Thanks to everyone for help. We have now applied for "reconsideration" and as pointed out, since it was directly a naturalisation application, the appeal right is not available.
In our reconsideration letter we have pointed to them that their consideration of the applicant was incorrect as student and instead should use "worker".
For two main reasons, the studies were part-time and secondly there is overwhelming evidence of job applications throughout the whole period (in email responses, rejections, etc) which means she was a job seeker and does not become a student automatically.
I still feel it is very stupid. If they think the EEA person with blue registration certificate automatically switches to a student when they start studying, then the transitional arrangement of before June 2011 should apply on them as well. Otherwise, keep them out of it and only apply it for those who specifically have a student registration card.
You shouldnt have the cake and eat it too. The whole point of pre-June 2011 transitional arrangement is that those who got certificates before June were not made aware of CSI requirements, same applies to those who got blue registration card before June 2011 and may have decided to pursue studies.
Also this should be further enforced by universities if needed, you cant expect people to visit ukba website everyday to see what new rules are there in case they need to comply with?
How can UKBA be so dumb?
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222