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Deliberate mishandling of cases

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Eszter
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Deliberate mishandling of cases

Post by Eszter » Thu Apr 11, 2019 7:28 pm

I applied for UK citizenship on the 18th of February 2019. I submitted all of my documents including my residency card. On the 11th of April 2019 I received a letter stating that my application has been refused because I haven't provided my residency card. I did submit it and in fact it was sent back to me in the same envelope with all my other documents. It was on the very top of the pile. The accompanied letter included a list of documents which didn't include my residency card even though it was on the very top of the pile.

I believe that someone deliberately mishandled my case as it couldn't be more obvious that it was attached. I contacted the HMRC and they suggested me to appeal against the decision.

Although I took photos of the letter I received and the pile of documents I am affraid that if I appeal they will just simply say that it wasn't there because they deliberately left it off from the list as well.

I have an appointment in the Citizen Advice bureau in a few days but I am wondering if this has happened to anyone else and what the outcome was.

Obviously, I am furious and don't really know what else I can do.

Many thanks
E

R-graphite
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Re: Deliberate mishandling of cases

Post by R-graphite » Thu Apr 11, 2019 7:35 pm

Hi, you said you contacted HMRC?? Do you mean home office? What does HMRC have to do with this?

Eszter wrote:
Thu Apr 11, 2019 7:28 pm
I applied for UK citizenship on the 18th of February 2019. I submitted all of my documents including my residency card. On the 11th of April 2019 I received a letter stating that my application has been refused because I haven't provided my residency card. I did submit it and in fact it was sent back to me in the same envelope with all my other documents. It was on the very top of the pile. The accompanied letter included a list of documents which didn't include my residency card even though it was on the very top of the pile.

I believe that someone deliberately mishandled my case as it couldn't be more obvious that it was attached. I contacted the HMRC and they suggested me to appeal against the decision.

Although I took photos of the letter I received and the pile of documents I am affraid that if I appeal they will just simply say that it wasn't there because they deliberately left it off from the list as well.

I have an appointment in the Citizen Advice bureau in a few days but I am wondering if this has happened to anyone else and what the outcome was.

Obviously, I am furious and don't really know what else I can do.

Many thanks
E
I am not legally qualified, all my answers are from personal experience or readings. Please seek legal advice and don’t take my opinion as one.

Eszter
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Re: Deliberate mishandling of cases

Post by Eszter » Thu Apr 11, 2019 7:36 pm

Sorry, yes I meant home office. I am that angry I cannot even type now....

R-graphite
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Re: Deliberate mishandling of cases

Post by R-graphite » Thu Apr 11, 2019 7:40 pm

Yes I can imagine. All you can do is appeal and provide a thorough explanation of what happened. It is frustrating that they even returned it back to you.
Eszter wrote:
Thu Apr 11, 2019 7:36 pm
Sorry, yes I meant home office. I am that angry I cannot even type now....
I am not legally qualified, all my answers are from personal experience or readings. Please seek legal advice and don’t take my opinion as one.

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Re: Deliberate mishandling of cases

Post by CR001 » Thu Apr 11, 2019 7:53 pm

You cannot appeal for a refused citizenship application. You only have the option to apply (and pay almost £400) for a reconsideration, which can take months.

You say 'residency card'. What card do you hold exactly?? Is it a Document Certifying Permanent Residency or a Residency Card (they are different)??
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Deliberate mishandling of cases

Post by R-graphite » Thu Apr 11, 2019 7:58 pm

Sorry I meant reconsider not appeal :roll:
CR001 wrote:
Thu Apr 11, 2019 7:53 pm
You cannot appeal for a refused citizenship application. You only have the option to apply (and pay almost £400) for a reconsideration, which can take months.

You say 'residency card'. What card do you hold exactly?? Is it a Document Certifying Permanent Residency or a Residency Card (they are different)??
I am not legally qualified, all my answers are from personal experience or readings. Please seek legal advice and don’t take my opinion as one.

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Re: Deliberate mishandling of cases

Post by CR001 » Thu Apr 11, 2019 7:59 pm

Eszter wrote:
Thu Apr 11, 2019 7:36 pm
Sorry, yes I meant home office. I am that angry I cannot even type now....
What is the exact wording of the refusal letter??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Eszter
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Re: Deliberate mishandling of cases

Post by Eszter » Thu Apr 11, 2019 8:05 pm

CR001 wrote:
Thu Apr 11, 2019 7:53 pm
You cannot appeal for a refused citizenship application. You only have the option to apply (and pay almost £400) for a reconsideration, which can take months.

You say 'residency card'. What card do you hold exactly?? Is it a Document Certifying Permanent Residency or a Residency Card (they are different)??
I have a UK Residence documentation for a national of an EEA state. It is a dark blue card. I am from Hungary and this is the document I need for sure. My patner applied with the same card and it went through without any problems.

Eszter
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Re: Deliberate mishandling of cases

Post by Eszter » Thu Apr 11, 2019 8:08 pm

CR001 wrote:
Thu Apr 11, 2019 7:59 pm
Eszter wrote:
Thu Apr 11, 2019 7:36 pm
Sorry, yes I meant home office. I am that angry I cannot even type now....
What is the exact wording of the refusal letter??
This is the wording:

As you haven't provided a document certifying permanent residence or a permanent residence card issued by the Home Office, we cannot be satisfied that you were permanently resident in the United Kingdom on the date of your naturalisation and it hase been refused.

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Re: Deliberate mishandling of cases

Post by CR001 » Thu Apr 11, 2019 8:19 pm

Eszter wrote:
Thu Apr 11, 2019 8:05 pm
I have a UK Residence documentation for a national of an EEA state. It is a dark blue card. I am from Hungary and this is the document I need for sure. My patner applied with the same card and it went through without any problems.
What is the exact wording on your partners card?? When did your partner apply for citizenship? Presumably your partner is also an EU citizen??

A Residency card is unfortunately not sufficient. It is mandatory that it has to be a card that clearly says Document Certifying Permanent Residence. How long have you been in the UK exercising treaty rights?
Eszter wrote:
Thu Apr 11, 2019 8:08 pm
This is the wording:

As you haven't provided a document certifying permanent residence or a permanent residence card issued by the Home Office, we cannot be satisfied that you were permanently resident in the United Kingdom on the date of your naturalisation and it hase been refused.
If you only have a Residency card that does NOT state it is a document Certifying Permanent Residence, then the refusal is correct. The rules changed in November 2015 when it became mandatory to submit proof of Permanent Residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Eszter
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Re: Deliberate mishandling of cases

Post by Eszter » Thu Apr 11, 2019 8:26 pm

CR001 wrote:
Thu Apr 11, 2019 8:19 pm
Eszter wrote:
Thu Apr 11, 2019 8:05 pm
I have a UK Residence documentation for a national of an EEA state. It is a dark blue card. I am from Hungary and this is the document I need for sure. My patner applied with the same card and it went through without any problems.
What is the exact wording on your partners card?? When did your partner apply for citizenship? Presumably your partner is also an EU citizen??

A Residency card is unfortunately not sufficient. It is mandatory that it has to be a card that clearly says Document Certifying Permanent Residence. How long have you been in the UK exercising treaty rights?
Eszter wrote:
Thu Apr 11, 2019 8:08 pm
This is the wording:

As you haven't provided a document certifying permanent residence or a permanent residence card issued by the Home Office, we cannot be satisfied that you were permanently resident in the United Kingdom on the date of your naturalisation and it hase been refused.
If you only have a Residency card that does NOT state it is a document Certifying Permanent Residence, then the refusal is correct. The rules changed in November 2015 when it became mandatory to submit proof of Permanent Residence.
I have been living in the UK since 2004. My partner applied in September 2018. He is also from Hungary.

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Re: Deliberate mishandling of cases

Post by CR001 » Thu Apr 11, 2019 8:29 pm

If you don't have PR and a card saying PR, then a citizenship application will fail.

Which is why I asked what your partners card says, it might say it's PR and be a blue card.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Deliberate mishandling of cases

Post by secret.simon » Fri Apr 12, 2019 12:14 am

Also see this very similar case.

For EEA citizens, the Registration Certificate and the Document Certifying permanent Residence look identical, except for the field starting "Type of Document".

If the "Type of Document" states "Residence Certificate", then the refusal is correct.

You need to apply for a DCPR with proof of having worked or otherwise exercised treaty rights for five continuous years in the past, ending at least a year ago. You will then need to reapply for naturalization with the correct documentation,

On the other hand, if the "Type of Document" states "Document Certifying Permanent Residence", then the refusal is wrong and you can apply for
reconsideration right away.

EDIT: Found a picture online that explains it simply.
Image
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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