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help - error in deemed date for permanent residency

Posted: Sun May 14, 2017 2:25 am
by filkin
Hi All,

Can you please help me with a query, to which I am really struggling to find a definite answer.

Myself and my wife have arrived to UK in 2009 from Lithuania and have been in work continuously since June that year, which will be 8 years next month.

We have applied for permanent residence on 02/03/2017 and have received our certificates last week. HOWEVER, a letter that came with the certificates says that we are deemed to have acquired permanent residence on 02/03/2017. Which basically is the date when we applied for the certificates, not backdated by even a single day.

We have obviously provided the proof that we should be deemed permanent residents much earlier, but I imagine there is no way I can find out why the date was not adjusted respectively. Admin error or laziness? What really bothers me is that I have even provided them with my registration certificate, received March 2012, which back then required 12 months of employment, so as a minimum I expected the deemed date to be from March 2016.

Regardless, I do not want for personal reasons to wait until March 2018 next year before submitting MN1 and my intention is to provide 100% watertight evidence that I was resident and exercising treaty rights since June 2009. I have every single payslip, P60s, WRS and bank statements printed out for the whole period.

Theoretically, and based on advice on their website, the HO should not reject my application. But the guidance is unfortunately conflicting and I am not sure whether I am in the right. Please advise.

Thanks in advance, Filip

Re: help - error in deemed date for permanent residency

Posted: Sun May 14, 2017 12:22 pm
by LilyLalilu
Try sending a cover letter along with a copy of your passport and DCPR to the address below and ask for the date to be corrected. Someone I know did this and received a new PR cover letter with their corrected PR date in about 3 weeks. I'd send it tracked delivery.

Permanent Migration
Home Office
The Capital
Old Hall Street
Liverpool
L3 9PP

Re: help - error in deemed date for permanent residency

Posted: Sun May 14, 2017 4:42 pm
by filkin
Hi LilyLalilu,

Thank you very much for your reply. An unexpected and amazing solution, shall give it a try. I assume I would need to re-send all the evidence and original DCRP (rather than copy)?

Re: help - error in deemed date for permanent residency

Posted: Sun May 14, 2017 10:13 pm
by LilyLalilu
I think she didn't include the evidenc again, details of the evidence provided should be in the caseworker notes on their database. But who knows, if they already got the PR date wrong this may not be accurate either...

Re: help - error in deemed date for permanent residency

Posted: Sun May 14, 2017 10:46 pm
by filkin
Understood, thank you. I am going to send it all, just in case, and let you know how that goes.

Re: help - error in deemed date for permanent residency

Posted: Fri Jul 28, 2017 8:55 pm
by Pampos
Hi Filkin,

Were you able to get this sorted, I have the same issue.

Thanks

Re: help - error in deemed date for permanent residency

Posted: Sat Sep 15, 2018 12:11 am
by MEAKINS1234
Hi filkin, Hi Pampos, Were any of you guys able to get a straightforward resolution. I find myself in the same situation. Any reply will be greatly appreciated.

Re: help - error in deemed date for permanent residency

Posted: Sat Sep 15, 2018 8:20 pm
by A2ROR
MEAKINS1234 wrote:
Sat Sep 15, 2018 12:11 am
Hi filkin, Hi Pampos, Were any of you guys able to get a straightforward resolution. I find myself in the same situation. Any reply will be greatly appreciated.
Hi Meakins,

I had same issue . All I did is sent a letter with evidence of time period which been disregarded by case worker and got reply in 2 weeks with correct date :)

Best of luck