HELP! Refused Citizenship-7 years in UK-student and worker

[monmonica]

Dear all,

Hope you're well.
I have applied for British Citizenship last year after 6 years of being in this country and it was refused.
Just a bit of a background:
I entered the country when I was 17 years old, when I joined A levels at a private school in London, and I was a minor only for 6 months. During this time, my uncle - an UK citizen- was my legal guardian in the UK.
My parents have never lived in the UK, however they supported me financially for the two years of A levels and after for 1 year at University. I have never claimed benefits and I had all legal documents in place.
In my second year of Uni, I started working part-time in order to support myself.

My application was refused based on the fact that I was a minor and during this time my parents were the ones supporting me financially and they weren't living in the UK.

For me it seems a bit strange that out of the 6 years I've been here ( now almost 7) they picked on the fact that I was a minor for 6 months. At the time it was a bit dishearten.

I am currently in full time employment and my question is if I need to have 5 years of employment to be able to apply again? or even for residence for then to be able to apply for citizenship again.

I would appreciate your thoughts on this. Have you encountered this sort of case before?

Many thanks,

Monica

[noajthan]

Welcome.

What is and was your immigration status in UK?
On UK or EU route?

[monmonica]

Hi,

I'm a EU citizen, originally from Romania.

[CR001]

Do you have a Document Certifying Permanent Residence?

[noajthan]

Hi,

I'm a EU citizen, originally from Romania.

An EU/EEA minor can still be a qualified person in own right (as a student or as selfsufficient) if they had the necessary finances and health insurance whilst in UK.
In that case parents would not have to be present in UK.

So you have grounds for reconsideration on that point if you met all other requirements.
Did you?

[monmonica]

Do you have a Document Certifying Permanent Residence?

Hi, at the time it was not required to have one.

[noajthan]

Hi,

I'm a EU citizen, originally from Romania.

An EU/EEA minor can still be a qualified person in own right (as a student or as selfsufficient) if they had the necessary finances and health insurance whilst in UK.
In that case parents would not have to be present in UK.

So you have grounds for reconsideration on that point if you met all other requirements.
Did you?

Even if not mandatory (at the time you applied), a DCPR would have helped your case.

Did you prove you were a qualified person in own right - even as a minor?

[CR001]

I have applied for British Citizenship last year after 6 years of being in this country and it was refused.

You said you applied last year? What date exactly did you apply?

[secret.simon]

I entered the country when I was 17 years old, when I joined A levels at a private school in London, and I was a minor only for 6 months. During this time, my uncle - an UK citizen- was my legal guardian in the UK.My parents have never lived in the UK, however they supported me financially for the two years of A levels and after for 1 year at University.

Did you have private health insurance or a non-UK EHIC card for this entire period? If not, this period does not count for the purpose of getting PR.

In my second year of Uni, I started working part-time in order to support myself.

Romanian citizens were required to register for work permits before 2014. Were you registered for such a work permit? Otherwise this period does not count for PR either.

You need to hold PR for atleast a year before applying for British citizenship.

If the answer to both questions above is in the negative, you only qualify for British citizenship in 2020.

[monmonica]

Hi all,

Thank you for taking the time to reply.

I was in boarding school for two years, If I remember right my EHC kicked in once I turned 18 ( and still in boarding school). Just to mention the boarding school registered all oversees/non UK students to NHS.

I have hold the yellow card ( that allowed me to work as a student) from 2012 August/September ( i think I applied early 2012 or late 2011), and the comprehensive insurance during this time.

So does this time during boarding school September 2009 to September 2011 is not considered at all? although I was living here?

I've applied in October 2016.

[secret.simon]

Just to mention the boarding school registered all oversees/non UK students to NHS.

NHS cover does not count. It has to be non-NHS health cover, either as an non-UK EHIC card or as private health insurance. Otherwise, that period does not count for the purpose of acquiring PR, which is a prerequisite for getting British citizenship.

my EHC kicked in once I turned 18

Was that a non-UK EHIC? Do you have the documentation to prove it?

I have hold the yellow card ( that allowed me to work as a student) from 2012 August/September ( i think I applied early 2012 or late 2011), and the comprehensive insurance during this time.

Ironically you don't need CSI if you were working. But it is good that you have both strings to your bow. That means that this period should definitely count.

When did your comprehensive health insurance coverage start? When did your EHIC start and from which country was it issued?

Could the mods move this thread to the EEA Route applications forum, as it is primarily about when the OP acquired PR, rather than a citizenship application?

[monmonica]

Just to mention the boarding school registered all oversees/non UK students to NHS.

NHS cover does not count. It has to be non-NHS health cover, either as an non-UK EHIC card or as private health insurance. Otherwise, that period does not count for the purpose of acquiring PR, which is a prerequisite for getting British citizenship.

my EHC kicked in once I turned 18

Was that a non-UK EHIC? Do you have the documentation to prove it?

I have hold the yellow card ( that allowed me to work as a student) from 2012 August/September ( i think I applied early 2012 or late 2011), and the comprehensive insurance during this time.

Ironically you don't need CSI if you were working. But it is good that you have both strings to your bow. That means that this period should definitely count.

When did your comprehensive health insurance coverage start? When did your EHIC start and from which country was it issued?

Hi Simon,

So the European Health Card was issued in Romania, and I provided proof of it for all years.
I was privately covered by insurance in the UK for a year- First year of university (2011-2012).
Also at the time Romanian citizens, despite being in the EU, needed the yellow card(as students) or blue cards in order to be able to work in the UK. Hence why I applied and as soon as it came back ( after 6 months) I started to work. Soon after the restrictions were lifted.

In terms of health insurance, I believe for the 6 months I was a minor I was under my parents insurance( i'll have to double check, might have been private health insurance) , and then once I turned 18 I was under the European Health Card. So technically I was covered in terms of health insurance at all times.

Hope this helps.

[secret.simon]

So the European Health Card was issued in Romania, and I provided proof of it for all years.I was privately covered by insurance in the UK for a year- First year of university (2011-2012). Also at the time Romanian citizens, despite being in the EU, needed the yellow card(as students) or blue cards in order to be able to work in the UK. Hence why I applied and as soon as it came back ( after 6 months) I started to work. Soon after the restrictions were lifted.

In terms of health insurance, I believe for the 6 months I was a minor I was under my parents insurance( i'll have to double check, might have been private health insurance) , and then once I turned 18 I was under the European Health Card. So technically I was covered in terms of health insurance at all times.

All this evidence should have been enclosed in your original citizenship application. If it was not, the refusal was correct.

What you can do now is gather the evidence (proof of your parents insurance covering you, proof of the Romanian EHIC cover, all private health insurance that you have had; the coverage must cover all the periods where you were not a worker or a job-seeker) and apply for a DCPR. Once you get DCPR, provided your date of acquisition of PR on the Home Office system is dated more than a year ago, you should be able to apply for naturalisation directly.

[CR001]

I've applied in October 2016.

The requirement to submit proof of PR, i.e. DCPR - Document certifying permanent residency, became mandatory on 12th November 2015.

[monmonica]

Hi Simon,

All information provided to the HRMC was in original, and even legalised translation of documents issued in Romanian.

Thank you for your answers.

[monmonica]

I've applied in October 2016.

The requirement to submit proof of PR, i.e. DCPR - Document certifying permanent residency, became mandatory on 12th November 2015.

Sorry CR001, I meant end of October 2015. I've received the rejected response in 2016.

[secret.simon]

All information provided to the HRMC

Hopefully you meant UKV&I (the immigration authority) and not HMRC (which is the tax authority).

Did you provide all the above proof of the insurance for all the periods that you were not a worker?

[monmonica]

All information provided to the HRMC

Hopefully you meant UKV&I (the immigration authority) and not HMRC (which is the tax authority).

Did you provide all the above proof of the insurance for all the periods that you were not a worker?

Yes, sorry. I believe the period I was a minor and on my parents insurance I have not included it in the documents provided. All the other was provided.
However when I got requested more documents I was not asked about insurance. I was queried about my parents not being here.

I'll go over the documents sent again, and review.

Thank you.

[noajthan]

All information provided to the HRMC

Hopefully you meant UKV&I (the immigration authority) and not HMRC (which is the tax authority).

Did you provide all the above proof of the insurance for all the periods that you were not a worker?

Yes, sorry. I believe the period I was a minor and on my parents insurance I have not included it in the documents provided. All the other was provided.
However when I got requested more documents I was not asked about insurance. I was queried about my parents not being here.

I'll go over the documents sent again, and review.

Thank you.

You need to have provided evidence that you were a qualified person despite being a minor.

If you did not then caseworker will have been looking for a Union citizen sponsor on whom you were a dependent.