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The steep and winding road to citizenship...

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

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dormice
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Posts: 34
Joined: Sat Nov 05, 2011 9:09 am

The steep and winding road to citizenship...

Post by dormice » Mon Aug 13, 2012 9:11 pm

Hello all,

I first joined this forum when I was applying for my PR (a long and suffered process -the thread is in the EEA section but I'm not sure how to paste a link).

Anyway; I did get my PR in the end and proceeded to apply for naturalisation via the NCS route.

To summarise my previous history:
EEA citizen, married to British Citizen
In continuous employment since April 2009 (before then I was studying then being a 'housewife').
Obtained PR dated December 2011.

I applied for naturalisation with form AN in April 2012 on the basis os marriage to a British citizen. I provided the PR and 3 years' payslips/P60s to the NCS service upon application.

There was a glitch after I submitted the application (the payment didn't go through for reasons unknown), but that was then solved and I have paid the fee.

I am now not in the UK (holiday) and a couple of hours ago I talked to a relative who has checked my post and she has seen a letter for me from UKBA saying that I have until August 15th to submit extra documents or my application will be rejected.

The extra documents they need are 2 further years of payslips because, they say, I need to prove exercise of Treaty Rights for 5 years and I've only proved 3.

Now, what I understand on the matter (not least from the answers previously given to me on this very forum) is that the 5-year rule does not apply in my case as I'm applying on the basis of marriage to a Brit, so I only have to provide 3 years of 'proof' (on top of the PR, which should in itself be proof of 5 years).

The deadline is looming and I will miss it by a bit because they decided to write to me and give me a tight deadline just when I'm not around, but I intend to fight this since this process cos me a lot of money already and I've done everything right, by the book. It seems to me the caseworker who picked my file doesn't know what he/she is doing.

I should also add that when I went to the NCS the employee there questioned why I only had 3 years' payslips. I explained to him about marriage to a Brit and he said he wasn't convinced and he wanted to check with the HO. He went and made a phonecall and returned to say that I was right and that 3 years were indeed enough in my case.

I'd be grateful for any advice on how to proceed now.

I'd like to write to the UKBA and point out to some rule which spells the marriage to a Brit in a clear manner, but I cannot find it. This because all of the stuff I found on the internet seems to have a separate section for EEA nationals which is confusing because it seems to imply that the 3 year rule only applies to non-EEA. Can someone point me in the direction of something 'official' I can quote?

Also, is there an appeal process and how does it work?

Thank you, thank you thank you for any help you'll be able to give.

mcovet
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Posts: 494
Joined: Thu Mar 25, 2010 2:00 pm

Post by mcovet » Mon Aug 13, 2012 9:42 pm

Heya
Look up section 6(2) of the British Nationality Act 1981 and the schedule which explains that among the requirements is to be free from immigration control a the time of application. In Schedule 2 of the 2006 EEA Regulations it clearly states that a person with PR is free from immigration control for the purposes of the 1981 Act! So, u clearly qualify on the basis of docs provided. I am not near a computer and typing from my memory on the phone about the statutes etc but it is only necessary to provide 5 years' worth if u r applying without PR confirmation as it is not necessary to have PR in the first place and then it would be necessary to provide 5 years to make sure u qualify. Anyway, ask ur relative ro reply to their letter and point out that should they refuse u would be appealing as they r wrong in law.

dormice
Newbie
Posts: 34
Joined: Sat Nov 05, 2011 9:09 am

Post by dormice » Mon Aug 13, 2012 10:13 pm

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?

mcovet
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Posts: 494
Joined: Thu Mar 25, 2010 2:00 pm

Post by mcovet » Mon Aug 13, 2012 10:52 pm

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

http://www.legislation.gov.uk/ukpga/1981/61/schedule/1

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.

Good luck.

noble72uk
- thin ice -
Posts: 177
Joined: Mon Jun 15, 2009 10:11 am

PR

Post by noble72uk » Mon Aug 13, 2012 11:48 pm

as far as you held the PR that meant you had provided to the UKBA continious 5 years

just write back and explain that you are married to a BC covered by the law 3 years not 5 and that you have provided your partner Proof of BC + marriage ceriticate. and your Blue card.

The case worker who is dealing with your case need a fresh training i'm wondering if he's been hired from the G4S

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