WRS as a reason to reject application?

[Waw100]

My BC application has just been refused on the grounds that 'I have not had permanent residence for 12 months prior to the date the application was received in the Home Office’. The only reason I can guess is that I was not registered in WRS from date of my arrival in 2010 until 30 April 2011 when the restriction period (WRS) ended, so this period of 1 year might not have been counted against the period of residence in the UK.

I believe I have read somewhere that UK courts found WRS scheme extension to 30 April 2011 unlawful and therefore it cannot be used as grounds for rejecting any application. Not sure about it.. Anyone can help please?

[Waw100]

Hello all members!
I was not registered in WRS therefore any period until 1st of May 2011 I have worked in the UK is deemed as unauthorised and so does not count towards the 5 year qualifying period of permanent residence. (Reason for my AN Application being rejected)

Is claiming in the AN application residence and exercising treaty rights as a worker automatically excluding me from ability to claim the same period as exercising treaty rights as a self-sufficient person?
Thanks for any help..

[ohara]

Is claiming in the AN application residence and exercising treaty rights as a worker automatically excluding me from ability to claim the same period as exercising treaty rights as a self-sufficient person?

No, but self sufficient people must be covered by CSI for the entire period.

Do you have a document certifying permanent residence?

[ohara]

Can you give us a timeline of your economic activity in the UK? When did you apply for your DCPR and for what period did you provide evidence?

[Waw100]

Thank you Ohara. My economic activity in the UK started in May 2010 as a worker and have continued until present. I applied for DCPR end of April 2016 and received it early July 2016. I provided evidence that I worked and lived here since May 2010.

[Waw100]

No I don't have any CSI doc to cover that period as self sufficient person.

[Waw100]

Ohara I am sorry of course I had Comprehensive Sickness Insurance to cover that period as I was employed that time with full state and private insurance in the UK . But I was not registered in WRS.

[ohara]

Well if you were not registered with WRS then your qualifying period as a worker would not have started until May 2011 - so you probably acquired PR in May 2016. It sounds like you have been issued a DCPR on this basis. This would make you eligible for British citizenship in May 2017.

[Waw100]

Correct. I was advised in the rejection letter that I can apply again but if earlier than in May 2017 my application is unlikely to be successful.
Do do you think I have a chance with Form NR claiming residence in 2010 as exercising treaty rights as a as a self-sufficient person?

[Waw100]

I am EU national and my BC application was refused on the grounds that PR date is not earlier than 12 months before the BC application.
Most likely my PR date was set 1 May 2011 as 30 April 2011 the Worker Registration Scheme was abolished and so my lawful residence in the UK started only on that date despite I had been working before but without registration in WRS.

I am wondering if it is possible to claim I was also exercising treaty rights at the same time i.e. before 30 April 2011 as a self-efficient person annd request to change my PR start date. I had comprehensive insurance in that period and I have not claimed any social benefits at the time.

Anyone has tried to change his/her PR date or can advise whether its possible to claim exercising treaty rights of two types at the same time?

[CR001]

Topics merged!!

Stop starting new topics with each question. Stick to one (this) thread.

See also Multiple Posts (click)

[ohara]

You don't have to keep spamming new threads all over the forum with each question. You are getting answers in this one, so just keep it here

It's up to you what happens. It costs £272 for reconsideration and if it is refused you lose that fee too. I guess it's worth a try, but make sure you include a detailed covering letter explaining the situation and provide rock solid evidence of your self sufficient period. If the worst happens, you can always reapply for citizenship in May 2017 once you are eligible.

Just out of interest, did you use NCS? As they would have checked the date that you acquired PR, and they should have advised you if it was less than 12 months ago. That way you'd just lose the small (~£70) NCS fee rather than the whole £1236 AN fee.

[noajthan]

Correct. I was advised in the rejection letter that I can apply again but if earlier than in May 2017 my application is unlikely to be successful.
Do do you think I have a chance with Form NR claiming residence in 2010 as exercising treaty rights as a as a self-sufficient person?

I suspect there is little or no chance of a favourable reconsideration.

Your confirmation of PR was issued on basis of information and evidence you submitted.
You don't appear to have submitted evidence as a selfsufficient qualified person.

Your naturalisation application was based on evidence you submitted. You failed to meet requirements as per Regulations and were refused.
No obvious procedural or admin errors there.
A SAR and/or NCS advisor could have put you on right track - that was the way to go.

You cannot expect another department of HO (naturalisation) to perform another PR application or a PR review and adjustment and then, somehow, issue a corrected DCPR.
As far as anyone here knows, that role has recently been taken away from the naturalisation unit.

There is no timeline for reconsiderations, it could take a year or more.
And with Brexit looming you can't mess about you need to get your position sorted and citizenship in the bag.

Don't be too hard on yourself I suspect there will be a lot of similar cases as flawed WRS applicants work through the system.

[Waw100]

Thank you noajthan I think you are right.
In answer to ohara's question yes I used NCS but they did not check my PR date neither suggested it. My apologies for adding new topic, I am new to internet forums, happy the topics are merged now.