Rejected aplication

[agymorgiel]

Dear all,
I am panicking right now, so please be patient with me.

My son 21 years old, has applied for BC and received negative respond.
We received ILR - his father, my son and I in 2005 on top of this as my country joined EU in 2004 we received Permanent residency.
I didn't do Settlement Status Scheme for him as I thought he has ILR and he doesn't needs it.
He applied for BC and this is what he received in respond.

" There are certain mandatory requirements within the application process which must be complied with, to ensure you have made a valid application to naturalise under Section 6(1) of the British Nationality Act 1981.

It is a mandatory requirement to demonstrate (with evidence) that you are free from immigration time restrictions on the date you apply.

For any EU nationals (and their non-EU family members) applying for British Citizenship after 30 June 2021, this can only be evidenced by holding either Indefinite Leave to Remain under the Immigration route, or EUSS Indefinite Leave to Remain on the date of application.

Your application was received on 18 July 2022 on which the above applies.

It is noted as part of your application you have Permanent Residence issued on 04 November 2005.

As you have applied after 30 June 2021, you can no longer rely on this as confirmation of your settled status in the United Kingdom.

To explain further, all European nationals (and their family members) were required to transfer their previously obtained Permanent Residence status to EUSS Indefinite leave to remain before the 30 June 2021. This is clearly explained on our website at https://www.gov.uk/british-citizenship

We strongly urge you to now consider applying under the EU Settlement Scheme should you wish to qualify in future. Further advice can also be found in the guidance document associated to this application (Guidance AN https://www.gov.uk/government/publicati ... n-guidance ).

As you only currently hold a Permanent Residence document, we are unable to accept that you are currently free from immigration time restrictions. This application has been rejected and a full refund will follow shortly.

Yours sincerely."


seems, he has no protected status here now it is too late to do EUSS.
I have no idea what to do
Thank you

[contorted_svy]

You were invited to do a late application to the EUSS. Do the rest of you have status under EUSS? Maybe this topic should go under the EUSS sub-board.

[agymorgiel]

this is the letter received from HO in 2005

Quote;

I am writing to say that you have been granted permanent residence in the UK. Your passport , which is enclosed, has been endorsed with No Time Limit stamp. "

[agymorgiel]

You were invited to do a late application to the EUSS. Do the rest of you have status under EUSS? Maybe this topic should go under the EUSS sub-board.

We all good apart from him, not sure about his father.

what reason he should put in late EUSS application?

[meself2]

this is the letter received from HO in 2005

Quote;

I am writing to say that you have been granted permanent residence in the UK. Your passport , which is enclosed, has been endorsed with No Time Limit stamp. "

is that his endorsement? maybe you can do an NTL application for him?
https://assets.publishing.service.gov.u ... it_v16.pdf but I'm unsure if you're eligible
EUSS is probably the best option

[meself2]

this is the letter received from HO in 2005

Quote;

I am writing to say that you have been granted permanent residence in the UK. Your passport , which is enclosed, has been endorsed with No Time Limit stamp. "

is that his endorsement? maybe you can do an NTL application for him?
https://assets.publishing.service.gov.u ... it_v16.pdf but I'm unsure if you're eligible
EUSS is probably the best option

yea, not sure about the way you got PR but they would prefer EU folks to go via EUSS

[agymorgiel]

I am really confused, I thought I have done that.
if EUSS what chances they refuse it as late to apply?

[meself2]

I am really confused, I thought I have done that.
if EUSS what chances they refuse it as late to apply?

your case is clearly one of the reasonable grounds
https://www.gov.uk/settled-status-eu-ci ... ligibility

‘Reasonable grounds’ for why you did not apply by the deadline
If you did not apply by 30 June 2021, or by the deadline for your circumstances if it’s later, you may still be able to apply to the scheme. You will need to have ‘reasonable grounds’ for why you did not apply by the deadline.

There are many different reasons that can be included as reasonable grounds for not applying by the deadline.

There is not a complete list - if you have a reason not listed here, you can still apply and your reason will be considered.

Some reasonable grounds are, for example, if:

you already have indefinite leave to enter or remain, and you did not know you could apply to the scheme
you had permanent residence status or a residence document that stopped being valid after 30 June 2021, and you did not know you needed to apply to the scheme

[agymorgiel]

We have here before EU hence visas and PR but as 2004 PL joined EU

[agymorgiel]

I am really confused, I thought I have done that.
if EUSS what chances they refuse it as late to apply?

your case is clearly one of the reasonable grounds
https://www.gov.uk/settled-status-eu-ci ... ligibility

‘Reasonable grounds’ for why you did not apply by the deadline
If you did not apply by 30 June 2021, or by the deadline for your circumstances if it’s later, you may still be able to apply to the scheme. You will need to have ‘reasonable grounds’ for why you did not apply by the deadline.

There are many different reasons that can be included as reasonable grounds for not applying by the deadline.

There is not a complete list - if you have a reason not listed here, you can still apply and your reason will be considered.

Some reasonable grounds are, for example, if:

you already have indefinite leave to enter or remain, and you did not know you could apply to the scheme
e
this is the only reason I suppose.

I do not understand this part of the email;

For any EU nationals (and their non-EU family members) applying for British Citizenship after 30 June 2021, this can only be evidenced by holding either Indefinite Leave to Remain under the Immigration route, or EUSS Indefinite Leave to Remain on the date of application.

This means we haven't got ILR? or we have as the stamp in the passports states No Time limit, maybe he shoul apply for NTL BRP?

[secret.simon]

The first thing to do is figure out precisely which status your son has.

this is the letter received from HO in 2005

Quote;

I am writing to say that you have been granted permanent residence in the UK. Your passport , which is enclosed, has been endorsed with No Time Limit stamp. "

If this was issued in 2005, and the stamp states "No Time Limit", then your son already has ILR.

Permanent Residence as a status only came into being on 30th April 2006. So your son could not have acquired it in 2005.

It is possible that your son also acquired PR automatically under the EEA Regulations 2006. But if he has an NTL stamp in his passport predating those regulations, he already has ILR and he only needs to prove that he has not lived outside the UK for any period of two years or more (which would cause his ILR status to end).

Had you included your son's passport with the NTL passport in the application? And had you included proof that your son was not absent from the UK for any period of two years or more?

I think you have a reasonably good prospect for reconsideration, pointing out that his NTL stamp predates the EEA Regulations 2006 AND (if need be by adding additional proof) that he never lost his ILR status by an absence from the UK of more than 2 years.

NTL stamps are so ancient that there is a reasonably good chance that the caseworkers would not recognise them.

Alternatively, as @meself2 has advised above, you can make an NTL BRP application and then apply for reconsideration with that NTL BRP.

is that his endorsement? maybe you can do an NTL application for him?
https://assets.publishing.service.gov.u ... it_v16.pdf...

[agymorgiel]

The first thing to do is figure out precisely which status your son has.

this is the letter received from HO in 2005

Quote;

I am writing to say that you have been granted permanent residence in the UK. Your passport , which is enclosed, has been endorsed with No Time Limit stamp. "

If this was issued in 2005, and the stamp states "No Time Limit", then your son already has ILR.

Permanent Residence as a status only came into being on 30th April 2006. So your son could not have acquired it in 2005.

It is possible that your son also acquired PR automatically under the EEA Regulations 2006. But if he has an NTL stamp in his passport predating those regulations, he already has ILR and he only needs to prove that he has not lived outside the UK for any period of two years or more (which would cause his ILR status to end).

Had you included your son's passport with the NTL passport in the application? And had you included proof that your son was not absent from the UK for any period of two years or more?

I think you have a reasonably good prospect for reconsideration, pointing out that his NTL stamp predates the EEA Regulations 2006 AND (if need be by adding additional proof) that he never lost his ILR status by an absence from the UK of more than 2 years.

NTL stamps are so ancient that there is a reasonably good chance that the caseworkers would not recognise them.

Alternatively, as @meself2 has advised above, you can make an NTL BRP application and then apply for reconsideration with that NTL BRP.

is that his endorsement? maybe you can do an NTL application for him?
https://assets.publishing.service.gov.u ... it_v16.pdf...

Letter from Home Office is NOV 2005 and states NO time limit, residence permit for eu nationals ( blue card) issued 6/12/2005

[secret.simon]

Letter from Home Office is NOV 2005 and states NO time limit, residence permit for eu nationals ( blue card) issued 6/12/2005

Is there an NTL stamp in his then passport?

[agymorgiel]

THE stamp says " There is at present no time limit on the holder's stay in the UK"

[agymorgiel]

when applying for EUSS they are asking to provide an evidence for late application and upload a documents.
What kind of evidence I can present?

[contorted_svy]

Maybe the passport with the NTL stamp? and then explain you didn't know you needed to apply as you had that?

[agymorgiel]

The first thing to do is figure out precisely which status your son has.

this is the letter received from HO in 2005

Quote;

I am writing to say that you have been granted permanent residence in the UK. Your passport , which is enclosed, has been endorsed with No Time Limit stamp. "

If this was issued in 2005, and the stamp states "No Time Limit", then your son already has ILR.

Permanent Residence as a status only came into being on 30th April 2006. So your son could not have acquired it in 2005.

It is possible that your son also acquired PR automatically under the EEA Regulations 2006. But if he has an NTL stamp in his passport predating those regulations, he already has ILR and he only needs to prove that he has not lived outside the UK for any period of two years or more (which would cause his ILR status to end).

Had you included your son's passport with the NTL passport in the application? And had you included proof that your son was not absent from the UK for any period of two years or more?

I think you have a reasonably good prospect for reconsideration, pointing out that his NTL stamp predates the EEA Regulations 2006 AND (if need be by adding additional proof) that he never lost his ILR status by an absence from the UK of more than 2 years.

NTL stamps are so ancient that there is a reasonably good chance that the caseworkers would not recognise them.

Alternatively, as @meself2 has advised above, you can make an NTL BRP application and then apply for reconsideration with that NTL BRP.

is that his endorsement? maybe you can do an NTL application for him?
https://assets.publishing.service.gov.u ... it_v16.pdf...

Hence I he has applied through ILR as I did 2 years ago.
I haven't included his previous passport.
I did provide evidence of any absents, longest was 3 weeks
I was thinking about NTL BRP but I am worried as caseworker advised for EUSS but in my eyes this is not fair and as late application it could be potentially rejected.

[agymorgiel]

i wonder if I could do pro-action protocol letter and explained ILR, send copy of the passport with the stamp?
Is this a good or bad idea?
please, advise
Thank you

[Bash_]

this might help you understand why

You can no longer apply for citizenship based on your permanent residence
status and are advised to submit an EUSS application before submitting a
naturalisation application.

https://assets.publishing.service.gov.u ... d_0709.pdf

[agymorgiel]

this might help you understand why

You can no longer apply for citizenship based on your permanent residence
status and are advised to submit an EUSS application before submitting a
naturalisation application.

https://assets.publishing.service.gov.u ... d_0709.pdf

Yes, I understand that. We have made an mistake and didn't send his previous passport with ILR.
I don't mind doing EUSS, but scared of rejection again as late application.
Should I worry?
As the app requested proof of evidence for late application, can I upload copy of the No Time limit stamp and HO rejection letter with an advise for EUSS? Will this be good evidence in your opinion?
thank you.

[contorted_svy]

this might help you understand why

You can no longer apply for citizenship based on your permanent residence
status and are advised to submit an EUSS application before submitting a
naturalisation application.

https://assets.publishing.service.gov.u ... d_0709.pdf

Yes, I understand that. We have made an mistake and didn't send his previous passport with ILR.
I don't mind doing EUSS, but scared of rejection again as late application.
Should I worry?
As the app requested proof of evidence for late application, can I upload copy of the No Time limit stamp and HO rejection letter with an advise for EUSS? Will this be good evidence in your opinion?
thank you.

EUSS applications are free, even if it was rejected how would it make it worse?

You can maybe try both avenues - NTL BRP and EUSS.

[Bash_]

this might help you understand why

You can no longer apply for citizenship based on your permanent residence
status and are advised to submit an EUSS application before submitting a
naturalisation application.

https://assets.publishing.service.gov.u ... d_0709.pdf

Yes, I understand that. We have made an mistake and didn't send his previous passport with ILR.
I don't mind doing EUSS, but scared of rejection again as late application.
Should I worry?
As the app requested proof of evidence for late application, can I upload copy of the No Time limit stamp and HO rejection letter with an advise for EUSS? Will this be good evidence in your opinion?
thank you.

EUSS applications are free, even if it was rejected how would it make it worse?

You can maybe try both avenues - NTL BRP and EUSS.

Agree, nothing to lose here really also if you check EUSS page it says:
If you have permanent residence or indefinite leave to remain
The deadline to apply to the EU Settlement Scheme in most cases was 30 June 2021. In some cases, you can still apply after the deadline.

[agymorgiel]

Thank you for advise.
I may actually try both

[contorted_svy]

You can send in similar evidence - passport with NTL stamp, current passport, evidence of having stayed in the UK continuously, explanation that because you had that NTL you thought an application wasn't necessary. As I believe both applications are free, it won't cost you a fortune. Make sure to review both guidances and build a solid case.

[agymorgiel]

1) Until 30 April 2006, the rights of Polish nationals admitted to the United Kingdom under the Polish Association Agreement before Poland’s accession to the EU on 1 May 2004 were governed by paragraph 255B of the Immigration Rules. (2) Paragraph 255B remained in force until 30 April 2006 when the Immigration (European Economic Area) Regulations 2006 came into force. (3) Polish nationals whose decisions were made prior to 30 April 2006 were permitted to aggregate the time spent in the United Kingdom under the Association Agreement and the 2000 Regulations in calculating the qualifying period for the grant of ILR

This is what I found. I have a feeling to reapply and consider an application under this rule. is my thinking right?
There are few similar cases and Asylum and Immigration Tribunal ruled in favour of applicants.

I wanted to say thank you all for your advise.
What do you think about the above 255B immigration rule? solid case?