dormice wrote:Thank you for the reply.
I suppose I am in shock due to how difficult the process had been so far (hassle with CSI during PR application, then the failed payment of the fee due surely to a mistake on their part, now this letter at the least opportune moment).
I will ask my relative to reply and I'm penning a letter which I'll mail her asap. The point is I don't know how "heavy" I should be in the letter.
I mean, I know the law is on my side but my trust in the system right now is so low that I'm not sure this will do. Should I really threaten them with the word 'appeal', or would that not just piss them off so they won't play ball?
Hi, here is the relevant legislation.
Requirements for naturalisation under 6(2) of the 1981 Act
See Schedule 1, paragraph 3 listing requirements, in particular sub-paragraph (c) which says:
"that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom"
Then you look at the Immigration (EEA) Regulations 2006, Schedule 2, paragraph 2(1) for effect on other legislation
http://www.legislation.gov.uk/uksi/2006 ... ule/2/made
It clearly says that you, a person with PR satisfy that requirement of being free from immigration time restrictions.
"2.—(1) For the purposes of the 1971 Act and the British Nationality Act 1981(2), a person who has a permanent right of residence under regulation 15 shall be regarded as a person who is in the United Kingdom without being subject under the immigration laws to any restriction on the period for which he may remain.
Now, it is simply a matter of proof, right? So, it is up to you to prove you were free from immigration time restrictions on the date you applied, which you did by providing the PR card! On what grounds will they refuse if you proved that you satisfy ALL the requirements in the British Nationality Act 1981? Simply draft a letter based on the info here and state that they are making a mistake in law and that after you have pointed it out to them and if they still proceed to make a decision despite this fact, you will be seeking legal advice. Although, I do not know how you can sue them as they are exercising they prerogative powers and it would be by way of judicial review, I think.
Anyway, you will ultimately get it, with or without an appeal.