Is a PR form required for the AN form or is QP enough?

[LordAston]

Hello,

I believe my situation is very similar to described below. I'm looking for an advice on what to do next, as i'm anxious what steps to take next.

I'm Polish National and I came to UK in 2005. At the time i applied for WRS (Worker Registration Scheme) in order to legally stay and work in UK as per rules at that time.
Then in 2007 i applied for Permanent Residence (called at that time 'Registration Certificate'). I can't recall i had option for Perm Residence. I believe now it's called QP.

I applied in August 2016 for Naturalization and supported my application with all documents and with full fee. After 3 month i received a rejection letter from HO saying i have not provided necessary documents (Permanent Residence) EEA PR. They have sent back both test certificates and ID Card, but Full FEE of circa £1200 has not been refunded.

After replying to them and sending a letter directly attaching my Blue Card - Residence Documentation - Registration Certificate. They replied within few weeks saying i need to fill in NR form - which is appeal for -cost £272 for reconsideration, without that they can't respond. They sent back all supportive paperwork i sent to them as well as slip for £80.00 refund of nationality fee.

According to GOV.UK Website - 'Getting permanent residence status' section

You automatically have 'permanent residence status' (sometimes called the 'permanent right to reside' if you've lived in the UK for 5 Years as a 'qualified person'

Can you please give me advice what is the best next action to take from there?

[*]Fill in NR form - to appeal and pay another £272.00 - which might be rejected and money lost again?
[*]Apply to residence permit EEA PR - £65.00 and then for naturalisation again (another £1200?)
[*]Go to solicitors for advice - pay money and legal costs etc?

Looking forward to hear from you

[noajthan]

Most unfortunate.

You cannot have acquired PR in 2007 if you entered UK in 2005.
You appear to have mistaken an EEA(QP) RC for a DCPR.

Since November 2015, in a bizarre turn of events, HO decided to make what is a merely optional and confirmatory document (DCPR/PRC) mandatory for those on EU migration route who are applying for privilege of citizenship.

You have no grounds to appeal as you have failed to meet requirements so the decision appears to have been 'correct'.

Solicitor cannot really help to address or expedite this; you appear fluent and, if reasonably methodical and organised, (and with good supporting documentary evidence available), you should be able to handle such applications (unless time-poor).

You need to apply for and acquire DCPR before applying to naturalise.
Use form EEA(PR).

On the plus side, once you have DCPR you may reapply for citizenship immediately (assuming all requirements can be/have been met) as you will have had the holy grail of PR status for well over 12 months already.

Be aware naturalisation fees may have increased by next year.

Suggest apply to naturalise via NCS (at local council); that way, keep vital documents and benefit from a final sanity-check to help avoid expensive mistakes.
Good luck.

[LordAston]

Hello,

Thank you very much noajthan for you reply with all suggestions.

I'm really upset because of the process which really is not needed. Apparently i will even not need this document after Brexit is completed.

I have finally received a Permanent Residence document.

So i was reading different topics on forums and majority of the people are suggesting to wait another 12 months after receiving DCPR

Have you got any suggestions, as to where is best place to get advice?

Also if now i will be re-applying to Naturalization do i need to fill in new paperwork, as i didn't scan the first application i filled in for naturalization? Or can i now formally appeal as i have all evidence for UKVI to review my application?

Appreciate your time and guidance.

[Richard W]

Your DCPR (or an accompanying letter) should state the date the Home Office believes that you acquired permanent residence. (These dates are, reportedly, usually wrong.) The requirement, in your case, for applying for naturalisation is that you have had permanent residence for at least 12 months. As you appear to have had PR (but not the DCPR) for several years, you may apply immediately.

Now, if people got the DCPR as soon as they attained PR, then the 12 month wait would be correct (for most people). However, as they don't get it immediately, the required wait is always less.

[LordAston]

Hello Richard,

The date i acquired permanent residence status based on UKVI letter is 2010

So this should put me in good place to do new application/ or shall i try to appeal old one?
It would save me some money?
£272 - appeal
£1282 - new application

I will use NCS service this time, as i don't want to lose any more money

[Richard W]

The date i acquired permanent residence status based on UKVI letter is 2010

So this should put me in good place to do new application/ or shall i try to appeal old one?
It would save me some money?

I'd say reapply. Only 'appeal' if you know of similar cases succeeding on 'appeal'. I think we would have heard by now if there had been successful appeals - and I haven't seen any reports of 'appeals' on this basis being successful.