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I am waiting for the outcome of a SAR that I sent to the HMRC requesting my complete employers history for the last 16 years. This would be my only lifeline as I have lost relevant documents, so that it's difficult to pick 5 consecutive years that I've exercised treaty rights.

The lady over the phone at the HMRC has told me that it can take up to 375 days. That will not go well with me, pending a Brexit referendum that could shuffle the cards on the table.

At this point I can either wait for the 375 days and risk I'll never be able to apply for a DCPR, or send an incomplete application now and take the gamble.

What do I risk?

If the application is rejected AND eventually I can receive more evidence, could I appeal the rejection?

Or can I simply reapply?

Or would it bar me from any further applications?

Thank you for taking the time to read this. I'm beginning to lose my sleep over it.

If an application is rejected you can simply reapply with new evidence. You can send in as many applications as you like, they'll happily take your money each time However, you can't appeal a decision if the application was rejected on the basis of missing evidence.

On a side note, note sure if the lady on the phone was drunk but my history from HMRC took 10 working days so a response time of 375 days seems a bit extreme, you should hopefully get it earlier. But obviously 16 years is quite a big time span, so it may take a bit longer than 10 working days...but I also believe that they are legally required to respond to a SAR within 40 days of receipt...

Also, nothing should change immediately after the referendum, even in the case of an out-vote. It should take (at least) 2 years to renegotiate everything but you are of course right to want to bring your affairs in order before that. Also bear in mind that a DCPR is only a document confirming an already acquired right/status.

Subject access requests should be responded to within 40 days, not sure why the hell it would take 375 days! They have dedicated teams of people working on these, it's not just like some unpaid intern does it on their lunch break once a week.

If your application is rejected due to insufficient evidence you will lose the fee but you can apply again at any time.

Thanks Lily and O'Hara.

Regarding the 375 days. I decided to call the HMRC at the normal number (not the dedicated NI&EO office). After waiting about 40 minutes they confirmed the 375 days, because they say that the timeline is almost 20 years. They suggested me to give a call in a couple of months.

I'll wait before the referendum. If I have received nothing by then, I'll send out an incomplete application.