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BC refusal, no 12mths PR

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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rpaw
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Joined: Fri Dec 07, 2018 5:31 pm
Poland

BC refusal, no 12mths PR

Post by rpaw » Thu Feb 07, 2019 12:30 pm

I have recently applied for BN and my application been refused on the basis that I do not have a 12 months permanent residency. I'm EEU citizen and have been leaving in the UK for over 13 years. My understanding was wrong,(PR status from 06.04.2018, NA application 09.11.2018) though I am able to apply straight away. I have provided employment letter from 2011 and P60 for last 6 year's. I am aware about my mistake, just wondering should make new application or placed a reconsideration after 6.04.2019?

hermanthegerman
Junior Member
Posts: 85
Joined: Sat Jan 19, 2019 4:54 pm
Germany

Re: BC refusal, no 12mths PR

Post by hermanthegerman » Thu Feb 07, 2019 1:45 pm

It is my understanding that a reconsideration just looks at the facts you submitted with your previous application to see if a mistake was made (which in your case it was not). So I think you have to re-apply from scratch.

rpaw
Newly Registered
Posts: 23
Joined: Fri Dec 07, 2018 5:31 pm
Poland

Re: BC refusal, no 12mths PR

Post by rpaw » Thu Feb 07, 2019 2:02 pm

According to refusal letter:

Secretary of State has considered waiving failure to meet this but cannot find sufficient ground to do so,

but I have provided last 7 year's residency proof(employment letter and P60s)
Is this a good ground for reconsideration?

hermanthegerman
Junior Member
Posts: 85
Joined: Sat Jan 19, 2019 4:54 pm
Germany

Re: BC refusal, no 12mths PR

Post by hermanthegerman » Thu Feb 07, 2019 2:10 pm

no, a reconsideration just looks at your application to ensure the home office followed procedure.

You should have submitted your evidence with your PR application.

The home office guidance states:

We will not reconsider on grounds of:
• long residence, where the statutory requirements are not met

Nerazzuri
Member
Posts: 197
Joined: Wed May 23, 2012 11:25 am

Re: BC refusal, no 12mths PR

Post by Nerazzuri » Thu Feb 07, 2019 2:16 pm

Even 20 years of taxes won’t get that waived. If maybe your PR had taken a really long time to award down to a fault of Home Office, and you did not contribute to that delay at all, then they’d waive it, or some really special ground where they want to award you citizenship quickly. I’m afraid you have to wait until you have had permanent residency for 12 months, and that you were physically in the UK (i.e. not abroad on holiday) on the exact day 5 years before you applied.

vinny
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Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: BC refusal, no 12mths PR

Post by vinny » Thu Feb 07, 2019 2:28 pm

Their letter accompanying your PR should have stated when they deemed that you acquired PR?
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rpaw
Newly Registered
Posts: 23
Joined: Fri Dec 07, 2018 5:31 pm
Poland

Re: BC refusal, no 12mths PR

Post by rpaw » Thu Feb 07, 2019 3:21 pm

hermanthegerman wrote:
Thu Feb 07, 2019 2:10 pm
no, a reconsideration just looks at your application to ensure the home office followed procedure.

You should have submitted your evidence with your PR application.

The home office guidance states:

We will not reconsider on grounds of:
• long residence, where the statutory requirements are not met
Thanks for make it clear, no point to place reconsideration then.
Nerazzuri wrote:
Thu Feb 07, 2019 2:16 pm
Even 20 years of taxes won’t get that waived. If maybe your PR had taken a really long time to award down to a fault of Home Office, and you did not contribute to that delay at all, then they’d waive it, or some really special ground where they want to award you citizenship quickly. I’m afraid you have to wait until you have had permanent residency for 12 months, and that you were physically in the UK (i.e. not abroad on holiday) on the exact day 5 years before you applied.
Thanks

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