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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
Don't confuse the immigration RULES for ILR and the LAWS for British Citizenship. What is acceptable as overstay for ILR is not for BC. The Good Character requirement for BC is far more strict.nahmadkhan wrote:Hi every one.This is my first post. I have been refused my BC application, needs some help.
I have been on tier 2 for 5 years. In 2013 when i applied for my tier 2 extension, it was refused as my employer put wrong wages on my COS. I received my refusal letter dated 09.09.2013 with 12 september 2013 as deemed date of service. I applied for a fresh tier 2 application and got my visa granted on 08.10.2013. Then susequently i got my ILR approved in october 2015 as well,
Now in my BC application they objected that "i have breached my immigration status as from 14/08/2013 when application for leave was refused to 8/10/2013 when i was granted my leave again."
Looks like they just checked my record and as my first tier 2 visa was valid untill 14.08.2013 and i made my extension application well in time and got the decision on 9.09.2013 and subsequently granted the visa in my second application made before the 28 days period. I am not sure how i had tier 2 extension and then ILR granted and got my BC refused.
any help suggestion please and if i go for NR what are the chances of success and should i do it myself or use a solicitor. many thanks
Hi ffion, thanks for your reply.ffion wrote:Registration Certificate (RC) and document certifying permanent residence (DCPR) are two different documents - which one did you submit with your application? You need DCPR for the British Citizenship application.
NCS have nothing to do with the citizenship fee, it is purely an HO fee and the fee is NOT refunded if your application is unsuccessful. You will only get £80 back, which is the ceremony fee.StachuCoventry wrote:Hi ffion, thanks for your reply.ffion wrote:Registration Certificate (RC) and document certifying permanent residence (DCPR) are two different documents - which one did you submit with your application? You need DCPR for the British Citizenship application.
I submitted RC instead of DCPR. You are right, I was researching this further on the Internet and Citizens Advice Bureau turns out I applied for RC thinking that i'm applying for DCPR before submitting Citizenship application.
If I would sent my Citizenship all by myself to home office then fair enough - I am the only one to blame but I sent it using NCS and correct me if I'm wrong but I strongly believe that they should have picked up on this missing DCPR and not allowt me to send my Citizenship application to HO.
Have I got any chance to claim my Citizenship application fee from NCS as they failed to provide their services correctly? Their "what happens next" leaflet states that if the application will be unsuccessful due to lack of necessary documents then they will refund the appointment fee but there's nothing about the AN citizenship fee. Has anyone had the same scenario?
A Residence Card or a Document Certifying Permanent Residence - there is a difference.louisbrighton wrote:My application has been refused, I am so gutted... I have spent almost 2k getting everything done.. I can't believe it. It says: 'One of the requirements is that an applicant must be free from any time limit on their stay in the UK for the whole of the 12 months before their application / Your application was received on 26-10-2016 and you have been permanently resident in the UK 18-01-2016 and so have not been permantly resident for the whole of the 12 months before your application'.
I am Italian, got here in the UK in 2006 / I have provided all documents P65 etc.. / I have my own business since 2011 / Registred at Companies House etc.. So, I have a lot of documents to prove I am here for over a decade (I have attached this to my application) / My Resident Card got issued last year (18-01-2016); Before apply for it, I wan't sure if I should wait for the 12 months (from the date I have obtain the RC), so I decided to pay the NCS to double check, and I have asked them if I should wait or not, they said it would be fine as I could prove I was in the UK since 2007, she also said that was a common question, and it should be fine...
So, after getting the letter today, I have phone the NCS (also have read this topic 32 pages of it), the lady from the NCS told me the HO is wrong, I should apeel is what I gonna do.
Is anybody else have been in similar situation? What's the outcome? Any tips or guidance on where to go from here?
Thank you
louisbrighton wrote:My application has been refused, I am so gutted... I have spent almost 2k getting everything done.. I can't believe it. It says: 'One of the requirements is that an applicant must be free from any time limit on their stay in the UK for the whole of the 12 months before their application / Your application was received on 26-10-2016 and you have been permanently resident in the UK 18-01-2016 and so have not been permantly resident for the whole of the 12 months before your application'.
I am Italian, got here in the UK in 2006 / I have provided all documents P65 etc.. / I have my own business since 2011 / Registred at Companies House etc.. So, I have a lot of documents to prove I am here for over a decade (I have attached this to my application) / My Resident Card got issued last year (18-01-2016); Before apply for it, I wan't sure if I should wait for the 12 months (from the date I have obtain the RC), so I decided to pay the NCS to double check, and I have asked them if I should wait or not, they said it would be fine as I could prove I was in the UK since 2007, she also said that was a common question, and it should be fine...
So, after getting the letter today, I have phone the NCS (also have read this topic 32 pages of it), the lady from the NCS told me the HO is wrong, I should apeel is what I gonna do.
Is anybody else have been in similar situation? What's the outcome? Any tips or guidance on where to go from here?
Thank you
When you say EEA Card, what exactly do you mean (residence card, identity card or DCPR = Document Certifying Permanent Residency)??Danjaggy69 wrote:Good evening, first post and would appreciate some feedback / advise.
I am French, been in the UK for 29 years, single, professional, never been unemployed.
I applied for BC in October 2016 by myself; sent all the required docs, papers, fees. All originals were returned to me in October 2016 with a letter from the HO listing in details all the papers they were sending back to me, fingerprints a few weeks later, all was going well.
In January 2017, I received the horrible letter informing me that my application has been rejected for not providing /sending my EEA card with my application in October. I was shocked. The letter from the HO in October 2016 did list clearly that they had my EEA card and even recorded the number on the letter when they sent it back to me. Therefore, full proof and evidence that they had it and seen it.
I appealed in January 2017, paid the fee of 172 pounds. A few days letter, I received the ceremony refund of 80 pounds. The appeal charge was debited from my account in January.
To date, nothing else happened, no news, no letters. I called again today and a very rude and abrupt lady would not even tell me if my application was still live or completely dead. She was not interested in my reference number and kept saying I need to wait, it may take a long time even years for the appeal...
Is that right? what is the time delay normally for an appeal decision? it is obviously a pure and simple admin error claiming that they did not have my EEA, it can happen, however, i am left in the dark, waiting and not knowing. And as everyone know, it is impossible to talk to them.
Should i wait or take legal action now? thank you for your advice.
CR001 wrote:When you say EEA Card, what exactly do you mean (residence card, identity card or DCPR = Document Certifying Permanent Residency)??Danjaggy69 wrote:Good evening, first post and would appreciate some feedback / advise.
I am French, been in the UK for 29 years, single, professional, never been unemployed.
I applied for BC in October 2016 by myself; sent all the required docs, papers, fees. All originals were returned to me in October 2016 with a letter from the HO listing in details all the papers they were sending back to me, fingerprints a few weeks later, all was going well.
In January 2017, I received the horrible letter informing me that my application has been rejected for not providing /sending my EEA card with my application in October. I was shocked. The letter from the HO in October 2016 did list clearly that they had my EEA card and even recorded the number on the letter when they sent it back to me. Therefore, full proof and evidence that they had it and seen it.
I appealed in January 2017, paid the fee of 172 pounds. A few days letter, I received the ceremony refund of 80 pounds. The appeal charge was debited from my account in January.
To date, nothing else happened, no news, no letters. I called again today and a very rude and abrupt lady would not even tell me if my application was still live or completely dead. She was not interested in my reference number and kept saying I need to wait, it may take a long time even years for the appeal...
Is that right? what is the time delay normally for an appeal decision? it is obviously a pure and simple admin error claiming that they did not have my EEA, it can happen, however, i am left in the dark, waiting and not knowing. And as everyone know, it is impossible to talk to them.
Should i wait or take legal action now? thank you for your advice.
For citizenship applications after 12th November 2015, an EU citizen MUST submit a DCPR - Document Certifying Permanent Residence. Does your card state these words exactly?Danjaggy69 wrote:What I mean by the EEA card, is the blue card, called “Uk residence documentation for a national of an EEA state”. I applied for that card in 2016 and got it a few months later, (since after 28 years i never needed one) and this is what i sent to the HO with my full application since it met the requirements (I believe so) from what was required on the application. Am i wrong? was something needed? if so, what exactly?
thank you!
CR001 wrote:For citizenship applications after 12th November 2015, an EU citizen MUST submit a DCPR - Document Certifying Permanent Residence. Does your card state these words exactly?Danjaggy69 wrote:What I mean by the EEA card, is the blue card, called “Uk residence documentation for a national of an EEA state”. I applied for that card in 2016 and got it a few months later, (since after 28 years i never needed one) and this is what i sent to the HO with my full application since it met the requirements (I believe so) from what was required on the application. Am i wrong? was something needed? if so, what exactly?
thank you!
Do you not have ILR (Indefinite Leave to Remain) stamped in one of your older passports if you have been here for so long?
There is no 'Appeal' for refused citizenship. What you have asked for is a 'reconsideration' which is also likely to fail as the DCPR is mandatory. You will need to apply for this DCPR and then reapply for citizenship. Everything else you have sent is fine to send again, you only need the DCRP.Danjaggy69 wrote:thank you for the quick reply. I applied in October 2016...I just looked at the card (copy since they still have the original) and it does not mention this...now i am starting to understand...damm...
and I have a few old passport after such a long time here and none of them have such a stamp since it has never been needed or a requirement....
Therefore, starting to see now that despite having been here so long and not having the mention on my UK Residence Document Card that I have been here so long or the mention of Permanent Residence, this is why I was rejected?
What are my chances then for the appeal to go through? or should I start a brand new application using the council services and making sure I have that stamp / mention now? If I re-apply now, can I send all the same certificates, Life in the UK, etc ? I do not want to start all again.... thank you so much.
Thank you, it all makes sense, I am really angry with myself and looking at the HO site for EEA national, there are 2 kind of mention on the “blue card” and I see where i went wrong...quite confusing I must admit, and that card was is issued for EEA nationals after having been here 5 years...a bit unfair i guess however, administrations and rules are rules. thank you for your great knowledge and clarity.CR001 wrote:There is no 'Appeal' for refused citizenship. What you have asked for is a 'reconsideration' which is also likely to fail as the DCPR is mandatory. You will need to apply for this DCPR and then reapply for citizenship. Everything else you have sent is fine to send again, you only need the DCRP.Danjaggy69 wrote:thank you for the quick reply. I applied in October 2016...I just looked at the card (copy since they still have the original) and it does not mention this...now i am starting to understand...damm...
and I have a few old passport after such a long time here and none of them have such a stamp since it has never been needed or a requirement....
Therefore, starting to see now that despite having been here so long and not having the mention on my UK Residence Document Card that I have been here so long or the mention of Permanent Residence, this is why I was rejected?
What are my chances then for the appeal to go through? or should I start a brand new application using the council services and making sure I have that stamp / mention now? If I re-apply now, can I send all the same certificates, Life in the UK, etc ? I do not want to start all again.... thank you so much.
The reason I asked about ILR in an old passport, possibly the first one you arrived on, is that the rules were slightly different way back then and a lot of EU citizens were stamped with ILR, which is the same as DCPR.
I will ask user secret.simon to have a look at your post and how long you have been here, he might be able to advise better.
Have messaged secret.simon to have a look at your post so hopefully when he is online, he will offered some valuable advice too.Danjaggy69 wrote:Thank you, it all makes sense, I am really angry with myself and looking at the HO site for EEA national, there are 2 kind of mention on the “blue card” and I see where i went wrong...quite confusing I must admit, and that card was is issued for EEA nationals after having been here 5 years...a bit unfair i guess however, administrations and rules are rules. thank you for your great knowledge and clarity.
secret.simon wrote:CR001's advice is spot-on.
Your first port of call should be your old passports to see if there is an ILR stamp or vignette in them. If you do have such a stamp, you may be home scot-free and the discussion below should not affect you (unless you have been away from the UK for two years).
From your description, you submitted a Residence Certificate, the outcome of an EEA(QP) application. That card certifies that you were an EEA citizen exercising treaty rights as of the date of the application.
What you need for naturalisation is a DCPR, a Document Certifying Permament Residence. To get that, you need to submit an EEA(PR) form, along with proof of five continuous years of working (in your case). The oldest five years that you can prove would be the best.
Here is an image I found online that may help.
If you notice, in the vignette on the right of the image, you will notice the words "Registration Certificate". If that is the kind of document that you submitted, it was the wrong document and the naturalisation application must fail.
However, if you had an identical blue card, but with the words "Document Certifying Permanent Residence", then the Home Office has made a mistake, not you and you should get naturalisation.
This is what the vignette on a blue card for a DCPR would look like.
So, if you look at the blue card that you have, what does the vignette look like? The first example or the second example?
Slightly off-topic; Santa Claus/Saint Nicholas would likely have been issued a DCPR through Mrs Claus, whos is likely an EEA (Norwegian??) citizen. St. Nick of course has a Canadian postal address - Santa Claus, North Pole, Canada, H0H 0H0 (it is an actual postal address).