misinformed by NationalityCheckingService-applicationRefused

[nationalityquestion]

Before applying for British Citizenship I consulted and used services of NCS- I wanted to clarify the issue of WRS (I moved to UK in 2007 but registered with WRS in 2009 so wasnt sure whether I could apply 2013 or 2015). I was assured that since WRS was cancelled there was no need to wait 6 years since my WRS registration date, and so I was told to go ahead with my application, which I did, trusting the advisors - then a letter came today from Home Office stating my application had been refused due to not holding my permanent residence for 12 months and so I need to apply again in 2015 and pay again.
I do understand that even though WRS doesnt apply anymore, it did at the time of my registration, and so I should wait until 2015. However, I asked that question to advisors at NCS and was misinformed which resulted in me losing over 800pounds (all conversations were over the phone and so I don't really have any proof in writing of their mistake). I don't really mind waiting one more year to apply but is there anything I could do to complain about the mistake which caused the refusal of my application? Is there some place where I could make a complaint or seek advice how to get at least some of the money back?
Many thanks in advance!

[Casa]

Check whether the NCS used is registered with the OISC. If it is, this link will explain how you can submit a complaint.
http://oisc.homeoffice.gov.uk/complaint ... on_advice/

[Amber]

You must have had a face 2 face consultation?

Are you the spouse/civil partner of a British person? The NSC is registered with the Office of the Immigration Service Commissioner (OISC).

[nationalityquestion]

Yes, I have had a face 2 face consultation where they checked all the documents before stamping and scanning them. As I had been advised prior to the meeting over the phone that WRS was irrelevant I still brought the document and I didn't really think of asking about that again as assumed everything would have been checked anyway.
No, I am not the spouse/civil partner or a British person.
I went to NSC today but was told everyone was busy, so I am going there again tomorrow as there may be a possibility of speaking to someone.
So, if I understand well, should I make a complaint to OISC? Also,I have printed my phone statement showing when exactly I called them so that they will hopefully agree to listen to them to notice the error.

[Casa]

Yes, make a formal complaint to the OISC.

[nationalityquestion]

Thanks, will do. Just checked the OISC complaints section on their webiste ,and it is stated they cannot help with refunds and compensation; naturally, I would like my money back as I do not feel it is fair to pay for advisors' mistakes- is there any hope in this matter?

[Amber]

So during the actual face-2-face appointment you didn't ask the question regarding WRS? If this wasn't discussed, OISC won't help, and you erred. It could have been the receptionist on the phone. During the interview, if you had raised the issue, the NCS officer could have contacted a nationality caseworker. Did the issue surrounding WRS not get raised? Or was it a mere copying documents process?

[nationalityquestion]

I didn’t ask a question about that, unfortunately, simply assumed was correctly informed beforehand. When on the phone prior to the interview, I could hear a lady discuss my question with two others in the room just to check. I assumed I talked to an officer as she was answering all my other questions and a receptionist wouldn’t have been authorised to do that, but I see what you mean. During the interview attention was only paid to calculating the number of my absences and the date when I was given indefinite leave to remain in the UK.

[Amber]

You see you are confusing things again, you don't have ILR, do you? You must be careful what terms you are using as they have specific meaning. You have permanent residence as a EEA national, do you not?

You could have spoke to a cleaner or anyone on the phone regardless of what you heard. You had no contract with the person on the phone, you paid no money for their service, did they even owe you a duty of care? Unlikely. Don't take my comments the wrong way, I'm just making my point.

When did the NCS officer calculate you had 'permanent residence'?

How did the NCS officer calculate that?

Have you read the waiver you signed? What does it say about liability?

[scigo]

Amber , in regards to your comments about permanent residence, where can I find out how is it calculated?
I have got problem to fill this info on MN1 form

[Amber]

For MN1 I gather you need to know if the parent has PR? It would be generally, after exercising treaty rights continuously for 5 years in the UK,or the family member etc.... subject to some exceptions/absences.

[scigo]

For MN1 I gather you need to know if the parent has PR? It would be generally, after exercising treaty rights continuously for 5 years in the UK,or the family member etc.... subject to some exceptions/absences.

Yes yes for the parent. Specific example. I am Slovak, I came to the UK in June 2004. My WRS is with a date of 22/08/2004 this is when I started my first job (before I was an au-pair) I have worked ever since that day. Is my PR date 23/08/2009? I have been absent from the UK until now 93 days in total in almost 10 years

[Amber]

When was your child born and where?

[nationalityquestion]

Amber, I went to NCS the other day and one of the officers who had dealt with my application actually openly admitted to having no idea about this rule and that they were never aware the scheme was applicable to anyone anymore; therefore, not necessary to prove that I was misinformed as they openly admitted. On Monday I am going to see the manager and also after consulting Citizen Advice Bureau I know I should get the money back from NCS as they failed to provide the service I had paid for. I am just worried as I don't have enough knowledge about the legalities now and what I am legally entitled to in this case.
As far as ILR is concerned, I obtained one in January 2014 as registered with WRS in 2009 so will need to wait one more year which makes sense to me, all I want now is my money back.

[lojzina]

Amber, can you please read the following.

[lojzina]

I am not sure, whether this is the right forum for the following.
After living and working in the UK for the last 20 years I have finally decided to go for the BC (well got the funds at last). I am a A8 national.
I made an appointment with my local NCS as I needed my passport and all the other supporting documents straight back for other legal issues. Well the person checking the documents had no idea that my country (Czech Republic) is in the EU. Alarm bells started to ring very loud indeed. She went through my form without even looking at it, refused to look at my other documents, etc. And then came the question "WRS date". Well I told her that I was exempt from the scheme as on 01.05.2004 I was legally in the country and legally working (I was under Section 3C of the Immigration Act 1971, I had an appeal with the HO at that time). Anyway sheer panic began as she had no idea what am I talking about and called "senior" case worker at the HO. The case worker in question had somehow knew immediately after my name was given, who I was (that was before the council worker asked me for my HO reference number). The case worker has suggested that there is not such thing as exemption from the WRS and I will be refused BC and waste my money. The council worker had failed to explain to the HO employee why I was exempt, as she could not comprehend what Immigration Act 1971 Section 3C is. Obviously by than I got very frustrated indeed (least to say), so she called her again and again was told that I will be refused, plus that I would have to have a letter saying that I was exempt....????? Contradiction or what? I had all my documentation with regards to my case in 2004 (well going back to 2000 when the appeal started) plus P60 etc. Subsequently the case worker suggested I apply for my PR via EEA3 form, that is for "free". By than I started to laugh, we all know that EEA3 is not for free, and gather my things taking the buggy and leave. So someone in the HO has decided prior to my application that I will be refused, based upon their ignorance of Immigration Rules and WRS Regulations. So now i am afraid to send my application full stop, because I am in no position to loose £874 and more should I appeal or perhaps end up in court again with the HO.
If I was not exempt from the WRS and exercised the Treaty of Rights, my son would not be British.
Nothing has changed in the HO in the last 20 years. Each case worker interprets, if they can be bothered, the law and regulations as it suits them in a particular moment. However they are playing with lives of so many honest people. Luckily for me my birth country is in the EU, but I have never forgotten the time when I was a subject to visa regulations and had to fight nearly every single time for renewal, going to court, etc. I have lived here for more than half of my life, there has never been a time I have not paid my tax, N.I, you name it. And yet it takes one ignorant person to change the course of your life.

[lojzina]

P.S. all written in anger, sorry.

[Amber]

Unfortunately, this is not uncommon, I believe you could have requested a blue booklet if you were exempt from the WRS, but was not mandatory. You need to just supply an extract from the exemption guidance, which I can't find ATM, as it's difficult to navigate around the new site. Your exemption would be, because you were working legally in the UK already in the same job that you held on 1 May 2004, just supply proof of that and there shouldn't be an issue.

[lojzina]

Hi Amber,

Bit of late thank you for your reply. The proof are my payslips and the letter form the HO with referral to Section 3C, but that was not enough for the NCS.
I have decided to obtain all the information the BA held on me and will act upon the findings.