EEA national, NCS processed, application refused - what next

[gig67]

[Note: this topic is also raised here but not addressed:
british-citizenship/british-naturalisat ... 41344.html ]

My wife is an EEA national, like me and our children. We all were granted Permanent Residence. We then applied through NCS for naturalisation. I and our children were granted citizenship. My wife was refused on the grounds that "we wrote to you on November 17 requesting the following documents: Alternative evidence of your residence in the UK for period xxx. We do not appear to have received a reply to our request, etc."

Obviously we never received that letter from HO. They also did not include the November 17 letter in their refusal letter, so we do not really know what information they were looking for and if it was already in their possession (one of the possible reasons for reconsideration). It beggars belief that in the 21st century HO would basically send £1100 (the cost to reapply) by post without proof of receipt and without sending an SMS or email to inform us of an incoming letter of such importance. They did send us email in the past informing that the application had been received and was being processed, and a later email with a link to a survey. I am already ashamed of the administration of my new country.

Anyway, what would you suggest are the best next steps?
- Use form NR to request a reconsideration, but on which grounds as they say that "We will not normally re-open your application if it was refused because you did not respond to enquiries". HO fails to explain what if we never received them in the first place - something which there is no way to disprove for their chosen way to communicate with us
- contact the local MP on the grounds that the process is a shambles and the outcome leaves a family without a legitimately naturalised mother, which of course could now become British a) through the normal EAA route and b) as wife of a now British citizen.
- sue on the grounds of negligence for mishandling documents of such value (£1100) and for inconsistent way of communicating by post and email
- any better approach than simply reapplying, with the high associated costs and the risk of a new refusal for another missed correspondence

Happy to take legal advice but I would like to have a feel for the route to go through

Thanks and congratulations for the excellent website.

[gaffarn]

Sorry. Home office administration is extremely problematic for foreigners in this country.
But NCS also is to blame for your problem, they should have flagged this up with you all when you took your application to them, with that warning you would have prepared more evidence for your wife, being as she is EEA no stamps in passport possibly that's the reason, if she was working perhaps you would have a record also from the employer to show the home office, am assuming she isn't because the home office would have found this out in their investigation checks that she is resident here through that way. But that all is the past.

What to do now, most of the options, sue the home office would cost money too, but many would benefit if they change the way they communicate to foreigners when they want more information, there is a huge reliance on the royal mail post as being trustworthy etc but the homeoffice can change similar to the passport office which communicates to us through SMS dates of when to expect something in the post the home office can also do the same.

I think you should ring up the home office or email them on the 3 emails we have NationalitySupportTeamFMT@homeoffice.gsi.gov.uk, citizenship.support@homeoffice.gsi.gov.uk and citizenship.support@homeoffice.gsi.gov.uk. Explaining what has happened and ask them to send a scanned letter of the communication they sent you in November to know exactly what they were asking for and if you sent them some evidence already that answers they inquiry.

[gaffarn]

Sorry. Home office administration is extremely problematic for foreigners in this country.
But NCS also is to blame for your problem, they should have flagged this up with you all when you took your application to them, with that warning you would have prepared more evidence for your wife, being as she is EEA no stamps in passport possibly that's the reason, if she was working perhaps you would have a record also from the employer to show the home office, am assuming she isn't because the home office would have found this out in their investigation checks that she is resident here through that way. But that all is the past.

What to do now, most of the options, sue the home office would cost money too, but many would benefit if they change the way they communicate to foreigners when they want more information, there is a huge reliance on the royal mail post as being trustworthy etc but the homeoffice can change similar to the passport office which communicates to us through SMS dates of when to expect something in the post the home office can also do the same.

I think you should ring up the home office or email them on the 3 emails we have NationalitySupportTeamFMT@homeoffice.gsi.gov.uk, citizenship.support@homeoffice.gsi.gov.uk and citizenship.support@homeoffice.gsi.gov.uk. Explaining what has happened and ask them to send a scanned letter of the communication they sent you in November to know exactly what they were asking for and if you sent them some evidence already that answers they inquiry.

sorry meant to copy this email address not the one twice. nationalityenquiries@homeoffice.gsi.gov.uk <nationalityenquiries@homeoffice.gsi.gov.uk>

[ariskar]

I feel sorry for the OP. This is a scary situation and in many cases could lead to additional new application or reconsideration fees for a naturalisation application.

HO is using Royal Mail 2nd class for time and impact critical communications on BC applications, like enquiring further information (OP case), biometric letters, ceremony and approval letters, etc.

If those letters are not delivered, the applicant has no idea of their application status and HO do not provide any feedback until the "6 month service standard" period. By that time, their application may be refused for no answer.

A GBP 1282 application deserves answers by first class or signed for letters. I guess anyone applying and paying such a fee wouldn't mind 5-10 GBP added cost for peace for such critical communications and if not generally practiced, at least applicants should be given the option. Simply bad practice.

Personal experience: My biometric enrollment letter never arrived and I had to take the situation in my hands to avoid missing the deadline, which may have delayed my application by 3-4 weeks...

Good luck with contacting HO. However, as the status is "refused", I think the most likely path is paying for reconsideration and claim a refund of those fees upon successful reconsideration...

[gig67]

Thanks for your helpful comments, I have written to the indicated email addresses as suggested and will see what happens. By the way, my wife was working before, during and after the period they were asking about, and she is employed by a local council...

[twgal]

I would definitely contact my MP if I were you.

Their process is deeply flawed. They need to ask for proof of delivery in such cases - or simply email you or call you and ask for confirmation. They cannot base their decision on a letter that may or may not have been delivered to you.

Best of luck!

PS. This is the email address that worked in my case i.e. they responded within 1-2 business days to my queries:

FurtherNationalityEnquiries at homeoffice.gsi.gov.uk

[ariskar]

I would definitely contact my MP if I were you.

Their process is deeply flawed. They need to ask for proof of delivery in such cases - or simply email you or call you and ask for confirmation. They cannot base their decision on a letter that may or may not have been delivered to you.

Best of luck!

PS. This is the email address that worked in my case i.e. they responded within 1-2 business days to my queries:

FurtherNationalityEnquiries at homeoffice.gsi.gov.uk

I totally agree. It is a rip-off and any one of us would be outraged.

I would advise all applicants waiting, sending an email each month to enquire if there was any communication. By doing so, you would confirm that you have not received anything from them. Maybe by annoying them collectively, they would take the time to improve their process...

Non-tracked 2nd class royal mail for a 1282 GBP application (+ passport + NCS fees) is a joke!

[gig67]

Thumbs up for Home Office!
They replied to my email in one day, and stated that "we can reconsider applications where the customer did not receive our request for information". They also sent a copy of the lost letter and now we will put together the requested documents.
Hopefully there is a light at the end of the tunnel, and thanks again to all for your sympathy and suggestions.