Immigrationboards.com

Hi,

Newbie here so please be gentle! I hope I'm posting in the right section.

I am a UK citizen, my husband of 29 years is a Greek national (with joint New Zealand nationality). We have lived in the UK since 1997 (previously lived in New Zealand). We have two daughters, both UK citizens.

Several months ago, he decided to apply for UK naturalisation and discovered he had to obtain a registration card first. He duly filled in the form and it was subsequently refused on the basis that he hadn't provided sufficient evidence that his company was trading etc. He was told that he could either reapply, or just provide the additional evidence. He opted to provide the evidence required and now, 3 months later, he has just had a letter saying:

"Unfortunately, your application does not fall for reconsideration as it is deemed that the correct decision was made at the time based on the application and evidence provided. If you believe that you qualify for a registration certificate, you may be eligible to appeal your decision, or alternatively, you may reapply."

It seems to us that the Home Office is going back on its original invitation to provide the additional evidence. We have been given no further explanation as to why his application has been refused.

What should we do? Should we appeal or reapply? Should we involve a lawyer? If so, any idea what that might cost? Any advice would be most gratefully received.

Many thanks in advance.

"...discovered he had to obtain a registration card first"

This isn't true AFAIK. There is no obligation to hold a registration certificate to get a PR card.

If he can prove he, as an EEA national, exercised treaty rights for a continuous 5 years it may be worth just firing off another application, this time using the guidance provided on here to ensure you submit sufficient information.

Noetic wrote:"...discovered he had to obtain a registration card first"

This isn't true AFAIK. There is no obligation to hold a registration certificate to get a PR card.

She may not be using the right terminology, but I think the OP is referring to the "Document Certifying Permanent Residence" as a "registration card". That is, of course, a pre-requisite for applying for naturalisation.

To the OP: It sounds like your husband is self-employed. Is that correct? If so, I will step aside for others more knowledgable than me in this field to respond in more detail.

As an aside, I hope that your husband is registered to vote in the upcoming referendum, as also the rest of the family. It is turning into a very close call.

Artemis1 wrote:Hi,

Newbie here so please be gentle! I hope I'm posting in the right section.

I am a UK citizen, my husband of 29 years is a Greek national (with joint New Zealand nationality). We have lived in the UK since 1997 (previously lived in New Zealand). We have two daughters, both UK citizens.

Several months ago, he decided to apply for UK naturalisation and discovered he had to obtain a registration card first. He duly filled in the form and it was subsequently refused on the basis that he hadn't provided sufficient evidence that his company was trading etc. He was told that he could either reapply, or just provide the additional evidence. He opted to provide the evidence required and now, 3 months later, he has just had a letter saying:

"Unfortunately, your application does not fall for reconsideration as it is deemed that the correct decision was made at the time based on the application and evidence provided. If you believe that you qualify for a registration certificate, you may be eligible to appeal your decision, or alternatively, you may reapply."

It seems to us that the Home Office is going back on its original invitation to provide the additional evidence. We have been given no further explanation as to why his application has been refused.

What should we do? Should we appeal or reapply? Should we involve a lawyer? If so, any idea what that might cost? Any advice would be most gratefully received.

Many thanks in advance.

Unfortunate but it sounds like you are not too clear on the requirements.

First of all, and its a longshot, when hubby arrived in UK he may have been stamped in with ILR. Suggest check original passport.
If he was settled from the get-go then no need to worry about PR now.

Otherwise, if you are sticking with EU migration route, I assume by "residence card" you mean a 'confirmation of PR' card (DCPR)..

If hubby has been economically active in UK the chances are he has acquired PR in the intervening years.
The HO will still need to have been convinced by the evidence even on second chance.
What was lacking and what was then sent as a follow up?
Did you prove the work was genuine and effective rather than marginal and supplementary?

Failing that, have a re-think to see if there was a continuous 5 year period when he was exercising treaty rights as a qualified person.
eg in one or more categories of: worker, self-employed, student or self-sufficient person?

Also has hubby enjoyed any prolonged absences from UK since 1997?

You don''t have to involve a lawyer. Many people do not (and do succeed). It's your choice.

It's going to be all down to the quality of the documentary supporting evidence you submit to back up the exercise of treaty rights; (assuming they have been exercised in first place).

But suggest do also check that old passport dating from first entry into UK, you may be pleasantly surprised.

Thank you all for your replies. Much appreciated.

We've checked his old passport and nothing! Was worth a try, though...

He has been self employed since Sept 2013, but before that he was permanently employed by the same employer for 17 years.

What frustrates me is that the HO don't tell you exactly what they want - what you're not providing; and also that they seem to go back on what they've said before!

Anyway, he's going to have a think about it all for a few days before deciding what to do next.

Many thanks again for taking the trouble to reply.

Oh yes! We are all registered to vote ( except the youngest who is only 14) and fully intend to do so! As you say, it's looking like a close run thing.

Artemis1 wrote:Thank you all for your replies. Much appreciated.

We've checked his old passport and nothing! Was worth a try, though...

He has been self employed since Sept 2013, but before that he was permanently employed by the same employer for 17 years.

What frustrates me is that the HO don't tell you exactly what they want - what you're not providing; and also that they seem to go back on what they've said before!

Welcome to our world.
- that's one reason the forum exists.

17 years a worker - he must have acquired PR by now.
You don't just apply for the past 5 years!
But you will need rock-solid if not unimpeachable supporting evidence.

Plenty of info is available, suggest start here to get inside the head of the caseworker who will assess and weigh up your case:
https://www.gov.uk/government/uploads/s ... _clean.pdf

+1 - supply P60s, bank statements etc to cover a solid 5 year period of employment and he can get PR no problem. He already has it from about 2006 just by being a worker here for the preceding 5 years.

Now he just has to supply HO with sufficient proof