Londoner11 wrote: ↑Wed Feb 07, 2018 2:07 pm
Hello!
I just got rejected my citizenship application and I am not sure why. I applied November 27, 17. I applied under section 6(1) based on residency.
The decision letter states "As you were subject to a time limit on your stay in the United Kingdom until 6th April 2018, you do not meet the requirement to have been free from any time restrictions on your stay for the whole of the twelve months prior to your application."
My PR documentation was issued on Sept 5, 2017 and the corresponding letter of the HO states "the date on you which are deemed to have acquired permanent residence in the UK is: 06 April 2016."
I am wondering where the date "6th April 2018" comes from on the rejection letter. What residency requirements could I have not satisfied?
Many thanks!
Hmmmm.... this look like a mistake by the person that reviewed your case. They should use the date you "acquired permanent residency" and NOT the date you received the physical document confirming it.
If that is the reason, you should immediately challenge the refusal.
Before you do so, make sure you didn't breach any of the other residency requirements. For example "absence from UK" (been away too many days) in the past 12 months as PR holder.
If that is not the case, then there are two possible reasons:
1) Genuine mistake by the case worker (misread/miscalculated the dates)
2) Home Office is using all possible opportunities to get rid of us (EU) as part of the Brexit ........
And to give you a proof to use against them, look at this official response from Home Office on that subject:
https://www.whatdotheyknow.com/request/ ... us_over_12
Specifically the following paragraph:
>>>A person acquires permanent residence following 5 years’ residence in accordance with the EEA Regulations, not on the date they obtain a residence card. We would therefore encourage a person who has been resident in the UK for some time to send evidence that they were resident in the UK for a 5 year period ending at least 12 months before they want to apply for citizenship, so that they can meet the relevant requirement. This will mean that they can then immediately apply for citizenship. The date that they were deemed to have acquired permanent residence will be recorded on UKVI’s database and so will be clear to the nationality caseworker. We have amended our customer guidance to try and make this easier to understand for potential applicants.<<<
Both EU and HO documents are quite clear on that topic.
Btw, my wife and myself are in exactly the same situation like you. Both of use applied immediately after getting the physical document without waiting 12 months. She already got approval letter 2 months ago, I am waiting for my decision to arrive in the coming days/weeks.
Unless we see a huge amount of people rejected for that (which will point to #2 above) then it is probably just a mistake by your case worker.
