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BC refusal, no 12mths PR

Posted: Thu Feb 07, 2019 12:30 pm
by rpaw
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?

Re: BC refusal, no 12mths PR

Posted: Thu Feb 07, 2019 1:45 pm
by hermanthegerman
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.

Re: BC refusal, no 12mths PR

Posted: Thu Feb 07, 2019 2:02 pm
by rpaw
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?

Re: BC refusal, no 12mths PR

Posted: Thu Feb 07, 2019 2:10 pm
by hermanthegerman
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

Re: BC refusal, no 12mths PR

Posted: Thu Feb 07, 2019 2:16 pm
by Nerazzuri
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.

Re: BC refusal, no 12mths PR

Posted: Thu Feb 07, 2019 2:28 pm
by vinny
Their letter accompanying your PR should have stated when they deemed that you acquired PR?

Re: BC refusal, no 12mths PR

Posted: Thu Feb 07, 2019 3:21 pm
by rpaw
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