British Citizenship Refused - UK Registration Card not provided

[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 Permanent Residency card?
Did anyone applied for reconsideration under same circumnstances and got the application valid?
I am afraid to waste even more money as they will refuse again for whatever reasons...
But I really dotn wana waste more 1330£ for a new application.
Thanks
Stefano

[IcikePicike]

Last week I took the advice of friends and family who are all extremely aware and alert to the current climate in our country, to write to my MP, which was a very satisfying and positive experience. I had a written reply within five days with the update that she has taken my case to the Home Office with the request to review my application. Since I'm an active member of the Green Party and have been a council candidate on several occasions, I also wrote to my party leader the fabulous Caroline Lucas MP and to my Green Party MEP, Jean Lambert. Who both also responded within days with the promise of following my case up with the HO and the EU parliamentary group dealing w/ immigration and citizenship.

And to round it all up, I forwarded my letters and responses to The Guardian and The Independent newspapers.

I strongly recommend that you all make your voice heard. Write to your MP, write to your MEP, write to the media. Outline your case in detail. Putting pressure on the HO to at least stop this ridiculous mechanism of not refunding in case of failed applications; forcing parity between how British citizens are being treated in your home countries and how you are being treated here; adding to the volume of complaints about the hostile HO, from Windrush victims to long time immigrants with a clearly earned right to get accepted for citizenship. Only because it says so, doesn't mean you have to take it on the chin. Speak up!

It might still lead to nothing, but it's worth a try.

You are wasting your time, just keep your head down and get on with it. Focus on something more productive than telling the Brits how to run their country - friendly advice from one immigrant to another.
You'll get much further with that attitude.

[MSPolska]

I since reapplied for DCPR and was issed one and I acquired PR in 2012. I also made another naturalusation application and I am now a British Citizen.
I have weitten to HO asking for a refund. The second time when they sent the PR card it had a ketter accompanying it. I feel even more strongly now that a letter should have been sent together with the Registration Certificate as it was at that point I belueved I had the correct document. If a letter is sent with the dicument I applied for, then a letter would have been even more appropriate if a different card is sent folliwing an application.

Tbc

[MSPolska]

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 Permanent Residency card?
Did anyone applied for reconsideration under same circumnstances and got the application valid?
I am afraid to waste even more money as they will refuse again for whatever reasons...
But I really dotn wana waste more 1330£ for a new application.
Thanks
Stefano

Stefano, I started all over and now been accepted and since become a British Citizen. But I still feel the way HO handle the PR and issue dufferent cards is unfar to say the least. Clearly it is an easy mistake that ends up costing us so much. I wish you best of luck.

[MSPolska]

Last week I took the advice of friends and family who are all extremely aware and alert to the current climate in our country, to write to my MP, which was a very satisfying and positive experience. I had a written reply within five days with the update that she has taken my case to the Home Office with the request to review my application. Since I'm an active member of the Green Party and have been a council candidate on several occasions, I also wrote to my party leader the fabulous Caroline Lucas MP and to my Green Party MEP, Jean Lambert. Who both also responded within days with the promise of following my case up with the HO and the EU parliamentary group dealing w/ immigration and citizenship.

And to round it all up, I forwarded my letters and responses to The Guardian and The Independent newspapers.

I strongly recommend that you all make your voice heard. Write to your MP, write to your MEP, write to the media. Outline your case in detail. Putting pressure on the HO to at least stop this ridiculous mechanism of not refunding in case of failed applications; forcing parity between how British citizens are being treated in your home countries and how you are being treated here; adding to the volume of complaints about the hostile HO, from Windrush victims to long time immigrants with a clearly earned right to get accepted for citizenship. Only because it says so, doesn't mean you have to take it on the chin. Speak up!

It might still lead to nothing, but it's worth a try.

You are wasting your time, just keep your head down and get on with it. Focus on something more productive than telling the Brits how to run their country - friendly advice from one immigrant to another.
You'll get much further with that attitude.

I will wait for my complaint outcome and, if needed will also search help from MP's. I've heard this happens too many times to too many people to just ignore it.

[MSPolska]

Since it is a mistake easily made. Why would the HO not make it clearer since it is a common mistake that cost so many. Least put a note about it.

You would have needed to look at your residence card to complete Form AN, where is specifically asks for the below. Only a small number members on the forum have however made this error when applying for citizenship since it became mandatory to hold a DCPR on 15th Novemer 2015.

https://www.gov.uk/government/uploads/s ... 02-18_.pdf

State the number of your Permanent Residence card and the date of issue:

Page 15 of the form AN Guidance notes also states :

https://www.gov.uk/government/uploads/s ... feb-18.pdf

Evidence that you are considered permanently resident in the UK
• A document certifying permanent residence or a permanent residence card issued by the Home Office.

An acknowledgement saying "we didn't issue the Residence card what you applied for, but please find a Residence certificate"

I agree that you should have received a letter stating what has been issued instead of PR. Are you sure you didn't get anything at all either with your supporting documents or your actual RC??

As an aside, when you apply for PR, you get a letter with your card stating the date that you automatically acquired PR, which is usually a different date to the one on the card.

There certainly was no letter with first card. And, yes, second time round a letter accompanied the DCPR card saying I acquire PR in 2012. This is why I feel even more strongly that a letter should have been issued when they sent a card I didn't appky for, as that was the ONLY reason my application was refused. I have since reapplied with thr same documents as before with the only exception being the correct PR document and I am now a British Citizen. A very bitter-sweet experience overall. My husband thinks the whole process was appalling.

[julitabrz]

I since reapplied for DCPR and was issed one and I acquired PR in 2012. I also made another naturalusation application and I am now a British Citizen.
I have weitten to HO asking for a refund. The second time when they sent the PR card it had a ketter accompanying it. I feel even more strongly now that a letter should have been sent together with the Registration Certificate as it was at that point I belueved I had the correct document. If a letter is sent with the dicument I applied for, then a letter would have been even more appropriate if a different card is sent folliwing an application.

Tbc

Hi,
How the Residency Card look like and how the certificate? I did application for RC in 2017 and I was issued with the blue paper (6 pages) and it is called UK Residency Documentation for a national of anEEA State. Is this correct as I am confused now.

[CR001]

I since reapplied for DCPR and was issed one and I acquired PR in 2012. I also made another naturalusation application and I am now a British Citizen.
I have weitten to HO asking for a refund. The second time when they sent the PR card it had a ketter accompanying it. I feel even more strongly now that a letter should have been sent together with the Registration Certificate as it was at that point I belueved I had the correct document. If a letter is sent with the dicument I applied for, then a letter would have been even more appropriate if a different card is sent folliwing an application.

Tbc

Hi,
How the Residency Card look like and how the certificate? I did application for RC in 2017 and I was issued with the blue paper (6 pages) and it is called UK Residency Documentation for a national of anEEA State. Is this correct as I am confused now.

1. You should continue in your own topic you already have.

2. Your residence card MUST be a DCPR (document certifying permanent residence) and must state this clearly. If yours only states Residence Card, then it is not a PR card.

[HelenM]

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 Permanent Residency card?
Did anyone applied for reconsideration under same circumnstances and got the application valid?
I am afraid to waste even more money as they will refuse again for whatever reasons...
But I really dotn wana waste more 1330£ for a new application.
Thanks
Stefano

Hi Stefano,

The same thing just happened to me, did you end up re-applying from the start?, did they explain why they didn't send permanent residence card but instead sent you a useless residence certificate when that is not what you applied for? There was no letter in mine explaining that my permanent residence application had failed in any way. Naturally I thought the residence document received was what I had applied for. How silly of me. Instead they set me up to fail and lose £1300 and waste my time. Does anyone know that if I go through this process again if I can get a refund for my application?? Thanks.

[CR001]

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 Permanent Residency card?
Did anyone applied for reconsideration under same circumnstances and got the application valid?
I am afraid to waste even more money as they will refuse again for whatever reasons...
But I really dotn wana waste more 1330£ for a new application.
Thanks
Stefano

Hi Stefano,

The same thing just happened to me, did you end up re-applying from the start?, did they explain why they didn't send permanent residence card but instead sent you a useless residence certificate when that is not what you applied for? There was no letter in mine explaining that my permanent residence application had failed in any way. Naturally I thought the residence document received was what I had applied for. How silly of me. Instead they set me up to fail and lose £1300 and waste my time. Does anyone know that if I go through this process again if I can get a refund for my application?? Thanks.

You do not get a refund of the application fee if your citizenship application has failed and been refused. You get the £80 ceremony fee refunded only. It is always the applicants responsibility to make sure they meet all the requirements for citizenship, including holding the correct document to prove PR or ILR>

[secret.simon]

Also see this post about the difference between a Residence Certificate and a DCPR.

[HelenM]

Do you think that once I have the DCPR I should apply for reconsideration or start with an entirely new application for BC?

New application, because the old application was decided correctly based on the evidence attached by you to that application.

Reading through it seems to me that many people make a similar mistake to me. Since it is a mistake easily made. Why would the HO not make it clearer since it is a common mistake that cost so many. Least put a note about it.
Not everyone can just throw away all that money for goodness sake.
An acknowledgement saying "we didn't issue the Residence card what you applied for, but please find a Residence certificate" wouldn't cost them much but would have saved me £1300 and more!

Is there anywhere to make a complaint? Clearly no use for me, but it might help others in the future if it was changed.

Forums like this are wonderful but people wouldn't read it until it happens to them.

Yep this literally just happened to me. Cost me £1300+ and I am furious. About to send them a complaint letter. Did anyone manage to get a refund for that money? If your permenant residence card application is refused or rejected you are meant to get a letter explaining why, than I would have corrected my application and none of this mess would have happened. If your application is succesfull you are meant to get the RIGHT document. No where online does it say they may send you the a USELESS Residence Certificate which is not what you applied for under some circumstance...nowhere...Instead they set you up to fail and lose £1300. Has the Home Office admitted this as being a mistake? If it is normal procedure why is this outcome not documented online?

[HelenM]

I would suggest a pause.

The Home Office would look at the evidence that you provided when you applied for the DCPR with the EEA PR form and only issue a DCPR if they were satisfied that you had actually acquired PR. If they were not satisfied that you had acquired PR, but you had proven that you were exercising treaty rights at the time of application, but for less than five years, then they were correct to issue a Residence Certificate. That is the correct procedure.

So, let's pedal back a bit. What evidence did you provide to prove that you had exercised treaty rights for five continuous years in the past and that you did not have absence of more than two years per absence after acquiring PR from the UK? How had you exercised treaty rights in the past? Remember that mere presence in the UK does not count as exercising treaty rights and there are strict rules on how long you may have been job seeking. Also, time on being a student or being self-sufficient does not count if you did not have either CSI (private health insurance) or a non-UK EHIC card.

Based on your response, I suspect that we will first need to look at your permanent residence and only then progress towards naturalisation.

I can't seem to find the quote, but after a bruising battle with the Home Office (under the much tougher UK Immigration Rules), a person on these forums noted that the way to win with the Home Office is to follow process. The Home Office is a plodding procedural beast. The closer you conform to the required procedure, the faster it will move for you. So, try to think like the Home Office, rather than what you think is right or ought to be.

You said "That is the correct procedure." for the HO sending something other than the document you applied for. Where is this documented that that is correct procedure? How am I supped to know that this is a possible outcome to my application when the only documented outcomes on HO website are that your application for a permeant residence card can be successful (get the right card + letter) or unsuccessful (rejection letter explain why). EU nationals have absolutely no use for an Registration Certificate, it would have saved everyone a lot of money and grief if our application for permeant residence was unsuccessful instead of being let to believe that it was successful and we had the right document. Do you really think the HO doesn't know that?

[HelenM]

I would suggest a pause.

The Home Office would look at the evidence that you provided when you applied for the DCPR with the EEA PR form and only issue a DCPR if they were satisfied that you had actually acquired PR. If they were not satisfied that you had acquired PR, but you had proven that you were exercising treaty rights at the time of application, but for less than five years, then they were correct to issue a Residence Certificate. That is the correct procedure.

So, let's pedal back a bit. What evidence did you provide to prove that you had exercised treaty rights for five continuous years in the past and that you did not have absence of more than two years per absence after acquiring PR from the UK? How had you exercised treaty rights in the past? Remember that mere presence in the UK does not count as exercising treaty rights and there are strict rules on how long you may have been job seeking. Also, time on being a student or being self-sufficient does not count if you did not have either CSI (private health insurance) or a non-UK EHIC card.

Based on your response, I suspect that we will first need to look at your permanent residence and only then progress towards naturalisation.

I can't seem to find the quote, but after a bruising battle with the Home Office (under the much tougher UK Immigration Rules), a person on these forums noted that the way to win with the Home Office is to follow process. The Home Office is a plodding procedural beast. The closer you conform to the required procedure, the faster it will move for you. So, try to think like the Home Office, rather than what you think is right or ought to be.

You said "That is the correct procedure." for the HO to send back something you didn't ask for/ apply for. Where is this documented that that is correct procedure? How am I supped to know that this is a possible outcome to my application when the only documented outcomes on HO website are that your application for a permeant residence card is successful (get the right card + letter) or unsuccessful (rejection letter explaining why). EU nationals have absolutely no use for an Registration Certificate (which the HO acknowledges onine), it would have saved everyone a lot of money and grief if my application for permeant residence was unsuccessful instead of being let to believe that it was successful and I had the right document to apply for citizenship. It's almost like they are purposefully setting you up to fail and lose £1300. I agree with your last paragraph, my objection is to your comment that this is correct prodeure.

[HelenM]

Do you think that once I have the DCPR I should apply for reconsideration or start with an entirely new application for BC?

New application, because the old application was decided correctly based on the evidence attached by you to that application.

Reading through it seems to me that many people make a similar mistake to me. Since it is a mistake easily made. Why would the HO not make it clearer since it is a common mistake that cost so many. Least put a note about it.
Not everyone can just throw away all that money for goodness sake.
An acknowledgement saying "we didn't issue the Residence card what you applied for, but please find a Residence certificate" wouldn't cost them much but would have saved me £1300 and more!

Is there anywhere to make a complaint? Clearly no use for me, but it might help others in the future if it was changed.

Forums like this are wonderful but people wouldn't read it until it happens to them.

Yep this literally just happened to me. Cost me £1300+ and I am furious. Did you find out how we can complain so that this doesn't continue to happen? If my permenant residence card application was refused or rejected, I would have got a letter explaining why, than I would have corrected my application and none of this mess would have happened. If your application is succesfull you are meant to get the RIGHT document. No where online does it say they may send you the a USELESS Residence Certificate which is not what you applied for under some circumstance...nowhere....If it is normal procedure why is this outcome not documented online?

[laranjeiro]

This just happened to me and I am furious. I was so careful with the whole process. I never suspected I didn't have the permanent residency. I applied for permanent residency and got a document from the Home Office. How was I supposed to know that I got something I didn't apply for?
I have been in the country for 5 years, I have provided all the documents I thought relevant, (P60, P45, bank statements, ...) and I don't even know why I didn't got the PR.

When I was applying for the citizenship, my documents were verified by UK Visa and Citizenship Application Services. Why didn't they flag this?

This seems very unfair, frustrating and expensive. Has anyone had any luck overturning this? Is there a place where I can complain? I see another member wrote to the local MP but there was no follow up.

[CR001]

This just happened to me and I am furious. I was so careful with the whole process. I never suspected I didn't have the permanent residency. I applied for permanent residency and got a document from the Home Office. How was I supposed to know that I got something I didn't apply for?
I have been in the country for 5 years, I have provided all the documents I thought relevant, (P60, P45, bank statements, ...) and I don't even know why I didn't got the PR.

When I was applying for the citizenship, my documents were verified by UK Visa and Citizenship Application Services. Why didn't they flag this?

This seems very unfair, frustrating and expensive. Has anyone had any luck overturning this? Is there a place where I can complain? I see another member wrote to the local MP but there was no follow up.

How long exactly have you been in the UK?? How many years do you have of exercising treaty rights as a qualified person? You state you have been here for 5 years, how do you qualify for citizenship then??

UKCVAS are not immigration advisors. It is always the applicants responsibility to make sure they meet the requirements.
Ho

[laranjeiro]

[/quote]
How long exactly have you been in the UK?? How many years do you have of exercising treaty rights as a qualified person? You state you have been here for 5 years, how do you qualify for citizenship then??
[/quote]

I have been in the UK since September 2013. I had a work contract and I arrived on a Sunday and started working on the Monday. I left my first company on December 2014 and created my own business in March 2015. I have now discovered my first company never declared my tax and there are gaps.

[/quote]
UKCVAS are not immigration advisors. It is always the applicants responsibility to make sure they meet the requirements.
Ho
[/quote]

It is not an easy process it's up to the applicants to know if everything is correct. As you can see this is a common problem that keeps happening. This thread started in 2013 and it's 2019 and the same problem happens. Surely the Home Office should have take measures to clarify this situation unless they don't care and it's always nice to have an extra £1300 without much work. I would like to see some stats to verify how much money is the Home Office making from this.

UKCVAS deals with this everyday. Surely they could have check this one document and notify the person before applying. I did ask the guy and he said all the documentations i correct.
This is my problem exactly, no one is an advisor and it's up to the applicant to decode the complex rules. I did read a lot of information trying to make it right but never in a million years had I thought I had the wrong document. It's so simple, make it a different color. That's it. Blue for Permanent Residency, yellow for residence certificate. Then state in the check list for applying to the British citizenship you need the Blue document.

Is this too much to ask?

[joeano353]

If you read the guidance notes, you will see all the requirements. There are 100s of people applying every day and a few do make mistakes. There could be a few corrections made like the colour of the card, but would it make a difference to those who cannot differentiate between a residence card and permanent residence card? If you just fill out a form blindly without verifying details you are bound to make mistakes. The rules are not complex, its the people who are careless when filling the form. Also UKVAS only scans and verifies that all the scanned documents are clear for processing without the original. They do not advise. It is not also a government department but a private firm. It is pathetic that people can accuse HO of trying to make money out of people's mistakes. I don't believe for a moment it can be true.

[laranjeiro]

Fair enough, I am human I make mistakes. You say only a few make mistakes. Do you have any numbers to back that claim? It's pointless to discuss whose fault is it but we can discuss the process and if it the process can be improved, why not?

[Maplankawill]

Hi
I suspect you tendered your application a bit too early, if you aquired your PR in September 2018, then you would normally qualify to apply for BC 12 months after that ie, September 2019. Have you thoight about that?

[joeano353]

Fair enough, I am human I make mistakes. You say only a few make mistakes. Do you have any numbers to back that claim? It's pointless to discuss whose fault is it but we can discuss the process and if it the process can be improved, why not?

It is sad some people make this forum a debating chamber. This is for exchange of information and advice. Rules are made by HO with inputs from various govt. dept. Demanding statistics !. We can do absolutely nothing. HO does not even respond with details to MPs. This forum is not a govt. help line or whitepaper whereby we can provide our tips to HO. You have made a mistake and lost hard earned money. The solution is to reapply when you are eligible. Obviously you are not eligible as yet and it is the applicants duty to do due diligence. A vast majority join this forum before applying. They get the information and read carefully the phrase "document certifying permanent residence" as opposed to Residence Card.

[laranjeiro]

I forgot to add that I am married to a brit and that means I fit all the criteria to apply for citizenship. My only problem was getting the residency certificate instead of the permanent residency. I still argue that there are too many similarities between there too. I read all the guides and to my best knowledge I fit all the criteria. All the information I read led me to believe I had permanent residency. It was my mistake, I admit that but you can understand that I am furious with myself to make such a dumb error. IMHO the system still think the system can be improved. I work in IT, I know this is possible from the tech point of view. Something as simple as adding an field in the long citizen form to verify the PR/SS/IL is valid. Also, the government has all my data, knows when I travel in and out of the country, has my tax records, etc so filling such a long form also feels unnecessary. But anyway, there is nothing I can change.

I now have my settled status. So my question is, it is possible to resume the refused application? Has anyone tried and to what level of success?

[Maplankawill]

I forgot to add that I am married to a brit and that means I fit all the criteria to apply for citizenship. My only problem was getting the residency certificate instead of the permanent residency. I still argue that there are too many similarities between there too. I read all the guides and to my best knowledge I fit all the criteria. All the information I read led me to believe I had permanent residency. It was my mistake, I admit that but you can understand that I am furious with myself to make such a dumb error. IMHO the system still think the system can be improved. I work in IT, I know this is possible from the tech point of view. Something as simple as adding an field in the long citizen form to verify the PR/Surinder Singh route/IL is valid. Also, the government has all my data, knows when I travel in and out of the country, has my tax records, etc so filling such a long form also feels unnecessary. But anyway, there is nothing I can change.

I now have my settled status. So my question is, it is possible to resume the refused application? Has anyone tried and to what level of success?

If you are not completely sure, just make an appointment with the citizen advice bureau and they will keep you right. Its freee as well

[laranjeiro]

Thanks. I will do that.