British Citizenship Refused - UK Registration Card not provided

MSPolska wrote: ↑

Fri Mar 23, 2018 11:00 pm

thank you all for your input. I believe I followed all of the procedures. The reason my naturalization was refused was because I was, in my opinion, misled to believe I had the right permit.

I have met the criteria for permanent residence as I1. I have been married to UK citizen, 2. have provided all necessary pay slips and evidence of work in past 5 years, 3. have not been absent from the UK in the past 5 years for more than the requirement. I provided all that was asked of me when applying EEA(PR) and if Home Office required further proof they would usually contact me.

Not sure you can hang on to the word misled at the moment until you are certain that you should have been issued a PR instead of an RC.
I dug up some old post of ppl that have found themselves in your situation. They were all given the same advice of contacting caseworker to clarify. Unfortunately, non of them provided an update of the outcome. See below:

www.immigrationboards.com/eea-route-app ... l#p1584054

 eea-route-applications/eea4-fast-proces ... ml#p723597

 www.immigrationboards.com/eea-route-app ... ml#p460824

Your case is more complicated as they identified theirs at the PR stage.
Left to me, I will be contacting HO if I feel strongly that I met the requirement of PR for them to rectify and issue me with a DCPR. If it is then rectified, I will use reconsideration option for naturalization. As far as I am aware, there is no time limit. If indeed there was an error, I will put my argument forward as to why I believe they should reverse their decision. I will definitely try this bf coughing out another £1280 plus to reapply. It will take time unfortunately.

I haven't worked for all of the 5 years as I had my son and spent three years at home with him. which is why I supplied husbands documents, been back to work last couple years. I have utility bills, mortgage documents, deeds, bank statements and an NI insurance statement I requested from HMRC showing my contributions for the period.
The previous 9 yearss to that I was continuously employed (but various jobs)/studying, but I do not have the payslips anymore as HMRC only requires employees to keep records for 3 years, so I didn't keep pay slips. this is why I requested tgat statement from HMRC.
Do you think what I listed in the first paragraph is sufficient evidence of permanent residency? Is tgere anything I should have added?

I believe I have a point with RC being issued instead of DCPR, because in their guidance notes it says:

What happens if my application for permanent residence is unsuccessful?
We will send you a decision letter telling you why we have rejected or refused your application. The
letter will also tell you if you have a right of appeal and, if so, how to appeal.

I never received any letter, just the card (which was why assumed it was the correct permit)

I will go back to EEA who issued the card first and once I have their reply see what to do next.

Still, I am looking through guidance notes and was hoping for some advice regarding my personal situation, do you think the documents I listed above were sufficient proof of residence?

I have ticked this box on my original EEA(PR) form:

I’ve lived in the UK for a continuous period of five years as an EEA national qualified person,
the family member or extended family member of a qualified person, or a combination of
these.

supplied the above mentioned documents.

It should ahve been sufficient. Again, if it wasn't HO didn't explain otherwise. They just issued a card, which I assumed was the card I applied for. How could I have known it wasn't?

MSPolska wrote: ↑

Sat Mar 24, 2018 7:43 am

I haven't worked for all of the 5 years as I had my son and spent three years at home with him. which is why I supplied husbands documents, been back to work last couple years. I have utility bills, mortgage documents, deeds, bank statements and an NI insurance statement I requested from HMRC showing my contributions for the period.
The previous 9 yearss to that I was continuously employed (but various jobs)/studying, but I do not have the payslips anymore as HMRC only requires employees to keep records for 3 years, so I didn't keep pay slips. this is why I requested tgat statement from HMRC.
Do you think what I listed in the first paragraph is sufficient evidence of permanent residency? Is tgere anything I should have added?

Your EEA application was not straightforward afterall. If you were not working for 3 years, did you apply under self sufficient as a dependent with a Comprehensive Health Insurance if you submitted your husbands documents? If you did not, you exercised treaty right for 2 years from what you said which is probably why you were given a residence certificate. So the decision may have been correct.

Think my question here is how can I satisfy HO that I was a a qualifying EEA member in the 5 years.

Would mortgage statements in my name suffice?

I qualified for residence certificate in their view, but I am puzzled as to what was missing in order to get the DCPR

Sorry, your post only just appeared. I did not have personal Health Insurance when I was at home with my child. I didn't this was required. All I have for that period is my husbands tax returns and my NI Statement really.

Sorry, your post only just appeared. I did not have personal Private Health Insurance when I was at home with my child. All I have for that period is my husbands tax returns and my NI Statement issued by HMRC.

I will add all of these documents to the letter to EEA Applications and explain.

Does the NI Record Statement suffice as a proof of self sufficiency?

Unfortunately, as stated above, your case is not as simple as you believe. Simply 'living' in the UK is not sufficient and your British spouses' documentation is irrelevant as he cannot sponsor you for PR. You have to be qualified in your own right as an EU citizen.

The only time your husbands documents would be relevant is if he had Comprehensive Sickness Insurance for the whole family and you submitted this evidence.

No, the NI statement is not sufficient. You must have held CSI for the time you did not work to be a qualified person.

Ah is it so?
If this is the case I could have used the 5 years prior to my sons birth which is when I was continuously employed. Just at the time I didn't feel I will need a British citizenship. It was Brexit that has caused me to worry, as well as it has for many other EEA nationals.
Unfortunately I no longer have payslips from that period and as it goes so far back - to 2008 I doubt I can now get hold of them.

If I had any idea the Residence Card they sent me, if they pit a letter in with it, if they in any way acknowledged the fact it was a different document< I would have never applied for the BC in the first place.

You can use any block of five continuous years doing a combination of
a) Working
b) Seeking work (there are restrictions on how much time you can spend in this category).
c) Studying (CSI-private health insurance-required for yourself and any non-British members of your family)
d) Being self-sufficient (CSI-private health insurance-required for yourself and any non-British members of your family)

As CR001 has noted, your British spouse cannot sponsor you under the EEA Regulations. You will need to have met the requirements above yourself.

MSPolska wrote: ↑

Sat Mar 24, 2018 9:52 am

If this is the case I could have used the 5 years prior to my sons birth which is when I was continuously employed. Just at the time I didn't feel I will need a British citizenship. It was Brexit that has caused me to worry, as well as it has for many other EEA nationals.
Unfortunately I no longer have payslips from that period and as it goes so far back - to 2008 I doubt I can now get hold of them.

Yes, you can use five years prior to your son's birth, if you were registered with WRS as per the rules then in force (assuming that you are Polish based on the flag on your profile).

Can you contact the organisation that you worked for to resend you the payslips? You can also ask HMRC for a National Insurance statement for specific years, though I am not sure whether that would be sufficient.

As this discussion is now veering towards the requirements for PR rather than that of naturalisation, I am inclined to move it to the EEA Route Applications forum.

Thank you.
I already have a statement of National Insurance contributions I made since 2007.
I was in the WED originally registered in 2005 and back then HO only needed the WRS permits for 12 months. I have it all and can send with the letter

Thank you everyone for your input.

I will be requesting copies of P60 forms for the time when I was employed for 5 consecutive years and starting the Residence Card process from scratch.

It's funny (or frustrating) as I have paid so much attention to every aspect, but being so convinced tgat the Residence Card I had was correct, it just didn't cross my mind to question it.

Now I know the necessary! Was in the dark about the DCPR procedure before.

Feeling hopeful that this time, with a lot more knowledge, things will go ok for me (if I can get the P60 or letters confirming employment as it was so long ago).

Best of luck for your EEA PR application.

Given that you are claiming PR based on working a while ago, remember to also include documents to prove that after you acquired PR you were not absent from the UK for more than two years. An absence of more than two years would void your PR.

secret.simon wrote: ↑

Sat Mar 24, 2018 10:06 pm

Best of luck for your EEA PR application.

Given that you are claiming PR based on working a while ago, remember to also include documents to prove that after you acquired PR you were not absent from the UK for more than two years. An absence of more than two years would void your PR.

Thank you, yes I have the evidence they require: bank statements, council tax bills, mortgage statements etc, and more recently payslips

Do you think that once I have the DCPR I should apply for reconsideration or start with an entirely new application for BC?

MSPolska wrote: ↑

Sun Mar 25, 2018 10:32 am

Do you think that once I have the DCPR I should apply for reconsideration or start with an entirely new application for BC?

New application, because the old application was decided correctly based on the evidence attached by you to that application.

secret.simon wrote: ↑

Sun Mar 25, 2018 10:51 am

MSPolska wrote: ↑

Sun Mar 25, 2018 10:32 am

Do you think that once I have the DCPR I should apply for reconsideration or start with an entirely new application for BC?

New application, because the old application was decided correctly based on the evidence attached by you to that application.

Reading through it seems to me that many people make a similar mistake to me. Since it is a mistake easily made. Why would the HO not make it clearer since it is a common mistake that cost so many. Least put a note about it.
Not everyone can just throw away all that money for goodness sake.
An acknowledgement saying "we didn't issue the Residence card what you applied for, but please find a Residence certificate" wouldn't cost them much but would have saved me £1300 and more!

Is there anywhere to make a complaint? Clearly no use for me, but it might help others in the future if it was changed.

Forums like this are wonderful but people wouldn't read it until it happens to them.

but perhaps because once it happens to you you become British so in true British style you don't complain

Since it is a mistake easily made. Why would the HO not make it clearer since it is a common mistake that cost so many. Least put a note about it.

You would have needed to look at your residence card to complete Form AN, where is specifically asks for the below. Only a small number members on the forum have however made this error when applying for citizenship since it became mandatory to hold a DCPR on 15th Novemer 2015.

https://www.gov.uk/government/uploads/s ... 02-18_.pdf

State the number of your Permanent Residence card and the date of issue:

Page 15 of the form AN Guidance notes also states :

https://www.gov.uk/government/uploads/s ... feb-18.pdf

Evidence that you are considered permanently resident in the UK
• A document certifying permanent residence or a permanent residence card issued by the Home Office.

An acknowledgement saying "we didn't issue the Residence card what you applied for, but please find a Residence certificate"

I agree that you should have received a letter stating what has been issued instead of PR. Are you sure you didn't get anything at all either with your supporting documents or your actual RC??

As an aside, when you apply for PR, you get a letter with your card stating the date that you automatically acquired PR, which is usually a different date to the one on the card.

To all who have unknowingly ended up with the wrong residency card - suspect EEA(QP) instead of EEA(PR):

I am convinced the official website for naturalisation of EU citizens (gov.uk/british-citizenship) has been mis-leading, or at least falsely signposting to the wrong document for quite a while. Most certainly over a period of October-December 2016 and possibly beyond. Too many people have now made this mistake, including myself. I, too, lost the non-refundable £1,250. I've lived and worked here for over 21 years without interruption, paid tax and NI.

It feels that no effort was made to guide users to a successful outcome i.e. by showing a dummy picture of the required permanent residency card or pointing out on the EEA(QP) application form that this was not sufficient for a citizenship application.

While the website has likely been corrected since. The fact that we - as EU citizens - have never needed any type of residency card in order to permanently live in the UK, makes this process even more nebular.

Last week I took the advice of friends and family who are all extremely aware and alert to the current climate in our country, to write to my MP, which was a very satisfying and positive experience. I had a written reply within five days with the update that she has taken my case to the Home Office with the request to review my application. Since I'm an active member of the Green Party and have been a council candidate on several occasions, I also wrote to my party leader the fabulous Caroline Lucas MP and to my Green Party MEP, Jean Lambert. Who both also responded within days with the promise of following my case up with the HO and the EU parliamentary group dealing w/ immigration and citizenship.

And to round it all up, I forwarded my letters and responses to The Guardian and The Independent newspapers.

I strongly recommend that you all make your voice heard. Write to your MP, write to your MEP, write to the media. Outline your case in detail. Putting pressure on the HO to at least stop this ridiculous mechanism of not refunding in case of failed applications; forcing parity between how British citizens are being treated in your home countries and how you are being treated here; adding to the volume of complaints about the hostile HO, from Windrush victims to long time immigrants with a clearly earned right to get accepted for citizenship. Only because it says so, doesn't mean you have to take it on the chin. Speak up!

It might still lead to nothing, but it's worth a try.