Refused because of wrong (EEA) permanent residence document - worth asking for reconsideration?

[AnNazol]

Today my application for British citizenship has been refused.

As a reason, HO said that I have not provided a document certifying permanent residence or a permanent residence card issued by Home Office. Initially, it was very confusing because I've provided a registration certificate issued by Home office. I thought maybe the problem is that the certificate was issued less than 12 months prior citizenship application.

But now, it's quite clear to me, that the "registration certificate" is not a "document certifying permanent residence". They are two different things (finally read "relevant information" on the back of blue residence documentation). Looks like last year (2016) I've made a massive (honest) mistake of filling EEA(QP) instead of EEA(PR) and I got a wrong document. I must have done some research on that and EEA(QP) seem to be enough to let me apply for citizenship once I get "registration certificate". I can't recall what was my thinking exactly. This year (August) when applying for citizenship I didn't realize I hold the wrong document. Maybe did the same research or made the wrong assumption again...

Anyway, the fact is that I've applied for citizenship with what seems to be a wrong document.

I feel that I should be granted citizenship, I met all requirements, have full employment history for 7 years including all WRS paperwork, passed all the exams, etc. It seems that I've made an honest mistake and to be fair my residency and employment requirements for EEA(PR) looked exactly the same for EEA(QP)...

Now I have 14 days to ask for my application to be reconsidered. Do you think asking for reconsideration has any sense?

My options are:

• Apply for reconsideration, ask for HO mercy, explain PR/QP confusion and hope that they take in into consideration - unlikely and will cost me £321 for NR (do you think HO will go for that?)
• Apply for reconsideration, ask for HO mercy asking if they would consider current application and let me apply for EEA(PR) and send it for current refused application when I get it - even more unlikely if possible at all and also will cost me £321 for NR + £65 for PR (do you think they could allow me to send PR at later date?)
• Admit defeat, apply for PR, wait couple of months for "document certifying permanent residence" and make fresh citizenship application - I think should happen 100% but will take 6-10 months and will cost £1282 for AN + £65 for PR, assuming HO won't change naturalization rules after Brexit (this is really expensive and lengthy)
• (do you have any other suggestions?)

Please give me your advice on options especially if you see some options I can't.

[swintooh]

Get the right document (DCPR) using the EEA(PR) form, make sure 12 months passed since the date you got the Permanent Residence status - this is written in the decision letter and not on the DCPR blue booklet or sticker, then re-apply.

The requirements about DCPR have been pretty clear, you made an expensive mistake. Trying to argue with Home Office will just cost you more money and time and I doubt that it would cause reverting the decision.

BTW, if you have a full 7 years employment history you should be given the PR status as of 2015, which in turn means you don't need to wait 12 months and can apply for naturalisation immediately. EEA DCPR now takes about 3 months, new AN applications are processed much quicker nowadays. I guess it will take you anything between 3-9 months or longer if you are unlucky.

[AnNazol]

Thank You for prompt response swintooh. This is the sad response I was expecting. Please don't get me wrong, you sound like you know what you're saying, but since your status says "Junior Member" I could use some second opinion from more seasoned board/forum member? Does anyone have a different view on my issue or you agree with swintooh?

[CR001]

A DCPR is mandatory since 12th November 2015 before you can apply for citizenship.

Asking for a reconsideration is a waste and will be refused as you have not provided a mandatory DCPR document for your application.

Admit defeat, apply for PR, wait couple of months for "document certifying permanent residence" and make fresh citizenship application - I think should happen 100% but will take 6-10 months and will cost £1282 for AN + £65 for PR, assuming HO won't change naturalization rules after Brexit (this is really expensive and lengthy)

This is your only option I am afraid. Naturalisation LAWS have nothing to do with Brexit.

[AnNazol]

Thank You.

[EdiJal]

Hello AnNazol.
I just made the same stupid mistake by sending wrong document. I sent EEA QP card instead of EEA PR. I didn't realised that there are too different cards which look so similar. MY NA has been refused as I didn't provided the right card.
My question is what did you do? Did you applied for reconsideration or did you give up that route and applied for EEA PR card without NR.
I would appreciated your help in this matter.
Thank you.

[AnNazol]

Really sorry to hear that. You must have felt like an idiot. I know how it is. If it is any help it took me a week to feel better with myself.

What I did is, I've contacted loads of immigration advisors and they all said not to bother with reconciliation. I've literally received my PR this week and about to reapply for NA.

Good luck.

[EdiJal]

I think I don't have really choice.
Thank you for your replay.

[stef01]

HI there
i happen to be in the exact same situation as you (applied for citizenship and got it refused because of the with the wrong residency card)
I now have the PR card as I lived here legally for 25 years. (I still not sure why I received the certificate instead!))
Shall I apply for reconsideration and would this be ok?
Or do I need to spend further 1339£ for a fresh application with right PermanentResidency card?
Thanks
Stefano

[kenska]

I just had my application refused because of that EXACT SAME problem. I remember that I followed a link on the gov website when I first wanted to apply for naturalisation. That link took me to a site where it clearly stated that EEA member state citizens didnt need to apply for PERMANENT residence documentation. Thats' why I got the Registration Certificate.

Anyway. Now signed up for the trial of 'Settled Status' online via Android App. you can get your settled status within 5 minutes and it counts the same as 'Indefinite Leave to Remain'. Believe it or not, when you follow the instructions on the App, it's asking if you have permanent residence documentation. And there, it actually says: make sure it's not a 'Registration Certificate'. I bet LOADS of us EU people have fallen for the same costly trap - there must have been something misleading us all to get this so wrong!!

Trouble is that the online naturalisation form hasn't been adjusted to allow using the EU Settled Status. I'm hoping to avoid having to wait another year as my husband is British though.

I am under quite some time-pressure now as Germany only allows dual nationality with EU member states. Can't afford to wait and see...
I have been in this country since 1996 and worked and paid taxes every year. Even been an employer and business owner for more than 12 years! Cant believe I am in this situation!

Wish me luck - I have 8 weeks

[Hioru]

They have updated the guide and the requirements booklet though.

[vinny]

You have ‘settled status’ under the EU Settlement Scheme:

To apply for citizenship with settled status you must usually have lived in the UK for 12 months after getting it.

Unless you are the spouse or civil partner of a British citizen.

[alterhase58]

I am under quite some time-pressure now as Germany only allows dual nationality with EU member states. Can't afford to wait and see...
I have been in this country since 1996 and worked and paid taxes every year. Even been an employer and business owner for more than 12 years! Cant believe I am in this situation!

1. Dual Nationality - refer to this link: https://www.auswaertiges-amt.de/de/auss ... tz/2119360. The law had it's first reading in the Bundestag on 31.1.2019 - this will allow German citizens in the UK to become dual nationals during the transition phase post 29.3.2019. So I wouldn't panic.
2. Unfortunately UKVI go strict by the requirements - even after more than 30 years in the country you have to prove your English proficiency!