Question re the 1 year for the PR card. Anyone successfull?

[Columbo]

Hello everyone,

I arrived to the country in June 2010 and was practicing my EEA rights under this time so I technically should have become a PR automatically on June 2015.
I received my Certificate for proof of PR in July 2016.
Home Office hotline 3 times says I need to wait for another year from now.
This contradicts the Example on page 10 of the guidelines which clearly says that not as long as I was practicing my rights and became a resident a year ago. They also say I will lose my application fee if I progress.

Question1: Has anyone made an application under these circumstances (I suspect so, as the regime came into place in Nov 2015 i.e. no one could have held their card for a year) and were successful?
Question2: Is it true that the NCS service will check and verify this to me? (The council booking line specifically asked if I have had the card for a year, so slightly suspicious).
Question3: In another post someone said they obtained their status through a SAR request. Would that help?
Question4: Any other advice? Should I reattach all my other docs proving my residence ie. WRS, etc?

Thanks

[noajthan]

Hello everyone,

...

Question1: Has anyone made an application under these circumstances (I suspect so, as the regime came into place in Nov 2015 i.e. no one could have held their card for a year) and were successful?
Question2: Is it true that the NCS service will check and verify this to me? (The council booking line specifically asked if I have had the card for a year, so slightly suspicious).
Question3: In another post someone said they obtained their status through a SAR request. Would that help?
Question4: Any other advice? Should I reattach all my other docs proving my residence ie. WRS, etc?

Thanks

Ignore helpline.Step away from the receiver.

1) Yes. Search in forum.

2) Quite likely (if not 100%)

3) It can provide reassurance. Surely worth £10.

4) Relax. You are in the right.

[ohara]

Question1: Has anyone made an application under these circumstances (I suspect so, as the regime came into place in Nov 2015 i.e. no one could have held their card for a year) and were successful?

Yes, I did it and was successful.

Question2: Is it true that the NCS service will check and verify this to me? (The council booking line specifically asked if I have had the card for a year, so slightly suspicious).

Yes, they checked on the phone while I was there.

Question3: In another post someone said they obtained their status through a SAR request. Would that help?

Did that also, confirmed the same date that NCS did on the phone.

[Columbo]

Ohara

Yes, they checked on the phone while I was there.

Columbo: Thanks this is very useful, so i suspect you didn't go on a Saturday. Just out of interest which NCS did you go to if it was in London. I am a but nervous with Camden given they wanted me to confirm over the phone that I have had the card for a year.

Thanks

[ohara]

I used Plymouth as that's where I live. I did email beforehand to confirm and they were clueless. I suggest you print out the following document and take it with you: https://dl.dropboxusercontent.com/u/128 ... Cards.docx

I was the first EEA applicant to use Plymouth NCS since the DCPR requirement came into force in November 2015 that's why they were unaware.

My appointment was on a Wednesday as that's the only day Plymouth do NCS appointments.

[Grodan]

So just checking if I got this right;
Upon receiving the DCPR I can do a subject access request to check which date UKVI has logged my permanent residence from and then apply for citizenship after 12 months from that date have passed (which hopefully it will have as I submitted more documents than five years). But this is more for peace of mind as NCS will phone and double check this in front of me (will bring letter from this post with me just in case).

Is the SAR £10 and would it be the "Standard Subject Access Request Form" from this page https://www.gov.uk/government/publicati ... mmigration that should be used? Using Part B for request on specific data?

If I am right here how did you word your request? On the lines of;
Please inform me of the date I was deemed to have acquired permanent residence as recorded on your UKVI database

Thanks

[ohara]

Pretty much nailed it. A "subject access request" is simply a written request for an organisation to disclose information they hold on an individual, which you are entitled to under section 7 of the data protection act. This applies to government departments as well as private sector companies.

UKVI obviously has a huge computerised database which holds information of everyone who makes applications to them, and in many cases, people who don't.

Due a huge oversight by the entire department, nobody thought it would be a good idea to tell people the date they had acquired PR when issuing them with the card/document. Other than NCS checking on the phone, it seems the only way to find out is by making an SAR.

By making an SAR, you are asking UKVI to send you information they hold on you. When I did mine, I just ticked the box for "all computerised records" or whatever it was. They sent me a huge bundle, which included photocopies of the EEA(PR) application I sent them, as well as casework database print outs which included the golden date of PR. It also had some details of my naturalisation application which was in progress by the time they had actually processed the SAR.

It costs £10 to make an SAR (it is capped at that amount by law), however UKVI were piloting a fast track SAR process earlier this year which is free and much faster. There is one member of this forum who made a standard SAR but wrote on the form that all he wanted was the date of his PR. A week later they sent his £10 cheque back and a letter explaining that they had processed his request under the fast track, as well as the date of his PR.

What I would recommend doing is sending a request under fast track if still possible, asking for "the date you were first entitled to a right of permanent residence under the EEA regulations". Send a £10 cheque just in case.

[elwael]

hello all

So I submitted my SAR request 3 weeks ago and certified my ID copy at Post Office ( someone at the forum mentioned he has done it before it went well) and sent my photo. Yesterday I received all my SAR application back with refusal letter stating that I haven't provided certified photo by solicitor confirming the photo is a true liking...

they also requested - which organization is requesting this... is it actually not allowed to request this info by me?

Please advice.

[noajthan]

hello all

So I submitted my SAR request 3 weeks ago and certified my ID copy at Post Office ( someone at the forum mentioned he has done it before it went well) and sent my photo. Yesterday I received all my SAR application back with refusal letter stating that I haven't provided certified photo by solicitor confirming the photo is a true liking...

they also requested - which organization is requesting this... is it actually not allowed to request this info by me?

Please advice.

The Data Protection Act 1998 determines how public bodies and other institutions (including HO) processes personal data (that is, information relating to living people).
The DP Act means you can ask to access the information HO holds about you.

[elwael]

hello all

So I submitted my SAR request 3 weeks ago and certified my ID copy at Post Office ( someone at the forum mentioned he has done it before it went well) and sent my photo. Yesterday I received all my SAR application back with refusal letter stating that I haven't provided certified photo by solicitor confirming the photo is a true liking...

they also requested - which organization is requesting this... is it actually not allowed to request this info by me?

Please advice.

The Data Protection Act 1998 determines how public bodies and other institutions (including HO) processes personal data (that is, information relating to living people).
The DP Act means you can ask to access the information HO holds about you.

Hi. Thanks noajthan.
then why would they ask me this? I will post here exact wording tomorrow hopefully...
also - do you think fast track is suitable to find out form which date I acquired permanent status?

thanks

[noajthan]

Hi. Thanks noajthan.
then why would they ask me this? I will post here exact wording tomorrow hopefully...
also - do you think fast track is suitable to find out form which date I acquired permanent status?

thanks

Incompetence perhaps.

Not sure if fast track scheme is still running but members have reported success with it in the past.

[Columbo]

Ok, back here.

I had my own FOI on the matter and they confirmed the same thing
SAR still pending
Went to NCS today, who called the home office twice, but they said I can only apply from March 2017, which is one year from when they received the PR application. It's neither the date 5 years from when I submitted info back (1-7-2015), nor one year from the date of the issue of the card.

I showed the foi to the NCS officer and begged her to find out the date of the actual PR, but she said nothing she can do.

So, I suppose waiting for the SAR, but it may mean an immigration lawyer in the end.

Or I could go to another council's NCS to try my luck

Not sure, any similar issues or advice

This whole thing seems to be a mess

Viktor

[ohara]

They are wrong. Don't bother getting a solicitor. Once your SAR arrives and confirms the date is more than 12 months ago, just go to NCS and tell them you want to submit the application regardless of what they 'think' is right.

Also they CAN find out the date on the phone. They did it at my appointment and it took about 10 seconds. I would suggest using a different council if you can.