Unsuccessful applications

demiane · Post by **demiane** » Thu Jun 14, 2018 2:00 pm

TeamAc4 wrote: ↑
Fri May 26, 2017 11:07 pm
1. An EEA(PR) holder can previously have "overstayed" if they were not an EEA national at the time, they had leave to remain, and they remained in the country once that leave expired. So the answer is: yes. UKVI will take into account the previous 10 years, so will look beyond the qualifying residence period now.

2. The qualifying period is always five years (unless you are married to a British citizen) under s.6(1) BNA and Schedule 1. Only this period will be taken into account by UKVI. Under some circumstances, it is possible for an EEA national to obtain PR after two or three years, but the majority it takes five years, at which point you become free from immigration time restrictions. You must hold that status for a minimum of twelve months.

3. Although the published Nationality Instructions quoted above have not been updated, UKVI will now generally regard residence of an EEA national in the UK without exercising Treaty rights as unlawful and going against the good character requirement. This includes prior overstayers, or people who have not had comprehensive sickness insurance as a student or self-sufficient person, for example. UKVI will look at the preceding ten year period in deciding whether there were immigration breaches. See the EEA Caseworker Guidance at https://www.gov.uk/government/publicati ... ent-rights pp. 34 et seq.

4. An immigration breach in the ten year period is not in and of itself conclusive that an application should be refused. The caseworker must consider whether the breach goes to good character, although the rather strict application of the comprehensive sickness insurance requirement suggests that the default position will be that a breach will bar naturalisation within those ten years.

Does anyone know if point 3 above is actually true and if HO rejects applications on this basis? I read that Guidance document but I found the information there confusing. I wasn't able to find an example in this forum of an unsuccessful application of an EU national due to "overstaying" (for example being a student without CSI). A few people have asked the same question in other posts but they didn't receive a reply. This approach from HO seems very serious and maybe unlawful under EU law?

muraenidae · Post by **muraenidae** » Thu Jun 14, 2018 3:23 pm

demiane wrote: ↑
Thu Jun 14, 2018 2:00 pm

TeamAc4 wrote: ↑
Fri May 26, 2017 11:07 pm
1. An EEA(PR) holder can previously have "overstayed" if they were not an EEA national at the time, they had leave to remain, and they remained in the country once that leave expired. So the answer is: yes. UKVI will take into account the previous 10 years, so will look beyond the qualifying residence period now.

2. The qualifying period is always five years (unless you are married to a British citizen) under s.6(1) BNA and Schedule 1. Only this period will be taken into account by UKVI. Under some circumstances, it is possible for an EEA national to obtain PR after two or three years, but the majority it takes five years, at which point you become free from immigration time restrictions. You must hold that status for a minimum of twelve months.

3. Although the published Nationality Instructions quoted above have not been updated, UKVI will now generally regard residence of an EEA national in the UK without exercising Treaty rights as unlawful and going against the good character requirement. This includes prior overstayers, or people who have not had comprehensive sickness insurance as a student or self-sufficient person, for example. UKVI will look at the preceding ten year period in deciding whether there were immigration breaches. See the EEA Caseworker Guidance at https://www.gov.uk/government/publicati ... ent-rights pp. 34 et seq.

4. An immigration breach in the ten year period is not in and of itself conclusive that an application should be refused. The caseworker must consider whether the breach goes to good character, although the rather strict application of the comprehensive sickness insurance requirement suggests that the default position will be that a breach will bar naturalisation within those ten years.
Does anyone know if point 3 above is actually true and if HO rejects applications on this basis? I read that Guidance document but I found the information there confusing. I wasn't able to find an example in this forum of an unsuccessful application of an EU national due to "overstaying" (for example being a student without CSI). A few people have asked the same question in other posts but they didn't receive a reply. This approach from HO seems very serious and maybe unlawful under EU law?

Indeed! I have asked about this in the forums before but did not get any definite answers.

Are there any known cases where a naturalisation application got rejected for an EU national because they were in the UK in the past 10 years without exercising treaty rights? For example, if they were students without CSI in the past, or self sufficient without CSI?

nidaulhaque · Post by **nidaulhaque** » Thu Jun 14, 2018 5:10 pm

It's really depends if EEA national had premenant residence card then they should not be get refused

But of they don't have PR then off course they will not qualify for PR and BC will also effect

Post by **CR001** » Thu Jun 14, 2018 5:12 pm

demiane wrote: ↑
Thu Jun 14, 2018 2:00 pm

TeamAc4 wrote: ↑
Fri May 26, 2017 11:07 pm
1. An EEA(PR) holder can previously have "overstayed" if they were not an EEA national at the time, they had leave to remain, and they remained in the country once that leave expired. So the answer is: yes. UKVI will take into account the previous 10 years, so will look beyond the qualifying residence period now.

2. The qualifying period is always five years (unless you are married to a British citizen) under s.6(1) BNA and Schedule 1. Only this period will be taken into account by UKVI. Under some circumstances, it is possible for an EEA national to obtain PR after two or three years, but the majority it takes five years, at which point you become free from immigration time restrictions. You must hold that status for a minimum of twelve months.

3. Although the published Nationality Instructions quoted above have not been updated, UKVI will now generally regard residence of an EEA national in the UK without exercising Treaty rights as unlawful and going against the good character requirement. This includes prior overstayers, or people who have not had comprehensive sickness insurance as a student or self-sufficient person, for example. UKVI will look at the preceding ten year period in deciding whether there were immigration breaches. See the EEA Caseworker Guidance at https://www.gov.uk/government/publicati ... ent-rights pp. 34 et seq.

4. An immigration breach in the ten year period is not in and of itself conclusive that an application should be refused. The caseworker must consider whether the breach goes to good character, although the rather strict application of the comprehensive sickness insurance requirement suggests that the default position will be that a breach will bar naturalisation within those ten years.
Does anyone know if point 3 above is actually true and if HO rejects applications on this basis? I read that Guidance document but I found the information there confusing. I wasn't able to find an example in this forum of an unsuccessful application of an EU national due to "overstaying" (for example being a student without CSI). A few people have asked the same question in other posts but they didn't receive a reply. This approach from HO seems very serious and maybe unlawful under EU law?

Note that British citizenship laws are completely separate and independent of 'EU Law'. The EU rules and regulations do not apply to applications for British Citizenship.

muraenidae · Post by **muraenidae** » Fri Jun 15, 2018 3:24 pm

CR001 wrote: ↑
Thu Jun 14, 2018 5:12 pm

demiane wrote: ↑
Thu Jun 14, 2018 2:00 pm

TeamAc4 wrote: ↑
Fri May 26, 2017 11:07 pm
1. An EEA(PR) holder can previously have "overstayed" if they were not an EEA national at the time, they had leave to remain, and they remained in the country once that leave expired. So the answer is: yes. UKVI will take into account the previous 10 years, so will look beyond the qualifying residence period now.

2. The qualifying period is always five years (unless you are married to a British citizen) under s.6(1) BNA and Schedule 1. Only this period will be taken into account by UKVI. Under some circumstances, it is possible for an EEA national to obtain PR after two or three years, but the majority it takes five years, at which point you become free from immigration time restrictions. You must hold that status for a minimum of twelve months.

3. Although the published Nationality Instructions quoted above have not been updated, UKVI will now generally regard residence of an EEA national in the UK without exercising Treaty rights as unlawful and going against the good character requirement. This includes prior overstayers, or people who have not had comprehensive sickness insurance as a student or self-sufficient person, for example. UKVI will look at the preceding ten year period in deciding whether there were immigration breaches. See the EEA Caseworker Guidance at https://www.gov.uk/government/publicati ... ent-rights pp. 34 et seq.

4. An immigration breach in the ten year period is not in and of itself conclusive that an application should be refused. The caseworker must consider whether the breach goes to good character, although the rather strict application of the comprehensive sickness insurance requirement suggests that the default position will be that a breach will bar naturalisation within those ten years.
Does anyone know if point 3 above is actually true and if HO rejects applications on this basis? I read that Guidance document but I found the information there confusing. I wasn't able to find an example in this forum of an unsuccessful application of an EU national due to "overstaying" (for example being a student without CSI). A few people have asked the same question in other posts but they didn't receive a reply. This approach from HO seems very serious and maybe unlawful under EU law?
Note that British citizenship laws are completely separate and independent of 'EU Law'. The EU rules and regulations do not apply to applications for British Citizenship.

Of course EU law may affect applications for British Citizenship. The good character requirements include not having been in the country illegally in the last 10 years. In the document above, on page 27, some cases are described where an EU national would be in the UK "in breach of the Nationality, Immigration
and Asylum Act 2002" - this happens if they are in the UK when not exercising their EU treaty rights since 2002.

Whether this is actually enforced in the good character test of citizenship applications of EU nationals is a different question. (And I'd love to know.)

muraenidae · Post by **muraenidae** » Fri Jun 15, 2018 3:29 pm

Just re-read your post. If you just mean EU law does not apply to how the British government gives out its citizenship (so their approach would not be "illegal under EU law") - yes, you're probably right.

Ebosiam · Post by **Ebosiam** » Thu Jun 28, 2018 1:30 pm

Hello everyone

Today I have just reicved the good news from the HO about my reconsideration for citizenship my app is been succafull and I’m citizen now after long stressful bettel with HO Allhamad allah I’m off the HO office is hook for good.
I wish everyone the best of luck and big thank you to everyone on this furom for all the help and support.

bilalburri · Post by **bilalburri** » Tue Jul 10, 2018 11:34 am

We made joint naturalisation application including me,my wife and two children based on 5years plus one on ILR.All are granted naturalisation except my wife based on good character requirement due to following.

"Basically we move house back in 2015 and did not update address on car registration paper that was on my wife name although we updated our driving licence thinking that's the only thing we need to do.In early 2017 at one point we forget to pay road tax well on time and so vehicle was clamped but was release within few hours after we pay every thing.later on DVLA send some 80 pounds fine for delay in paying tax but that letter were keep going on our previous address.because of non response DVLA refer the case to court.we had no idea about this until we receive a letter from MARSTON group that a court order(warrant of control) has been issued against my wife to pay 688 pounds fine to pay for "possession of vehicle without licence"--we were absolutely shocked.any how pay the whole fine."

We mention all above in our application for naturalisation with explaination that we were unaware about this fine until were found out by MARSTON but Home office wrote that is not enough ground to be accepted and that becomes the bases for my wife refusal.Do you think we have any legal chance to first make an appeal in court against the original fine and secondly to ask for reconsideration?

nidaulhaque · Post by **nidaulhaque** » Tue Jul 10, 2018 1:32 pm

You need to wait 3 years from court date

Nothing can be done now

Did you mentioned that court case in your application?

When did you made application and when did you get refusal letter?

Hassan0091 · Post by **Hassan0091** » Tue Jul 10, 2018 1:38 pm

bilalburri wrote: ↑
Tue Jul 10, 2018 11:34 am
We made joint naturalisation application including me,my wife and two children based on 5years plus one on ILR.All are granted naturalisation except my wife based on good character requirement due to following.

"Basically we move house back in 2015 and did not update address on car registration paper that was on my wife name although we updated our driving licence thinking that's the only thing we need to do.In early 2017 at one point we forget to pay road tax well on time and so vehicle was clamped but was release within few hours after we pay every thing.later on DVLA send some 80 pounds fine for delay in paying tax but that letter were keep going on our previous address.because of non response DVLA refer the case to court.we had no idea about this until we receive a letter from MARSTON group that a court order(warrant of control) has been issued against my wife to pay 688 pounds fine to pay for "possession of vehicle without licence"--we were absolutely shocked.any how pay the whole fine."

We mention all above in our application for naturalisation with explaination that we were unaware about this fine until were found out by MARSTON but Home office wrote that is not enough ground to be accepted and that becomes the bases for my wife refusal.Do you think we have any legal chance to first make an appeal in court against the original fine and secondly to ask for reconsideration?

Yes i think its a honest mistake....u should apply for reconsideration

bilalburri · Post by **bilalburri** » Tue Jul 10, 2018 3:11 pm

thanks

stef01 · Post by **stef01** » Thu Jul 19, 2018 3:16 pm

Dear All, I have been REFUSED the application for British citizenship (and so the passport)
I am italian national, been living in UK for about 125 years. I am super qualified (architecture / master) studied here architecture, worked as an architect in one of the most important and prominent architectural practices in the UK and in the world where I am now in a senior position. I own a house in UK. I earn decent. I have all sorts of insurances. Never committed any crime and I am of course a massive benefit for this country (i am not expecting any validification with my citizenship application, all it is, a waste of time beurocratic step because of the referendum, who has put in jeopardy the security of UK citizens.) This is my home.
All of the above are just opinions. Everybody is entitled to one. What matter is to TICK THE BOXES. nothing more nothing less. nothing to do with being 'british'. So. I have been refused because this box wasn't ticked : i have a Registration Certification of Permanent Residency, but NOT a Permanent Residency Card. You may know that to apply for citizenship, you HAVE to have the PErmanent Residence Card. Which is what I applied for but when I did, in return I received the Registration of Certificate... NOT the Permanent Card... I did not notice because the cards are IDENTICAL. what changed is under the title : Type of Document (google it). I had no idea this difference existed and of course the Home Office did NOT tell me precisely what I had receved after my application. The Local Town Hall told me that I followed the wrong link. That is incorrect : I think the reason being thaqt I did not [provide ENOUGH papers information for the past 10 years in order for the Home Office to issue me a Permanent CArd, but I submitted ENOUGh info to get a Registration Of Certificate, which is what most EU citizens can get in the first 12 months of living in Uk. So Be aware to be precise and check that you have the right Permanent Card!
They will NOT refund me the atronomical legal bribery (sorry, the fee) but I can ask for re-assessment for a modest fee of370£ (there is irony here!) which I tink I will do otherwise I will loose all the money spent so far. Even though,k there is a chance that I spent this extra 370£ and STILL they have the power to refuse my application.... it is a nightmare to be honest. Truly disgusting situation to be in. Good Luck!

MrsT · Post by **MrsT** » Thu Jul 19, 2018 3:45 pm

stef01 wrote: ↑
Thu Jul 19, 2018 3:16 pm
Dear All, I have been REFUSED the application for British citizenship (and so the passport)
I am italian national, been living in UK for about 125 years. I am super qualified (architecture / master) studied here architecture, worked as an architect in one of the most important and prominent architectural practices in the UK and in the world where I am now in a senior position. I own a house in UK. I earn decent. I have all sorts of insurances. Never committed any crime and I am of course a massive benefit for this country (i am not expecting any validification with my citizenship application, all it is, a waste of time beurocratic step because of the referendum, who has put in jeopardy the security of UK citizens.) This is my home.
All of the above are just opinions. Everybody is entitled to one. What matter is to TICK THE BOXES. nothing more nothing less. nothing to do with being 'british'. So. I have been refused because this box wasn't ticked : i have a Registration Certification of Permanent Residency, but NOT a Permanent Residency Card. You may know that to apply for citizenship, you HAVE to have the PErmanent Residence Card. Which is what I applied for but when I did, in return I received the Registration of Certificate... NOT the Permanent Card... I did not notice because the cards are IDENTICAL. what changed is under the title : Type of Document (google it). I had no idea this difference existed and of course the Home Office did NOT tell me precisely what I had receved after my application. The Local Town Hall told me that I followed the wrong link. That is incorrect : I think the reason being thaqt I did not [provide ENOUGH papers information for the past 10 years in order for the Home Office to issue me a Permanent CArd, but I submitted ENOUGh info to get a Registration Of Certificate, which is what most EU citizens can get in the first 12 months of living in Uk. So Be aware to be precise and check that you have the right Permanent Card!
They will NOT refund me the atronomical legal bribery (sorry, the fee) but I can ask for re-assessment for a modest fee of370£ (there is irony here!) which I tink I will do otherwise I will loose all the money spent so far. Even though,k there is a chance that I spent this extra 370£ and STILL they have the power to refuse my application.... it is a nightmare to be honest. Truly disgusting situation to be in. Good Luck!

I am sorry to hear this Stef and while I fully understand that you are angry, I am afraid there is really nobody to blame as the facts were a given. I applied 2 years ago and it was old news then. Anyway, good luck in case you try again!

Post by **secret.simon** » Thu Jul 19, 2018 3:48 pm

stef01 wrote: ↑
Thu Jul 19, 2018 3:16 pm
They will NOT refund me the atronomical legal bribery (sorry, the fee) but I can ask for re-assessment for a modest fee of370£ (there is irony here!) which I tink I will do otherwise I will loose all the money spent so far. Even though,k there is a chance that I spent this extra 370£ and STILL they have the power to refuse my application.... it is a nightmare to be honest. Truly disgusting situation to be in. Good Luck!

Just so that you are aware, after getting your PR Card, you will need to reapply for naturalisation ab initio. A reconsideration will only reconsider the evidence that you had submitted at the time of your initial application. If you had not submitted a DCPR, the refusal is correct and you will also lose the reconsideration fee.

So, do not apply for reconsideration. Get the DCPR and then reapply for naturalisation.

Also see this similar thread and an older post in this thread.

bilalburri · Post by **bilalburri** » Fri Jul 20, 2018 1:48 pm

nidaulhaque wrote: ↑
Tue Jul 10, 2018 1:32 pm
You need to wait 3 years from court date

Nothing can be done now

Did you mentioned that court case in your application?

When did you made application and when did you get refusal letter?

Yes we did mention in the application. We made application on 18th April and got outcome on 12th June(two months).our point was that basically reason it went to court was not intentional non payment but because we were not responding due to not being on that address any longer.

nadworks · Post by **nadworks** » Sat Jul 28, 2018 7:04 pm

OMG, this exact thing happened to me (pls. read below the quote)...

stef01 wrote: ↑
Thu Jul 19, 2018 3:16 pm
... . What matter is to TICK THE BOXES. nothing more nothing less. nothing to do with being 'british'. So. I have been refused because this box wasn't ticked : i have a Registration Certification of Permanent Residency, but NOT a Permanent Residency Card. You may know that to apply for citizenship, you HAVE to have the PErmanent Residence Card. Which is what I applied for but when I did, in return I received the Registration of Certificate... NOT the Permanent Card... I did not notice because the cards are IDENTICAL. what changed is under the title : Type of Document (google it). I had no idea this difference existed and of course the Home Office did NOT tell me precisely what I had receved after my application. The Local Town Hall told me that I followed the wrong link. ...

I have been living in the UK for over 21 years, was continuously employed and paid tax and NI contributions. When I started the naturalisation process in December 2016, I realised on the gov.uk website, that I needed a residency card and be in possession of it for a min. 12 months ahead of applying for citizenship. I followed the (what I thought to be) the correct links to get the required residency card and applied. I received the card 5 weeks later and waited for a year.

When I finally applied for citizenship this June and made the non-refundable up-front payment of £1,300, my time calculation was that I'd be fine to be accepted for dual citizenship ahead of Brexit, since Germany (my home country) only allows dual citizenship between two EU countries. I used the Nationality Document Return Service of Haringey Council, who pointed out that they only(!!!) photocopy my originals so I could keep them. They would NOT check the documents. I was basically served by a professional photocopier.

Oh boy, am I kicking myself. Because I ended up applying with an EEA(QP) instead of an EEA(PR) and was refused. £1,300 withheld. The easiest money the HO have ever made. It must have taken them all of 2mins until their system spat out the default rejection letter.

I am convinced it was - same as in your case, Stef - a chicken-up on the gov.uk website, that linked to the wrong document application from within the naturalisation process. This has since been rectified on the site (together with a few other glitches). So how can we ever prove that we were misled and should get a refund? I am an experienced internet user and UX expert (by profession). This is not a mistake I would usually make.

A110UK · Post by **A110UK** » Tue Aug 07, 2018 6:21 pm

Dear all,
My application for BC got rejected last October (9 month ago). I was not planning to send the reconsideration form, until recently similar cases as mine was approved through reconsideration. Now I am thinking to apply for reconsideration, but not sure if I can in terms of the time gap between the refusal time and reconsideration? Do you know if there is a time limit for sending the reconsideration form? Now after 9 month of refusal, do you think the HO accept my reconsideration? Thanks!

nadworks · Post by **nadworks** » Sat Aug 11, 2018 5:10 pm

What reason was give for your rejection, @A110UK?

Post by **CR001** » Sat Aug 11, 2018 5:11 pm

nadworks wrote: ↑
Sat Aug 11, 2018 5:10 pm
What reason was give for your rejection, @A110UK?

Already posted in this topic.

A110UK wrote: ↑
Wed Nov 22, 2017 1:36 pm
Please can someone advise on this?
Thanks

A110UK wrote: ↑
Mon Nov 20, 2017 1:53 pm

A110UK wrote: ↑
Thu Oct 19, 2017 9:34 pm
Dear all,
Today’s been a very difficult day for me as this morning my BC application got rejected after nearly 5 month of waiting time. Here is my story, followed by HO’s reasons for rejection:

I arrived to UK in 2000 as an asylum, while I was waiting for a repose from the HO, a solicitor helped me to get work permission. I received the work permission from the HO in 2003 (It’s a card named IND Application Registration card), and there is no expiry date on the card, with this work permission card, I could apply for the National Insurance Number. This allowed me working in the UK legally.

My application for asylum got rejected a while after. After this, I made a fresh application via a solicitor, at some point after, the HO asked for some documents which I posted to them. In the meantime, HO asked me present at a police station on a weekly basis to keep track, and Finally, In Nov 2009, I received the ILR from the HO starting you are getting the ILR as a result of long residency.

Today received the rejection with following reasons:
- For the period July 2000-Nov 2009, your leave in the UK was invalid
- You said you were working in the UK while not permitted (In my application form, I was declaring my working period)

They also said, I can apply for BC in Nov 2020 (Exactly 10 yrs after the date I was granted ILR). Although the reconsideration form is attached, and they said if you think this decision is not fair, you can send the reconsideration form.

Now, I am so confused.. I was not working illegally, as I had work permission.. and everywhere was accepting this as a proof!! Second, How they are saying my stay in the UK from the date of my arrival to the date I was granted ILR was not valid!!

Please can you guide me on this matter? Do you think I can apply for reconsideration?
Hi,
I posted earlier that my application for BC was refused. As I explined, I always been in contact with the HO since my arrivals, until the date that they granted me ILR due to long residency in 2010. Now I am planning for reconsideration application. However, I was reading the form, and there is a part that they said:
they don't reconsider on grounds of: long residence, where the statutory requirements are not met

Do this mean, as because I was granted ILR on a ground of long residency, they will refuse again my reconsideration application? and 10 years ban apply to me?
Please help.
Many thanks

A110UK · Post by **A110UK** » Tue Aug 14, 2018 2:52 pm

A110UK wrote: ↑
Tue Aug 07, 2018 6:21 pm
Dear all,
My application for BC got rejected last October (9 month ago). I was not planning to send the reconsideration form, until recently similar cases as mine was approved through reconsideration. Now I am thinking to apply for reconsideration, but not sure if I can in terms of the time gap between the refusal time and reconsideration? Do you know if there is a time limit for sending the reconsideration form? Now after 9 month of refusal, do you think the HO accept my reconsideration? Thanks!

Following my question here, I did not mean that if the HO will approve my reconsideration or not! My concern is if I send my reconsideration (after 9 month of refusal), will the HO accept in terms of this delay? Do not they tell me why you did not send your reconsideration immediately after refusal? I checked the Ho website, and they have not mentioned any specific deadline for this! anyone has ideas please?

Post by **CR001** » Tue Aug 14, 2018 2:55 pm

A110UK wrote: ↑
Tue Aug 14, 2018 2:52 pm

A110UK wrote: ↑
Tue Aug 07, 2018 6:21 pm
Dear all,
My application for BC got rejected last October (9 month ago). I was not planning to send the reconsideration form, until recently similar cases as mine was approved through reconsideration. Now I am thinking to apply for reconsideration, but not sure if I can in terms of the time gap between the refusal time and reconsideration? Do you know if there is a time limit for sending the reconsideration form? Now after 9 month of refusal, do you think the HO accept my reconsideration? Thanks!
Following my question here, I did not mean that if the HO will approve my reconsideration or not! My concern is if I send my reconsideration (after 9 month of refusal), will the HO accept in terms of this delay? Do not they tell me why you did not send your reconsideration immediately after refusal? I checked the Ho website, and they have not mentioned any specific deadline for this! anyone has ideas please?

There is no timeframe for your to submit. You can submit one now if you choose to.

KatHof · Post by **KatHof** » Sun Aug 26, 2018 6:14 pm

nadworks wrote: ↑
Sat Jul 28, 2018 7:04 pm
OMG, this exact thing happened to me (pls. read below the quote)...

stef01 wrote: ↑
Thu Jul 19, 2018 3:16 pm
... . What matter is to TICK THE BOXES. nothing more nothing less. nothing to do with being 'british'. So. I have been refused because this box wasn't ticked : i have a Registration Certification of Permanent Residency, but NOT a Permanent Residency Card. You may know that to apply for citizenship, you HAVE to have the PErmanent Residence Card. Which is what I applied for but when I did, in return I received the Registration of Certificate... NOT the Permanent Card... I did not notice because the cards are IDENTICAL. what changed is under the title : Type of Document (google it). I had no idea this difference existed and of course the Home Office did NOT tell me precisely what I had receved after my application. The Local Town Hall told me that I followed the wrong link. ...
I have been living in the UK for over 21 years, was continuously employed and paid tax and NI contributions. When I started the naturalisation process in December 2016, I realised on the gov.uk website, that I needed a residency card and be in possession of it for a min. 12 months ahead of applying for citizenship. I followed the (what I thought to be) the correct links to get the required residency card and applied. I received the card 5 weeks later and waited for a year.

When I finally applied for citizenship this June and made the non-refundable up-front payment of £1,300, my time calculation was that I'd be fine to be accepted for dual citizenship ahead of Brexit, since Germany (my home country) only allows dual citizenship between two EU countries. I used the Nationality Document Return Service of Haringey Council, who pointed out that they only(!!!) photocopy my originals so I could keep them. They would NOT check the documents. I was basically served by a professional photocopier.

Oh boy, am I kicking myself. Because I ended up applying with an EEA(QP) instead of an EEA(PR) and was refused. £1,300 withheld. The easiest money the HO have ever made. It must have taken them all of 2mins until their system spat out the default rejection letter.

I am convinced it was - same as in your case, Stef - a chicken-up on the gov.uk website, that linked to the wrong document application from within the naturalisation process. This has since been rectified on the site (together with a few other glitches). So how can we ever prove that we were misled and should get a refund? I am an experienced internet user and UX expert (by profession). This is not a mistake I would usually make.

Hi Stef01 - can you please advise? british-citizenship/permanent-residency ... 62456.html
I am planning on sending off my application in a few weeks and, please do not take this personal

, make the same mistake as that.

Thanks!

nadworks · Post by **nadworks** » Tue Aug 28, 2018 2:03 pm

Hi Kat, really sorry to hear that. May I ask when you applied for your Residency card (i.e. when did that mistake happen)?

Officially there's little you can do. However it is wrong to simply withhold such large sums of money based on such a zero-service, minor formality (rules or no rules). I therefore wrote to my MP and explained the situation, but did point out that I was lead onto the wrong (EEA QP) form from the citizenship/naturalisation requirements page on gov.uk which is a fact.

Can I suggest you write to your MP and outline the situation? It just adds to our case.
You can find contact details here: https://www.writetothem.com/

Zamba · Post by **Zamba** » Wed Aug 29, 2018 2:10 pm

I applied for British naturalisation in 2017 and the home office refused my application on the basis of good character requirements. On question 3.10, the application form asked "Have you ever been involved in, supported or encouraged terrorist activities in any country?" and I ticked no as I previously applied for travel documents and BRP card and the same question was asked which I ticked No on, My refusal letter stated as i was granted asylum on the basis of being suspected as being involved in terrorist activities, I was required to tick yes on question 3.10 which I failed to do. I applied for reconsideration stating that if the question stated suspected I would've ticked yes but because it didn't mention the word suspected I didn't tick yes as I was never involved in, supported or encouraged terrorist activities but I was just suspected,it was simply a misunderstanding as i am not a proper english speaker either, a organisation helped me to even fill in the form as I couldn't fill the form my self. Regardless, my reconsideration application also got refused. The letter also states that if I still wish to become a British citizen a fresh application will need to be made but they have advised me to take into account the 10 year re-application advisory, does this mean that if I make a new application and ticking yes on the question 3.10 and attaching an apology letter with my application it will give me a chance to obtain British naturalisation.I was wondering is there any chances for me to gain British naturalisation after my reconsideration was refused as it was genuinely a honest mistake, I did not deliberately deceive the home office. Is there a possibility for a judicial review. What would you guys advise me to do. My children were granted british citizenship, they refused mine and my wife's.

KatHof · Post by **KatHof** » Thu Aug 30, 2018 5:34 pm

nadworks wrote: ↑
Tue Aug 28, 2018 2:03 pm
Hi Kat, really sorry to hear that. May I ask when you applied for your Residency card (i.e. when did that mistake happen)?

Officially there's little you can do. However it is wrong to simply withhold such large sums of money based on such a zero-service, minor formality (rules or no rules). I therefore wrote to my MP and explained the situation, but did point out that I was lead onto the wrong (EEA QP) form from the citizenship/naturalisation requirements page on gov.uk which is a fact.

Can I suggest you write to your MP and outline the situation? It just adds to our case.
You can find contact details here: https://www.writetothem.com/

I don't know what I have applied for, but as a result of my application I have received Document Certifying Permanent Residence (DCPR). I must have applied for it in Spring 2017. Now I am not sure whether I need to apply for an official "card" before applying for BC or whether the DCPR will do...

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