Request a DCPR date changed.

rpaw · Post by **rpaw** » Wed Feb 27, 2019 10:57 am

Hi help needed plz
Is there any chance to get PR date changed on HO system?
I am EU citizen, came to uk in 2006 . I was registered in wrs in May 2006. Last year applied for PR supporting last 5 yrs employment history only
( wrong understanding ), no employment breaks from day one, just wondering is any chance to make a PR date change request with supporting dokumentation from 2006??

secret.simon · Post by **secret.simon** » Wed Feb 27, 2019 2:45 pm

Background to the original question.

Obie · Post by **Obie** » Thu Feb 28, 2019 12:30 pm

You could have sent evidence of treaty rights and provide proof of when PR was acquired as opposed to when the card was issued.

When faced with a similar citizenship refusal in the past, a Pre Action protocol and a threat of JR resolved the matter for the subject.

rpaw · Post by **rpaw** » Thu Feb 28, 2019 1:32 pm

Obie wrote: ↑
Thu Feb 28, 2019 12:30 pm
You could have sent evidence of treaty rights and provide proof of when PR was acquired as opposed to when the card was issued.

I have sent a reconsideration letter with all evidence in relation with my PR date.
When faced with a similar citizenship refusal in the past, a Pre Action protocol and a threat of JR resolved the matter for the subject.

Can you share more detail, is this case was refused on no 12mths PR requirement ground?

secret.simon · Post by **secret.simon** » Thu Feb 28, 2019 2:15 pm

Obie wrote: ↑
Thu Feb 28, 2019 12:30 pm
You could have sent evidence of treaty rights and provide proof of when PR was acquired as opposed to when the card was issued.

Just to clarify, Obie, is your suggestion for this evidence to have been submitted to the EEA applications team at the time of applying for the DCPR or to the naturalisation team at the time of applying for the naturalisation?

Obie wrote: ↑
Thu Feb 28, 2019 12:30 pm
When faced with a similar citizenship refusal in the past, a Pre Action protocol and a threat of JR resolved the matter for the subject.

Given the fact that the OP would be eligible to apply for naturalisation in the normal course (1 year after the date of PR on the Home Office system) on 6th April anyway, is a PAP & threat of JR worth it in terms of cost? And would applying for a PAP and sending it, etc, not take up that much amount of time anyway? In other words, given the timeframe, is a PAP worth it?

Obie · Post by **Obie** » Thu Feb 28, 2019 2:32 pm

PAP threat is in relation to refused naturalisation application. If OP was refused on the basis of an erroneous date which does not reflect the reality of when he secured Permanent Residence right under Regulation 15(1)(a), then OP will surely be entitled to a relief, as it will otherwise be a travesty.

Such a decision must surely not be permitted to stand, the integrity of the law must be upheld and vindicated.

secret.simon · Post by **secret.simon** » Thu Feb 28, 2019 2:38 pm

Obie wrote: ↑
Thu Feb 28, 2019 2:32 pm
If OP was refused on the basis of an erroneous date which does not reflect the reality of when he secured Permanent Residence right under Regulation 15(1)(a)

But what if the OP submitted incorrect evidence (that of the latest years, for instance, rather than those of the earliest years)? Surely the Home Office caseworker can only go by the evidence submitted?

Obie · Post by **Obie** » Thu Feb 28, 2019 2:43 pm

I appreciate your point, however the presumption of the Home Office can be dispel, to treat it as absolute will be an error of law, and an insult to the supremacy of community law. This is why i advised that OP provide evidence to dispel the presumption, if indeed the error can be attributed to him.

If the error was otherwise that of the Home Office, he will surely be entitled to a relief. I will not challenge a £65 application, but a £1300 application is clearly not an insignificant sums of money.

Speaking for myself, in my own case, they replied to the PAP and said the remedy of the claimant is to make a new PR application. I found that absurd and proceed with a JR application, and the GLD settled with cost via a consent order, and the subject was issued with a Naturalisation Certificate under Section 6(1).

rpaw · Post by **rpaw** » Thu Feb 28, 2019 4:17 pm

I appreciate Obie & secret.simon for suggestions and comments. Just to clarify what PAP, OP and GLD means plz

I requested a reconsideration with EEA application team regards my PR date (to changed my residency on HO system) then thinking to placed NA reconsideration letter. Am I right?

CR001 · Post by **CR001** » Thu Feb 28, 2019 4:23 pm

rpaw wrote: ↑
Thu Feb 28, 2019 4:17 pm
I appreciate Obie & secret.simon for suggestions and comments. Just to clarify what PAP, OP and GLD means plz

PAP - Pre Action Protocol - there is a fairly specific format for this.

OP - Original Poster, ie you

GLR - Government Legal Department

rpaw · Post by **rpaw** » Thu Feb 28, 2019 4:42 pm

CR001 wrote: ↑
Thu Feb 28, 2019 4:23 pm

rpaw wrote: ↑
Thu Feb 28, 2019 4:17 pm
I appreciate Obie & secret.simon for suggestions and comments. Just to clarify what PAP, OP and GLD means plz
PAP - Pre Action Protocol - there is a fairly specific format for this.

OP - Original Poster, ie you

GLR - Government Legal Department

Thanks CR001

rpaw · Post by **rpaw** » Sat Mar 09, 2019 1:30 pm

Hi all
Just quick update EEA application team asked me to provide more evidence that I had completed an earlier 5 yrs period of Trity rights. fingers crossed

rpaw · Post by **rpaw** » Wed Mar 13, 2019 4:16 pm

Obie wrote: ↑
Thu Feb 28, 2019 12:30 pm
You could have sent evidence of treaty rights and provide proof of when PR was acquired as opposed to when the card was issued.

When faced with a similar citizenship refusal in the past, a Pre Action protocol and a threat of JR resolved the matter for the subject.

Hi Obie, am awaiting EEA application team respond, meantime start prepping my NA reconsideration letter, just wondering are u providing legal advice in this matter?

rpaw · Post by **rpaw** » Fri Mar 29, 2019 10:48 am

Hi all,
quick update with my case, EEA caseworker changed my DCPR date for 5th April 2011.

rpaw · Post by **rpaw** » Mon Jul 15, 2019 10:30 am

Hi Obi, CR001, secret.simon

I am pleased to share good news, I have received HO phone call, my reconsideration has been approved in 3 months from sending NR form.
THANKS FOR ALL

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