GaryLondon wrote:Hi,
Here is my situation.
I moved to the UK in June 2008 from an A8 EEA country and have been working continuously since October the same year. I have registered to WRS at my first company but was made redundant soon after. Started working in a couple of months again but not being fully aware of the regulations (if you don't work 12 months at the company you registered with under WRS, you have to register again) I didn't register myself again to WRS. The fact that this would be a problem if I wanted to apply for British citizenship, I only found out from the council when I wanted to book an appointment with them for the Citizenship Checking Service January 2015. They informed me that I shouldn't apply as my application would be rejected.
I said OK, not a problem, I have all the paperwork ready and since I was going to get married in October and my wife is British I will apply after the wedding. Since I will only have to show paperwork for 3 years of continuous work and residence.
So shortly after the wedding in October last year (before the PR card requirement) I applied to be naturalized as a British citizen but was refused recently.
The reason given: "As you have not been exercising your treaty rights for a continuous period of 5 years you do not meet the requirement which are set out on our website at ... and your application has been refused"
I have obviously went through the requirements many many times before I have applied. I believe that my application should have been accepted and am going to challenge the decision and apply for reconsideration.
Would I still be rejected?
Unfortunately you have conflated and misunderstood some of the requirements to acquire PR and some of those required to naturalise.
(Different legislation applies in both cases).
An EEA national still has to reside & exercise treaty rights in UK for 5 years, (continuously, as a
qualified person, eg a worker) in order to acquire PR.
The spouse of a BC only has to demonstrate 3 years
residency in UK
but that is subsumed within the 5 years it takes to acquire PR.
This is clearly explained in the AN guidance.
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- see section 2, (page 6)
The NCS should have picked up on this too.
Unfortunately they are only an agent for HO so you have no recourse under the HO reconsideration procedure.
HO appear to have applied the rules and regulations correctly and reached the appropriate decision in your case.
Edit: to be fair to NCS, they did advise you not to apply (at your first appointment).
It's not clear if you went back to NCS or subsequently applied directly.
As you were not fully and properly registered for WRS your PR clock will only have started in May 2011 (ie after WRS officially ended).
- that means you could not acquire PR until May 2016 ie around about now.
This assumes you have not enjoyed any prolonged absences from UK.
Next steps
1) You can now apply for a confirmation of PR card.
https://www.gov.uk/government/publicati ... orm-eea-pr
2) Once you have that you may apply directly for the privilege of citizenship as you are married to a BC;
that is assuming you meet (or can meet) all other requirements, namely:
LITUK, proof of English, good character, referees, sound mind, residency, absences within limits for naturalisation (note: different from EU rules!), plus proof of being physically present in UK 3 years before date of application & etc.
3) Finally, shoot for holy grail of British passport; (a separate application process, made to HMPO).
Hope it makes more sense now.
Good luck.
