Immigrationboards.com

Hi, my partner is an EEA National, has been here for over 10 years and we are able to provide full proof of this. He has just been refused his citizenship (please see the following paragraph from the letter sent)

'Your application was received on 27 September 2018. On 19 June 2018 you were issued permanent residence whereby based on the evidence you provided it was deemed that you had an entitlement date of 31 May 2018. You have therefore not been a permanent resident for the while 12 months before your application, The secretary of state has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so and your application has therefore been refused'

Now, we were fully aware of this but having looked into it further prior to applying we came across this on the gov website.

'Using your document to apply for citizenship
You can only use your permanent residence document to apply for British citizenship after you’ve lived in the UK for 6 years.
That means you must wait another 12 months if you’ve only lived in the UK for 5 years when you get your document.
But you can apply immediately if:
- you’ve already lived in the UK for 6 years when you get your document
- your husband, wife or civil partner is a British citizen'

We therefore took it to mean he would be able to apply immediately as he fulfilled the criteria on bullet point one 'youve already lived in the UK for 6 years when you get your document'
This is where we are confused. Am I right in thinking there is a mistake here? Has anyone else been in this situation?

Thank you in advance

Jayleonie wrote: ↑

Sat Nov 03, 2018 1:00 pm

But you can apply immediately if:
- you’ve already lived in the UK for 6 years when you get your document
- your husband, wife or civil partner is a British citizen'

You need to have been in the country for 6 years or more and you should have a British Spouse to be eligible to apply soon after PRC is aquired.

It is not 'either' 'or' you should meet up to both.

Thanks for your help much appreciated

Jayleonie wrote: ↑

Sat Nov 03, 2018 1:00 pm

Hi, my partner is an EEA National, has been here for over 10 years and we are able to provide full proof of this. He has just been refused his citizenship (please see the following paragraph from the letter sent)

'Your application was received on 27 September 2018. On 19 June 2018 you were issued permanent residence whereby based on the evidence you provided it was deemed that you had an entitlement date of 31 May 2018...

What evidence did he provide to show that he has been a qualified person for at least 5 years, starting at least 6 years ago?

P'60's, Council tax letters, tax credit letters. We threw in whatever we had just for peace of mind really! We've got evidence dating back years.

Totally understand the point now that we couldnt apply immediately but it does say of he had only been here 5 years then you have to wait for another 12 months. Hes been here for years!

If they have made a mistake, then ask for a review.

Jayleonie wrote: ↑

Sat Nov 03, 2018 3:48 pm

P'60's, Council tax letters, tax credit letters. We threw in whatever we had just for peace of mind really! We've got evidence dating back years.

Totally understand the point now that we couldnt apply immediately but it does say of he had only been here 5 years then you have to wait for another 12 months. Hes been here for years!

Hi Jayleonie, wondering have you appeal to HO?
my understanding was wrong as well, isn't clear for my at all... haven't letter yet but know outcome already