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BC rejected need for EUSS

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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agymorgiel
Newbie
Posts: 34
Joined: Wed Sep 06, 2017 5:59 pm
Poland

BC rejected need for EUSS

Post by agymorgiel » Mon Oct 17, 2022 6:05 pm

Dear all,
If I breaking rules, pls forgive me, I don't know where should I post this.
I have posted this under BC topics but somebody advised to do it here.

My son 21 years old, has applied for BC and HO rejected his application.

We received ILR - his father, my son and I in 2005 on top of this as my country joined EU in 2004 we received Permanent residency.

Letter from Home office issued in 2005 says

quote " I am writing to say that you have been granted permanent residence in UK. Your passport has been endorsed with No Time Limit stamp..."

I didn't do Settlement Status Scheme for him as I thought he has ILR and he doesn't needs it. I have applied for BC through ILR route sometime ago and thought he can do the same.
He applied for BC and this is what he received in respond.

quote
" There are certain mandatory requirements within the application process which must be complied with, to ensure you have made a valid application to naturalise under Section 6(1) of the British Nationality Act 1981.

It is a mandatory requirement to demonstrate (with evidence) that you are free from immigration time restrictions on the date you apply.

For any EU nationals (and their non-EU family members) applying for British Citizenship after 30 June 2021, this can only be evidenced by holding either Indefinite Leave to Remain under the Immigration route, or EUSS Indefinite Leave to Remain on the date of application.

Your application was received on 18 July 2022 on which the above applies.

It is noted as part of your application you have Permanent Residence issued on 04 November 2005.

As you have applied after 30 June 2021, you can no longer rely on this as confirmation of your settled status in the United Kingdom.

To explain further, all European nationals (and their family members) were required to transfer their previously obtained Permanent Residence status to EUSS Indefinite leave to remain before the 30 June 2021. This is clearly explained on our website at https://www.gov.uk/british-citizenship

Now, I am really scared as it seems his status in UK is not protected.
I don't know what to do, as is too late to apply for EUSS

Please, advise
Thank you

We strongly urge you to now consider applying under the EU Settlement Scheme should you wish to qualify in future. Further advice can also be found in the guidance document associated to this application (Guidance AN https://www.gov.uk/government/publicati ... n-guidance ).

As you only currently hold a Permanent Residence document, we are unable to accept that you are currently free from immigration time restrictions. This application has been rejected and a full refund will follow shortly.

Yours sincerely."


seems, he has no protected status here now it is too late to do EUSS.
I have no idea what to do
Thank you

secret.simon
Moderator
Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: BC rejected need for EUSS

Post by secret.simon » Mon Oct 17, 2022 7:00 pm

As there is already a post on the same topic in the British citizenship forum, I have locked this topic, to prevent confusion.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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cron