British Citizenship refused - residence requirements

[LeezP]

Hi everyone,

First time posting on this board. I have been recommended this website by a friend who said it was very helpful in her whole process and the knowledge on here is vast. I need advice on what to do next and what my options are.

I am British National Overseas passport holder (Hong Kong) and first entered the UK on a Working Holiday visa in 2005. Met my husband (EU), got married. Applied for family permit first (EEA4) and 27 Aug 2013 have a permanent residence card in my passport (which has a 10 year renewal date). In light of Brexit I have decided to apply for citizenship. Have passed Life in the UK test and the CEFR level B1.1. Applied AN form in August. I had no issues filling out the form however I was in employment from 2008 till 2013 when I had my son and decided to quit work to be a full time homemaker supported by my husband. Documents supplied with the form were:

1. life in the uk test result
2. GESE CEFR certificate
3. P45s, P60 and monthly wage slips from the period working (2008 - 2013)
5. Council tax bills from the entire 5 year residence period
6. Letter from my son's nursery inviting him to attend Nursery
7. Passport
8. UK drivers licence

29th October 2016 receive a letter from the home office asking for original documents to be sent to their office: Alternative evidence of residence in the UK from 15/12/2013 to 26/08/2016.

In the second page they list alternative evidence of residence:
Employed/ unemployed: not in work and have never claiming benefits
Self employed or business person: n/a
Student: n/a
self-sufficient: they asked for statement of funds, assets and any other sources of income held
Retired: n/a

Sent a cover letter saying I was self sufficient, fully supported by my husband in my decision to be a homemaker, and bank statements from a joint account in mine and my husband's name covering the period, and our current house's title deed. Also, my son's birth certificate.

25th November 2016 received the letter that British Citzenship has been refused. Reason for decision: We wrote to you on the 29th October requesting documents in support of your application for British Citizenship. We have received your reply to our request but we cannot be satisfied from the comments available that you meet the residence requirement and your application is refused. Of course - application fee non refundable!

the same day rang up the general advice line as I gave all the documents they asked for and I suspected that because I am a homemaker somehow that doesn't qualify the "self sufficient" category?¬! Spoke to a very nice man and he said that it was "obvious" to him because he worked there that they were after Utility Bills! I explained that nowhere in either the Guide AN page 15: nor in the letter they sent me asking for additional documents was that said!

APPLICATIONS MADE ON THE BASIS OF RESIDENCE IN THE UNITED KINGDOM
Evidence of lawful residence during the 5 (or, if the applicant is married to or in civil partnership to a British citizen, 3) years before the date of the application
• Your passports OR say why you are unable to provide one on page 24 and supply
• Letters from employers, educational establishments or other Government Departments indicating the applicant’s presence in the United Kingdom during the relevant period

I have utility bills in my name covering that period but did not submit them because they weren't asked for and now feel very cheated because you think you can go on the information provided to you by filling out the form carefully and reading the guidelines etc. He said he can understand my frustration but that bank statements don't prove you live at an address, nor do council tax nor a title deed in your name!!!

PLEASE! Has anyone experienced this before and can advise me what any options are?

Thank you.

[noajthan]

Hi everyone,

...

25th November 2016 received the letter that British Citzenship has been refused. Reason for decision: We wrote to you on the 29th October requesting documents in support of your application for British Citizenship. We have received your reply to our request but we cannot be satisfied from the comments available that you meet the residence requirement and your application is refused. Of course - application fee non refundable!

the same day rang up the general advice line as I gave all the documents they asked for and I suspected that because I am a homemaker somehow that doesn't qualify the "self sufficient" category?¬! Spoke to a very nice man and he said that it was "obvious" to him because he worked there that they were after Utility Bills! I explained that nowhere in either the Guide AN page 15: nor in the letter they sent me asking for additional documents was that said!

APPLICATIONS MADE ON THE BASIS OF RESIDENCE IN THE UNITED KINGDOM
Evidence of lawful residence during the 5 (or, if the applicant is married to or in civil partnership to a British citizen, 3) years before the date of the application
• Your passports OR say why you are unable to provide one on page 24 and supply
• Letters from employers, educational establishments or other Government Departments indicating the applicant’s presence in the United Kingdom during the relevant period

I have utility bills in my name covering that period but did not submit them because they weren't asked for and now feel very cheated because you think you can go on the information provided to you by filling out the form carefully and reading the guidelines etc. He said he can understand my frustration but that bank statements don't prove you live at an address, nor do council tax nor a title deed in your name!!!

PLEASE! Has anyone experienced this before and can advise me what any options are?

Thank you.

Welcome.

Most unfortunate.
As you have discovered nothing can be taken for granted and HO plays hard ball.

No form of economic activity is required for the privilege of citizenship.
(My wife is a homemaker too - never worked in UK).

But you do need to prove presence/residency in UK and that any absences you may have enjoyed were within prescribed limits.
As a non-EEA national, stamped passports for past 5 years should suffice for residence purposes.
Do you have them?
- did you submit them all? (covering 2011+ and especially 2013+)

In absence of stamped passports then, yes, as much official and quasi-official documentation plus any other papertrail (including bills) should have been submitted.
In my wife's case, as she had full complement of stamped passports, the passports alone were enough to seal the deal.

Were the council tax bills (post-2013) in your/both names?
Were you on electoral roll?

Next steps
1) Suggest write back stating you included all fully stamped passports and council tax bills for relevant period (if you did).
You have no basis to do this and it depends on goodwill of caseworker but hey, its next to free (cost of stamp) - you lose nothing more by trying.

AND/OR
2) apply for reconsideration (fee payable) if you feel HO made an error or oversight in not considering documents you had submitted;
(can you prove that by a manifest or document list of what you originally submitted?)

AND/OR
3) reapply with rock-solid and unimpeachable evidence;

Include:

• Passports;
  utility bills;
  electoral roll/voter registration;
  medical records (health authority, doctor/dentist/optician etc);
  insurance (car/house);
  driver's license;
  any tax/council tax docs;

[LeezP]

Thank you so much for such a quick reply.

I did submit passport and UK licence and the AN form listing for absences was accurate. However, I don't have stamps in and out of every visit. Most visits were to my home country (Taiwan) or to my husband's home country (Poland) and a few other holiday visits to spain, malta etc. There are not stamps for the European country and when we visit Poland sometimes they stamp and sometimes they do not! (Don't know why!). I didn't submit my expired passport though. And my current passport is date of issue is 2010. Yes, the council tax bills are in joint name. I'm not unfortunately on the electoral role as I don't believe I'm allowed to vote. I do not have child benefit in my name either. (For some random reason I filed for it under my husband's name when my son was born) and am currently waiting on CF411A form to have the credits back dated to me - but that is another story.

I was thinking of writing the Home Office back and asking for more specific details on why it was refused. ie asking what paperwork do you actually require? that way, should they respond with a more specified list I can submit that letter back to them next time. Not sure if they would respond to this or not. ??

Having been suggested this website, I have been reading various posts and realise in hindsight I should have thrown every piece of paper with my name on it at them but I didn't know this at the time. I thought that by reading the guidelines and submitting paperwork they asked for that would be enough! Clearly not the case!

Also, I was looking this morning over what further paperwork I could submit and have a question: I do not have letters from my last 2 GPs stating I was registered with them - worth getting?
Question 2: over the last 2 utility companies I had online billing so any bills will be printed and no "so called originals" Would this make a difference?

[noajthan]

Thank you so much for such a quick reply.

I did submit passport and UK licence and the AN form listing for absences was accurate. However, I don't have stamps in and out of every visit. Most visits were to my home country (Taiwan) or to my husband's home country (Poland) and a few other holiday visits to spain, malta etc. There are not stamps for the European country and when we visit Poland sometimes they stamp and sometimes they do not! (Don't know why!). I didn't submit my expired passport though. And my current passport is date of issue is 2010. Yes, the council tax bills are in joint name. I'm not unfortunately on the electoral role as I don't believe I'm allowed to vote. I do not have child benefit in my name either. (For some random reason I filed for it under my husband's name when my son was born) and am currently waiting on CF411A form to have the credits back dated to me - but that is another story.

I was thinking of writing the Home Office back and asking for more specific details on why it was refused. ie asking what paperwork do you actually require? that way, should they respond with a more specified list I can submit that letter back to them next time. Not sure if they would respond to this or not. ??

Having been suggested this website, I have been reading various posts and realise in hindsight I should have thrown every piece of paper with my name on it at them but I didn't know this at the time. I thought that by reading the guidelines and submitting paperwork they asked for that would be enough! Clearly not the case!

Also, I was looking this morning over what further paperwork I could submit and have a question: I do not have letters from my last 2 GPs stating I was registered with them - worth getting?
Question 2: over the last 2 utility companies I had online billing so any bills will be printed and no "so called originals" Would this make a difference?

If you submitted a current passport from 2010 and caseworker is still not satisfied I suppose its in their power to request more information.
So a simple letter outside the process may not be enough.
Still no harm in trying, you won't be penalised.

Otherwise its reconsideration - but that's only to correct errors/omissions on part of HO so you have to be able to show there was one.
You may have a case based on council tax bills in both names.
Note There is no time limit for reconsideration and there is no guaranteed timeline for a reconsideration process - it could take a year or more.

Otherwise bite the bullet and reapply...

No need to write to ask ask what to send.
You should now assemble a papertrail of any/all possible supporting paperwork.
Yes, letter from GP would be good. Also copy of NHS letter (NHS number) from regional health authority.

Suggest change CB to both names or your name if you can.

Online documents are generally not accepted. If you send them they may be disregarded unless you can get them 'stamped' by the issuer.

Pro tip: Keep scans/copies of all evidence you send. Also of letters, forms, payment forms. For ever.
Even if applying via NCS.

It appears you may be eligible to register to vote - if so get registered:

Any previous resident of Hong Kong who holds a British Dependent Territories, British Nationals (Overseas) or British Overseas passport meets
the nationality criteria for all elections in the UK.

Ref http://www.electoralcommission.org.uk/_ ... h-2010.pdf

You will get there in the end.
Good luck.

[secret.simon]

Because you are the spouse of an EEA citizen, your passport ought not to get stamped by any EEA country including the UK, especially if you are also carrying a Residence Card or Permanent Residence Card of any EEA country.

If you acquired PR in 2013, there is a good chance that there is no UK entry stamp in your non-EEA passport at least post 2013.

The above rule also means that your passport is not sufficient proof that you have not been absent from the UK in that period.

So, you will need to rely on other forms of proof that you were present in the UK in that period. I believe (I could be wrong) that official correspondence such as utility bills, council tax bills, bank statements addressed to you at your UK address for that period (ideally for all five years) would need to provided for a re-application.

I would suggest searching in the EEA-Route Applications forum and in this (British citizenship) forum for what alternate proofs other people submitted to demonstrate absences (or lack thereof) from the UK.

As Noajthan has mentioned, as a BNO, you are eligible to register to vote and indeed, could have voted in the Referendum if you had been registered. It is highly recommended that you register to get your name on the Electoral Register.

[noajthan]

Good point Simon.

I was thinking OP was using some sort of HK/BNO connection rather than EEA.

The EEA connection is clearly the reason for the caseworker's follow up request.
But (assuming they covered the last 5 years and not the 5 year qualifying period for PR) its unfortunate that the papertrail of CT bills did not prove enough to satisfy her.

[LeezP]

Thanks for the replies.

I am very surprised I am allowed to register to vote. Hadn't realized this! Registered to vote on Sunday, got onto utility companies to request paper trail and they were very obliging. Requested change CB to my name today. Surprised to find confirmation letters that I am their patient from doctors and dentists charging £20-£30!! I haven't been to the doctor or dentist much so there isn't much of a paper trail and I only started driving this year so have no car insurance until now.

I am seriously considering writing the case worker to query her refusal. I feel that following AN guidance notes and their list of requested documents in good faith has cost me the loss of the handling fee and surely they should specify what they require more clearly so that other every day citizens like myself don't follow the same unfortunate fate. I know you said there is no requirement for them to reply. Do you think this is worth trying and will this influence if I apply again?

Also, when I apply again would I include their initial refusal letter?

Thanks again for all advice.

[secret.simon]

Actually, the refusal may have been justified if you did not provide proof of residence/absence for the past five years. As mentioned in my previous posts, because you were on the EEA route, passports are not sufficient proof of residence.

If you had not included the proof in your earlier application, I would suggest a reapplication.

[Angie77]

Sorry to be nosy but did you have the Residence permit valid for 5 years and then the Permanent residence valid for 10 but never had you passport stamped when arriving and leaving the country on holidays? Is that correct?

I got a bit worried because and also a Non-EU immigrant PRC holder, as my partner is European, who are about to apply for BC.
I never had my passaports stamped when going on holidays I only have a entry cleareance stamp which was valid for 6 months when I first came to the UK, a 5 years Residence permit and now a 10 years Permanent residence card. I thought that would suffice to prove residence
Was this your case?

[noajthan]

Thanks for the replies.

I am very surprised I am allowed to register to vote. Hadn't realized this! Registered to vote on Sunday, got onto utility companies to request paper trail and they were very obliging. Requested change CB to my name today. Surprised to find confirmation letters that I am their patient from doctors and dentists charging £20-£30!! I haven't been to the doctor or dentist much so there isn't much of a paper trail and I only started driving this year so have no car insurance until now.

I am seriously considering writing the case worker to query her refusal. I feel that following AN guidance notes and their list of requested documents in good faith has cost me the loss of the handling fee and surely they should specify what they require more clearly so that other every day citizens like myself don't follow the same unfortunate fate. I know you said there is no requirement for them to reply. Do you think this is worth trying and will this influence if I apply again?

Also, when I apply again would I include their initial refusal letter?

Thanks again for all advice.

Doctors/dentists probably have better things to do with valuable time hence the charges to modulate the requests made of them.
You could also submit any routine letters you may have received from medical practices regarding checkups and so on to help indicate residence.

As you are clearly an EU dependent a simple follow up letter is unlikely to cut the mustard.

Reconsideration (on basis you submitted CT bills - assuming you submitted them for the appropriate period) can take a long time.

if you reapply your refusal will be on file so no need to include the refusal letter.

[LeezP]

Hi Angie,

Yes, you are right. I have had the 5 year family permit, followed by the 10 year permanent residence card. I didn't get stamps in and out of every EU country visited. It seems the moderators suggest I should have looked more into the guidance for EEA routes than the standard British citizenship guidance.

If you are planning to apply for citizenship and have gone the EEA route like me I would advise you that your passport is definitely not enough. I submitted, P45s, P60s (for 2 of the 5 years), council tax bills and bank statements for the entire 5 year period and that was deemed to be "inadequate!!"

It looks like I have no choice but to re-apply and the fee again...
I feel particularly cheated because I submitted the paperwork I did based on the information and guidance and it was not what they were after. Am working on getting as much additional "proof of residence" paperwork together for this now.

[noajthan]

I got a bit worried because and also a Non-EU immigrant PRC holder, as my partner is European, who are about to apply for BC.
I never had my passaports stamped when going on holidays I only have a entry cleareance stamp which was valid for 6 months when I first came to the UK, a 5 years Residence permit and now a 10 years Permanent residence card. I thought that would suffice to prove residence
Was this your case?

No, those items do not prove residence in the context of naturalisation.
For example, they don't prove applicant was physically present in UK 3/5 years before date of application (as case may be);
nor do they prove any absences were in compliance with requirements for citizenship (as compared to requirements for maintaining continuity of residence and PR).

And, to naturalise, proof of residence is required for past 3/5 years.
A RC or PRC may well have covered different periods of time (over a 5 year span) back into the dim and distant past.

[Angie77]

Thanks for replies! OMG! I am panicking now! I was told previously that only passports with stamps would suffice. I have been in employment for the whole time I have been in UK but I do not have all P60s and a recently changed jobs. Should I request an employment historic? Or a selection of payslips would be ok?

[Angie77]

Hi Angie,

Yes, you are right. I have had the 5 year family permit, followed by the 10 year permanent residence card. I didn't get stamps in and out of every EU country visited. It seems the moderators suggest I should have looked more into the guidance for EEA routes than the standard British citizenship guidance.

If you are planning to apply for citizenship and have gone the EEA route like me I would advise you that your passport is definitely not enough. I submitted, P45s, P60s (for 2 of the 5 years), council tax bills and bank statements for the entire 5 year period and that was deemed to be "inadequate!!"

It looks like I have no choice but to re-apply and the fee again...
I feel particularly cheated because I submitted the paperwork I did based on the information and guidance and it was not what they were after. Am working on getting as much additional "proof of residence" paperwork together for this now.

I don't understand why that was not enough It is enough for PR why it is not enough for BC! I am really puzzled.
Did you send evidence for the last 5 years? Or it was from the 5 years before 2013?

[LeezP]

Hi Angie,

I sent evidence for the 5 years required for naturalisation. It seems they were happy with the 2 years I was employed but not with the bank statements and council tax for the last 3 years.

[noajthan]

Hi Angie,

I sent evidence for the 5 years required for naturalisation. It seems they were happy with the 2 years I was employed but not with the bank statements and council tax for the last 3 years.

There's two aspects to this: settled status (freedom from immigration time restrictions) and residence.