Time limit to reconsider refused application

[Twinsky]

Hi,

Is there a time limit to reconsider refused British citizenship application? I've spoken to a solicitor today and I was told there is a 14 days time limit. I read on this board that there isn't any time limit. Application was refused in 2014. Is there any possibility we could still ask for reconsideration?

Many thanks for any information.

[secret.simon]

Why was your naturalisation application refused? Give us your immigration history and details.

I doubt that an application refused in 2014 can be reconsidered.

Form NR

[Twinsky]

Reason of refusal "not exercising treaty rights for 5 years".
It's actually my husband's application. He was on jsa for 10 months. We actually went to see a solicitor back in 2014 who said there is not much we can do so we just gave up. I'm quite sure we could have proved that he was a genuin jobseeker. I was just looking into DMG Memo 16/15 and according to that he was still exercising treaty rights.

[Twinsky]

Thank you for your reply.

[secret.simon]

Was he claiming income based JSA (JSA IB) or contribution based JSA (JSA CB)? The DMGs that you refer to are meant for DWP staff and the Home office has slightly different standards.

A jobseeker of more than six months needs to prove not only that he was seeking work, but also that he had a "genuine prospect of finding work".

Be aware that since November 2015, EEA citizens must apply for a DCPR before applying for naturalisation.

[Twinsky]

According to the letter from jobcentre he was receiving contributory jsa.


" At this six month point it is no longer acceptable for jobseekers to continue
to provide the evidence that they have been providing for the last six months.
Jobseekers must instead should that their circumstances have changed in such a
way that merits continuation of their jobseeker status"

Because he didn't find a job for so long he did a course and he also got his driving license. About a month later he had a new job. Shouldn't that prove that his circumstances changed significantly?

I have another question if that's ok.
If we can't request a reconsideration we'd like to apply for permanent residency. I have been exercising my treaty rights for over 7years as a self employed person. Can I include my husband as a "dependant" or does he have to have his "own 5 years". Is he exercising treaty rights through me? We are both from an A8 country.

Thank you for your advice.

[secret.simon]

As you are married, he can apply as your dependent when you apply for PR.

If he was working both before and after the jobseeking period AND you were also exercising treaty rights at the same time (through self-employment), he can also apply separately for PR based on five continuous years of (work+being the family member of an EEA citizen exercising rights+working). So your exercise of treaty rights would cover up/compensate for his job-seeking period.

[Twinsky]

Thank you. I think we just going to apply for permanent residency instead of asking for reconsideration. I wish i did some more research back than not just rely on what the solicitor said.
Just out of curiosity why did you ask what kind of jsa he was receiving., does it make any difference?