British citizenship - PR not held for 12 months

[luk4sz]

Hello Aneta123

Sorry to hear about your problems with British Naturalization.

Unfortunately my application has also been refused, although I am Polish National as you and have been registered with WRS since September 2010. I submitted my application in October 2015 last year.
Since my registration with WRS I, have been working in the same job and from what I understand I fulfilled all requirements for continuous residency period of 5 years.

However, from what I understand from the Home Office's letter you need fulfill above requirements to obtain permanent residence and then be in uk for 12 months. So in total you need to wait 6 years after WRS.


If someone could kindly have a look at my refusal comment and confirm it please:
(just to remind: registration with WRS September 2010, never changed the job since, BR naturalization application submitted in Oct 2015)

"Since 30 April 2006, European Economic Area or Swiss nationals (or their family members) who have have been exercising free movement rights in the United Kingdom for continuous period of five years will be automatically entitled to permanent residence in the UK.

All those applying for naturalization as a British citizen are required to be free of immigration time restrictions on the date of application. EEA and Swiss nationals will be able to meet this requirement once they have obtained permanent residence. In addition, EEA and Swiss nationals who are not app.lying on the grounds of marriage/civil partnership to a British citizen should also have had permanent residence in the UK for 12 months before applying for citizenship.

Although you have been exercising treaty rights in the United Kingdom for a continuous period of 5 years, you have not had permanent residence for 12 months prior to the date the application was received in the Home Office and you do not meet the requirement set out on our website. Whilst the Secretary of State has discretion to waive this retirement she is not prepared to do so in this particular case. Your application has therefore been refused.

You should note that a fresh application can be made at any time but an application revived before you have had permanent residence in the United Kingdom for 12 months is unlikely to be successful."

So I believe that required time in UK before you can apply for citizenship is 5 years on WRS + 12 months afterwards on permanent residency.

So if you think about re-applying you need to meet these requirements, not like I thought 5 years after WRS.


Does anyone know if I have grounds to apply for reconsideration of Home Office decision? In my application I mentioned that my grandfather was fighting in The Battle of Britain as a pilot and unfortunately lost his life for British Freedom. Would that make any difference? On the other hand if I could appeal from this decision and Home Office review will take place after September 2016 I would be meeting their requirements.

Can anyone advise please?


Regards

Lukasz

[noajthan]

I have moved your post to its own thread to avoid jumbling of responses & confusion with any other post.

[ohara]

Are you married to a British citizen? If you are, then you are not subject to the rule where you must have held PR for 12 months before applying.

If you are not, I can't see you having any grounds for reconsideration as their decision is correct. Under the residency requirements, unless you are married to a British citizen, you must have been free from immigration time restrictions for at least 12 months before applying. Although you were free from the time restrictions, you hadn't waited for the 12 months, so you did not meet the requirements.

All applications are treated equally according to HO guidance and no weight is given to applications due to ancestry, heritage or any other circumstances.

Once the 12 months has passed since you got PR, you will be eligible and can apply again. NOTE that you will not get a refund from your failed application (aside from the £80 ceremony fee) and from April 2016 the AN fee is going up to £1236.

[noajthan]

Hello Aneta123

Sorry to hear about your problems with British Naturalization.

Unfortunately my application has also been refused, although I am Polish National as you and have been registered with WRS since September 2010. I submitted my application in October 2015 last year.
Since my registration with WRS I, have been working in the same job and from what I understand I fulfilled all requirements for continuous residency period of 5 years.

However, from what I understand from the Home Office's letter you need fulfill above requirements to obtain permanent residence and then be in uk for 12 months. So in total you need to wait 6 years after WRS.

If someone could kindly have a look at my refusal comment and confirm it please:
(just to remind: registration with WRS September 2010, never changed the job since, BR naturalization application submitted in Oct 2015)

"Since 30 April 2006, European Economic Area or Swiss nationals (or their family members) who have have been exercising free movement rights in the United Kingdom for continuous period of five years will be automatically entitled to permanent residence in the UK.

All those applying for naturalization as a British citizen are required to be free of immigration time restrictions on the date of application. EEA and Swiss nationals will be able to meet this requirement once they have obtained permanent residence. In addition, EEA and Swiss nationals who are not app.lying on the grounds of marriage/civil partnership to a British citizen should also have had permanent residence in the UK for 12 months before applying for citizenship.

Although you have been exercising treaty rights in the United Kingdom for a continuous period of 5 years, you have not had permanent residence for 12 months prior to the date the application was received in the Home Office and you do not meet the requirement set out on our website. Whilst the Secretary of State has discretion to waive this retirement she is not prepared to do so in this particular case. Your application has therefore been refused.

You should note that a fresh application can be made at any time but an application revived before you have had permanent residence in the United Kingdom for 12 months is unlikely to be successful."

So I believe that required time in UK before you can apply for citizenship is 5 years on WRS + 12 months afterwards on permanent residency.

So if you think about re-applying you need to meet these requirements, not like I thought 5 years after WRS.


Does anyone know if I have grounds to apply for reconsideration of Home Office decision? In my application I mentioned that my grandfather was fighting in The Battle of Britain as a pilot and unfortunately lost his life for British Freedom. Would that make any difference? On the other hand if I could appeal from this decision and Home Office review will take place after September 2016 I would be meeting their requirements.

Can anyone advise please?

Regards
Lukasz

You have my sympathy but this is nothing to do with WRS.
And I salute all heroes such as your brave grandfather who helped sow the seeds that have come to fruition in the Europe we have today.

Unfortunately it appears you have not complied with one of the fundamental requirements of citizenship under Section 6(1) of BNA.
- namely to be free of immigration time restrictions for 12 months after achieving settled status.
In your case after acquiring PR.

Ref relevant HO guidance:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- see page 4

(There is an exception if married to a BC; ie for an application made under a different section of BNA).

As the letter says there is discretion but the Home Secretary, in her wisdom, has decided not to exercise it.

You could try approaching your MP for support &/or making some sort of media campaign about this, but in present climate with migrants a hot topic, you may have to accept defeat.

Unfortunately the privilege of citizenship does not come with appeal rights;
as procedure seems to have been followed by the caseworker in this case a reconsideration is unlikely to succeed.

[noajthan]

Lukasz,
What were you doing before 2010?
Were you in UK?
If so, on what basis?

If your PR start date can be pushed back earlier in time you may have something to work on.
Apart from a campaign involving your MP (&/or the media) that seems to be your only chance.

It would not hurt to ask them to put your application on hold until October;
however I doubt that would succeed as it would set a precedent for every other EEA application too. And HO don't like creating precedents.

[luk4sz]

Lukasz,
What were you doing before 2010?
Were you in UK?
If so, on what basis?

If your PR start date can be pushed back earlier in time you may have something to work on.
Apart from a campaign involving your MP (&/or the media) that seems to be your only chance.

It would not hurt to ask them to put your application on hold until October;
however I doubt that would succeed as it would set a precedent for every other EEA application too. And HO don't like creating precedents.

Thank you for all your prompt replies. I was living in UK before 2010, was working as a self-employed contractor as well as I was studying. When I was reading requirements for WRS before 2010 I was under impression that I do not need to register as I was self employed.
However in 2010 I thought it might be worth to register just in case as I was in doubts about my interpretation of WRS criteria.

In my application I stated that I came to UK in may 2005 and provided WRS document & history of my last 5 years PR.


Please advise if these circumstances can be taken in my case?


Thank you.

[noajthan]

Lukasz,
What were you doing before 2010?
Were you in UK?
If so, on what basis?

If your PR start date can be pushed back earlier in time you may have something to work on.
Apart from a campaign involving your MP (&/or the media) that seems to be your only chance.

It would not hurt to ask them to put your application on hold until October;
however I doubt that would succeed as it would set a precedent for every other EEA application too. And HO don't like creating precedents.

Thank you for all your prompt replies. I was living in UK before 2010, was working as a self-employed contractor as well as I was studying. When I was reading requirements for WRS before 2010 I was under impression that I do not need to register as I was self employed.
However in 2010 I thought it might be worth to register just in case as I was in doubts about my interpretation of WRS criteria.

In my application I stated that I came to UK in may 2005 and provided WRS document & history of my last 5 years PR.

Please advise if these circumstances can be taken in my case?

Thank you.

That's great. if you are careful you may have a chance.

There is absolutely no need to apply on basis of past 5/6 years.

Any 5 year period where yoiu can show you have been a qualifying person exercising treaty rights continuously (& any with any absences from UK kept within prescribed limits) and you have acquired PR automatically.
Yes that's right - automatically

A PR card simply confirms that happy status.

Note WRS does not apply to the self-employed.

If you were self-employed collate all your evidence of this; write a cogent covering letter to prove you were exercising your rights from 2005-2010 (or whatever is your timeline).

That means you have acquired PR earlier and much earlier than you had thought

Be aware there is no cast iron guarantee here as HO procedure has been followed & they have assessed you on basis as application as submitted.
But there is a chance.
Mention grandfather too if you wish - but don't get emotional & go over the top.

Work on showing you acquired PR as early as possible.
Then you will meet the freedom from immigration time restrictions as is required by s.6(1) of BNA.


Best of British luck.

[luk4sz]

One more question regarding my application. In case of I need to apply again after required time 5 years + 12 months. Has the permanent residence been automatically granted in my case, after I have been living in UK for 5 years? Or do I still need to apply for it before I decide to reapply for British Citizenship?

Someone mentioned in one of the other topics that from 2016 you would need PR before you can apply.

If I need to apply for it would my 12 months start from October 2015, or from the date it will be granted by HO.

Kind regards

Lukasz

[luk4sz]

Note WRS does not apply to the self-employed.

If I was working on the project and was working as a contractor through Umbrella Company, would that fall into a self employment terms & conditions?

[noajthan]

One more question regarding my application. In case of I need to apply again after required time 5 years + 12 months. Has the permanent residence been automatically granted in my case, after I have been living in UK for 5 years? Or do I still need to apply for it before I decide to reapply for British Citizenship?

Someone mentioned in one of the other topics that from 2016 you would need PR before you can apply.

If I need to apply for it would my 12 months start from October 2015, or from the date it will be granted by HO.

Kind regards

Lukasz

If you reapply from now you onwards then yes you will need a PR card (it's a 'confirmation of PR' card really) as the rules changed around beginning of year.

The 12 months still runs from date someone acquired PR - not the date the PR card was issued; (which could be some time, even years, later).

But for now suggest work on one last shot at your current case - see suggestions in post above.

[noajthan]

Note WRS does not apply to the self-employed.

If I was working on the project and was working as a contractor through Umbrella Company, would that fall into a self employment terms & conditions?

Were you operating as self-employed?
Registered as self-employed with HMRC & etc?

See http://www.hmrc.gov.uk/manuals/ccmmanual/ccm20110.htm

A8 nationals who are self employed are not required to register with the WRS, see CCM20350

See also: http://www.rightsnet.org.uk/forums/viewthread/3411

[ohara]

Has the permanent residence been automatically granted in my case, after I have been living in UK for 5 years? Or do I still need to apply for it before I decide to reapply for British Citizenship?

Permanent residence is automatic, it cannot be applied for. Having a permanent residence card or a document certifying permanent residence does not confer PR, it merely confirms it, and you are not required to possess one (although since 12th November 2015 it is a requirement when applying for British citizenship).

If you have exercised treaty rights as a qualified person for 5 continuous years in the UK then you will have acquired PR.