Status of pre 2000 ILRs

[aledeniz]

An EEA citizen applied for BC through AN in 2016. The application has been refused, because it was not backed by a DCPR, but by a mid 80s residence permit endorsed with a permanent leave to remain. The applicant appealed, but was refunded the fees, and requested to produce a DCPR for a new application to be considered. The applicant may have an old passport with a ILR stamp, but this apparently was never produced or requested by the HO, and the applicant thought it was irrelevant.

I did look up The British Nationality (General) (Amendment No. 3) Regulations 2015, and it lists 4 types of certifications ("forms" of "information"):

"(a)a permanent residence card,

(b)a document certifying permanent residence,

(c)a residence document issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely, or

(d)a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely.”."

It lists residence documents and permits endorsed by ILR, but post 2000.

What about EEA citizens with ILRs or other certifications proving settled status issued before the October of 2000?

Were they forgotten, or were those settled rights not derived by EU rights or EC Act rights?

If they were forgotten, do they really need to request a DCPR now, to fulfil the AN requirements?

[alterhase58]

This is worrying....
My application was submitted end August 2016.

I was issued with a Residence Permit (blue trifold) for EEC Citizens in December 1979 (based on EEC Regulation dating back to 1968). In December 1984 I received a letter from the Home Office stating "... there are no longer any restrictions on the period for which you may remain in the United Kingdom ...You are now free to remain permanently in the United Kingdom, and you are exempt from all police registration requirements...". My permit and passport were stamped accordingly.

Submitted permit and letter via NCS (not old passport). NCS recognised and was ok with the documents. Before then I also spoke to the HO and was told that I should submit the documents showing that PR/ILR had been granted - I appreciate now from the discussions here that verbal advice from HO may not necessarily be relied on .....

Is it time for panic stations? Clearly I am still waiting for any response. Would it be prudent to send a letter now inquiring as to status, or wait until I receive the decision, either way? Or apply for DCPR just in case. Thought my application was straightforward ....

[vinny]

The applicant may have an old passport with a ILR stamp, but this apparently was never produced or requested by the HO, and the applicant thought it was irrelevant.

I think the applicant may produce the ILR stamp with evidence that it had not lapsed.

[alterhase58]

The applicant may have an old passport with a ILR stamp, but this apparently was never produced or requested by the HO, and the applicant thought it was irrelevant.

I think the applicant may produce the ILR stamp with evidence that it had not lapsed.

I don't want to hijack this thread, but OP clearly got me worried about my own application.
My evidence, apart from the original HO documentation included employer letter (30 years with same employer), also been at the same address 30 years, and married to BC for 30 years (which probably doesn't count....). Expect I just have to wait for the decision letter.

[LilyLalilu]

alterhase, according to guide AN I assume you should be fine as it implies that the sections regarding EEA PR and Document Certifying Permanent Residence only apply to applicants who do not hold Indefinite Leave to Remain:

"2.4 – 2.6 If you are a national of a member state of the EEA, or the family member
of an EEA national, and do not have indefinite leave to remain in the United Kingdom
you should complete these sections. Please refer to section 6 of the Booklet AN for
further guidance." (p.9)

As you have provided proof of your ILR along with proof that it has not lapsed (in the form of employer letters) you should be fine. Of course, an inexperienced caseworker may still reject your application by mistake but then you'd definitely have grounds for reconsideration and I believe that your application would eventually be successful.

[alterhase58]

@LilyLalilu
Thanks for your feedback - I should really heed my own advice to be patient, but there are so many diverse messages and scenarios coming through one just wonders where one could have gone wrong.
Fingers firmly crossed and waiting for the response - August looked like a good month for speedy approvals.

[aledeniz]

An EEA citizen applied for BC through AN in 2016. The application has been refused, because it was not backed by a DCPR, but by a mid 80s residence permit endorsed with a permanent leave to remain. The applicant appealed, but was refunded the fees,

To clarify, in appeal the application was rejected, not refused, hence the refund of the fees.

[alterhase58]

@LilyLalilu
Thanks for your feedback - I should really heed my own advice to be patient, but there are so many diverse messages and scenarios coming through one just wonders where one could have gone wrong.
Fingers firmly crossed and waiting for the response - August looked like a good month for speedy approvals.

Panic over !!!

Came home to find the brown envelope with approval - Hopefully ceremony next Tuesday (every Tuesday for Bucks County Council). This was approx. two months from submission at NCS.

@aledeniz: hope you or friend will be able to recommence application at some stage.