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What does the residence card say exactly??I did supply the residence card.
If you have the card now, check if it is a DCPR or a Residence Certificate.
Did the accompanying letter following your PR application state that they were returning your PR Card or Residence Card? Did the letter advise when you acquire permanent residence? This will help you narrow it down to whether they issued you wrong card only or if the made an error with the entire application. It will also help you with how you will phrase your complaintMSPolska wrote: ↑Fri Mar 23, 2018 6:35 pmJust double checked I definately applied for Permanent Residence Card (filled out the correct form EEA(PR)), they sent me the wrong card tho.
What to do now?
I guess write a complaint to the Home Office explaining and asking why they issued the wrong residence card and that this has caused for my British citizenship application to be refused.
You should also add that you met the PR requirement and state the qualifying period covered and the accompanying documentary evidence of exercising treaty rights.MSPolska wrote: ↑Fri Mar 23, 2018 7:21 pmThis is what I am intending to write to them, to both offices:
PO Box 590
UK Visas and Immigration
The Capital Building
if you could kindly add anything that might in your opinion help I would really appreciate it.
Dear Home Office,
I am writing with regards to my EEA(PR) Application form which I submitted to you by post on the ****date***. I send the application to the Home Office in **date*** in preparation for my subsequent application for British citizenship with the Home Office. I was applying for a document certifying permanent residence.
Following my application, you issued me with a Residence Card, serial number UKF*******. I submitted this card with my British citizenship application.
Unfortunately, as I recently learned the document you issued is not the document I applied for. I applied for a document certifying permanent residence (form EEA(PR)) and you issued me with Residence Certificate card instead. In order to apply for Registration Certificate, Home Office requires residents to fill out an entirely different form – form EEA(QP), please note that I did not fill nor send this form to you.
At the time when I applied for my British citizenship I was not aware that there were two different documents which look the same. I filled out the correct form EEA(PR) and was supplied with wrong Residence Card. When this card was posted to me it came in an envelope with returned documents, but no accompanying letter. If Home Office issued a Residence Certificate purposely instead of the document certifying permanent residence, it should have explained to me the difference, as both documents look the same.
I supplied the card you sent to me in response to my EEA(PR) as my document certifying my permanent residence when applying for British citizenship. I was under the impression this was the correct document. This was the reason why my British citizenship application was refused.
Based on all of the above I would like to ask the Home Office to look at my original application form EEA (PR) and reconsider my British citizenship on the grounds that it was the Home Office who made an error in the first place by issuing the wrong Residence card.
I would like to request you look at my original application form EEA(PR), which was sent to you on the ***date***
I attach to this letter a copy of my previous correspondence with the Home Office.
MSPolska wrote: ↑Fri Mar 23, 2018 7:37 pmAll of this information would have been in my form, which they still should have record of. maybe the caseworker did not look. Just the residence certificate you submitted alone is enough for the caseworker to refuse your naturalization application
Would the qulifying eriod have been all the time I have lived and worked in the UK. whatever 5 yr qualifying period you used for your PR application. or did you provide documentary evidence for the whole 14 yrs? Anyway whatever document you provided should be over 1 year ago .
And do you mean I need to add the documents again which originally included in my application? No. I meant that you should state the qualifying period that you relied on for your PR application. It will help highlight that you made a PR application
Just wanted to add a HUGE Thanks for making the non obvious obvious.
I am really thorough with my applications and had I had any doubts in the slightest I would have not applied with the wrong card. I hope the Home office can admit to their own mistake, see how the error was made and look at my application favourably. Although strictly speaking I still do not have the DCPR.if what you say is correct, then it will not be your fault and of course, they will have your application form
They do have my application form for a DCPR, so hopefully they can issue one and give it to the other department without me having to pay for another British citizenship application.
It would have been helpful if there was a different means of communicating than post. As I also nearly missed out on providing my biometrics as the first letter never got to me, and when I received the second letter it only gave me 10 days to do it from the date of the letter. Had I been away I would have completely missed out. I can see how they only want to use the postal address as a matter of ensuring we actually live at the address, but still... it is so not current. color=#FF0000]who are you addressing this letter to?[/color
If it is the case that OP was correctly issued a residence certificate instead of a DCPR, HO should be able to respond to the complaint with this explanation and OP will now determine how to proceed. If the fault is from HO, they should be able to set things right. Will it not be case of killing 2 birds with 1 stone?secret.simon wrote: ↑Fri Mar 23, 2018 8:09 pmI would suggest a pause.
The Home Office would look at the evidence that you provided when you applied for the DCPR with the EEA PR form and only issue a DCPR if they were satisfied that you had actually acquired PR. If they were not satisfied that you had acquired PR, but you had proven that you were exercising treaty rights at the time of application, but for less than five years, then they were correct to issue a Residence Certificate. That is the correct procedure.
So, let's pedal back a bit. What evidence did you provide to prove that you had exercised treaty rights for five continuous years in the past and that you did not have absence of more than two years per absence after acquiring PR from the UK? How had you exercised treaty rights in the past? Remember that mere presence in the UK does not count as exercising treaty rights and there are strict rules on how long you may have been job seeking. Also, time on being a student or being self-sufficient does not count if you did not have either CSI (private health insurance) or a non-UK EHIC card.
Based on your response, I suspect that we will first need to look at your permanent residence and only then progress towards naturalisation.
I can't seem to find the quote, but after a bruising battle with the Home Office (under the much tougher UK Immigration Rules), a person on these forums noted that the way to win with the Home Office is to follow process. The Home Office is a plodding procedural beast. The closer you conform to the required procedure, the faster it will move for you. So, try to think like the Home Office, rather than what you think is right or ought to be.
To kill two birds with one stone, one must choose a stone of appropriate dimensions and weight and aim accurately and in the correct direction.Hstepper07 wrote: ↑Fri Mar 23, 2018 8:32 pmIf it is the case that OP was correctly issued a residence certificate instead of a DCPR, HO should be able to respond to the complaint with this explanation and OP will now determine how to proceed. If the fault is from HO, they should be able to set things right. Will it not be case of killing 2 birds with 1 stone?
You definitely have a pointsecret.simon wrote: ↑Fri Mar 23, 2018 8:38 pmTo kill two birds with one stone, one must choose a stone of appropriate dimensions and weight and aim accurately and in the correct direction.Hstepper07 wrote: ↑Fri Mar 23, 2018 8:32 pmIf it is the case that OP was correctly issued a residence certificate instead of a DCPR, HO should be able to respond to the complaint with this explanation and OP will now determine how to proceed. If the fault is from HO, they should be able to set things right. Will it not be case of killing 2 birds with 1 stone?
That is why I am inviting the OP to present us with the evidence that s/he provided the Home Office for the initial EEA(PR) application. We can then advise on whether the Home Office was correct or wrong in its issue of a Registration Certificate. S/he can then progress to either improve her case or reinitiate the process.
I think that many people are seeing this as one process; correcting the EEA (PR) form to get a DCPR will automatically result in the OP getting British citizenship. But it is in reality two separate and disjointed processes; one is getting the DCPR and the second is submitting it to the Home Office in support of a naturalisation application. One will not automatically fix the other.