to re-consider the application, but without making NR Form and paying £272 for mistakes HO caseworker might have made. Thanks a lot for your replies!

[LilyLalilu]

Did you check via SAR or NCS which PR date the Home Office has recorded for you in the Caseworker Information Database? The date will depend on the evidence you submitted with your EEA PR application.
If you didn't it could be that the date is wrong and that's why you have been rejected - never apply without having checked which date they have recored first...
If you checked the date and it was at least 1 year before the date of application then the caseworker has made a mistake and you should apply for reconsideration outlining the relevant paragraphs from guide AN and the FOI request that was posted in this forum a while back.

[mizer]

i think you still have time to prove to the home office are wrong
as far as my knowledge there is no limit date to naturalisation reconsideration so you have time to apply for

-SAR usually (take 40 days) with this one you will have even the progress of your recent AN application
or
-fast track SAR (usually take 20 days) with this one to depence what you are asking for

both you need to ask them to provide you with PR acquired date

then when you have the prove you can apply for reconsideration.

[MrsGreenside]

Are you married to a Brit? If so the 12 month period does not apply anyway.

[gtht]

Our solicitor recommended we immediately apply after receiving our PR cards. We even used the same photographs for references! This was based on us being in the country for 6.5 years by that point. I'm assuming they were right! (hopefully)

[Waw100]

No I am not married to a Brit, so the 12 months period applies to me. Thanks for the reply.

[Waw100]

No, unfortunately I did not check via SAR or NCS which PR date the Home Office has recorded. I was not aware of the SAR service - thanks for mentioning it. I will now check it via SAR assuming if I tick in the SAR form 'IT Records' they will advise back including my PR date..?
Re NCS they never mentioned when I phone them they could check my PR date...Will ask them too. Many thanks for your valuable reply.

[dapto10]

I will now check it via SAR assuming if I tick in the SAR form 'IT Records' they will advise back including my PR date..?

You should specifically ask for the date of your acquired PR status in the UK. This is Part B of the application form (Specific Data). They will send you a 3-4-page printout of your DCPR case.

I've used this service before, asked for my PR date and they sent back the printout which is basically everything related to your PR case and it does show the date.

https://www.gov.uk/government/publicati ... mmigration

I'm not sure what the information covered in Part A (Home Office files) includes. Perhaps other members could give more details.

[Angie77]

Is it possible to check the PR date via NCS? How Can I do it?

[CR001]

NCS have a direct phone line to HO, that is how they could check.

[Angie77]

The lady from my local NCS is not very helpful, so I doubt she would do it.
Is it possible to check it online? Via post may take up 40 days and I have an appointment end of the month at NCS.

[Indianlonly]

Hello all
I would like share my experience to everyone
I had PR after years from my first entered and I married in India with German wife
When I planed to apply my citezenship ship and everything was ready to send someone advices me to apply to SAR then I had chock because the ukvi reply me my SAR and found out my aquired PR in their record untrue and it's not according to my PR so I had to wait 3 more months from the date which I should apply
So advice to everyone apply for SAR before apply for citezenship Bcos I date of aquired in ukvi not the same as we think or not after axcatly 5 years I guess they calculate it according thier own system and qualify Nd other things
About Ncs call the ukvi not all the Ncs got direct phone to ukvi
Only big Ncs but if u live in small area or u deal with a un experience Ncs will able to know the exact time
Don't rush for naturalism then u say ho made mistake or stupid
The date in thier database for aquired not the same date of our qualify for PR

[Casa]

The lady from my local NCS is not very helpful, so I doubt she would do it.
Is it possible to check it online? Via post may take up 40 days and I have an appointment end of the month at NCS.

It's not possible to check it online.