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Your application for British Citizenship has been refused

Posted: Wed Nov 22, 2023 6:52 pm
by siedlik
"Your application for British Citizenship was received on 2023-05-01. Your application has been considered under section 6 (1) of the British Nationality Act 1981.

Reasons for decision
Your application has been considered under section 6(1) of the British Nationality Act 1981.

For any EU nationals (and their non-EU family members) applying for British Citizenship after 30 June 2021, this is usually evidenced by holding either Indefinite Leave to Remain under the Immigration route, or EUSS Indefinite Leave to Remain on the date of application.

Your application was received on 01-Aug-2023 on which the above applies.

It is noted as part of your application you have submitted your Permanent Residence card issued on 1-May-2018, as proof of your settled status in the United Kingdom.

As you have applied after 29 June 2021, you can no longer rely on this document as confirmation of your settled status in the United Kingdom.

We are unable to find any record that you have transferred your Permanent Residence card to Indefinite Leave to Remain under the European Settlement scheme, as required.

As you only currently hold a Permanent Residence document, we are unable to accept that you are currently free from immigration time restrictions. This application has therefore been refused."

Before Brexit, I did a "UK RESIDENCE DOCUMENTATION FOR A NATIONAL OF AN EEA STATE - DOCUMENT CERTIFYING PERMANENT RESIDENCE"

I was not told in any way that I have to apply for the "Indefinite Leave to Remain under the European Settlement scheme" before 30 June 2021.

On that blue document, there is no EXPIRE DATE and it's a "PERMANENT RESIDENCE"
It's stupid that I can't be used for CITIZENSHIP.
So HOME OFFICE is just handing out documents that are meaningless?
I have been in the UK for 14 years, will a new document prove to them that I have been here for 5 years again?
Are they having a laugh at HOME OFFICE, like they can't check that I have been working for all those years in the UK etc?

So what can I do now?
Request a reconsideration?
Apply for that EU SETTLEMENT SCHEME? The deadline was 2021, I was not aware that I had to apply for the EU Settlement Scheme. :shock:

Re: Your application for British Citizenship has been refused

Posted: Wed Nov 22, 2023 7:08 pm
by meself2
siedlik wrote:
Wed Nov 22, 2023 6:52 pm
So HOME OFFICE is just handing out documents that are meaningless?
It was permanent, but it was given on the basis of EU regulations. UK left the EU -> these regulations ceased to exist -> your card, unfortunately, became invalid. As far as I understand it, currently youre in the UK without legal status.
Other folks on the forum might provide pointers about what to do next, but for now, is there any visa route you're eligible to switch on?

See post2136467.html#p2136467 and related links/discussion.

Re: Your application for British Citizenship has been refused

Posted: Wed Nov 22, 2023 7:18 pm
by alterhase58
A few pointers from my knowledge of the EU Settled Status scheme (and EU regulations before then):

- "Request a reconsideration?" - a reconsideration is performed if you believe UKVI have not or incorrectly applied the relevant law and regulations applicable to naturalisation correctly.
- "Apply for that EU SETTLEMENT SCHEME?" - that is the only game in town - yes apply ASAP, they still receive late applications but at this stage you really have to provide watertight reasons as to why you are late.
- The "blue permanent residence document" was issue under EU regulations, not UK immigration rules. Some time after the UK left the EU those documents became invalid because EU law no longer applied. Issued on the basis of the rules in force at the time.

I'd like to give you better news but I believe the refusal was correct. Trying to fight the decision is unlikely to go anywhere.
Applying for EU SS should be the way. Essentially you don't have status in the UK, or you have paperwork that is no longer valid.

Other members here may comment in more detail. Not an expert of EUSS.

Re: Your application for British Citizenship has been refused

Posted: Wed Nov 22, 2023 8:01 pm
by CR001
I was not told in any way that I have to apply for the "Indefinite Leave to Remain under the European Settlement scheme" before 30 June 2021.
This has been well publicised and documented for a long time after 1st January 2021, in the news, media, social media. Ignorance unfortunately is not an excuse.

It is your responsibility to make sure you have the correct immigration documents at all times.

Re: Your application for British Citizenship has been refused

Posted: Wed Nov 22, 2023 9:39 pm
by siedlik
CR001 wrote:
Wed Nov 22, 2023 8:01 pm
I was not told in any way that I have to apply for the "Indefinite Leave to Remain under the European Settlement scheme" before 30 June 2021.
This has been well publicised and documented for a long time after 1st January 2021, in the news, media, social media. Ignorance unfortunately is not an excuse.

It is your responsibility to make sure you have the correct immigration documents at all times.
I don't watch TV, I haven't seen anything on Facebook, and I didn't get an email or post, unlucky me that I only work with British people, otherwise I would know about it.

I have used that blue piece of paper when going to France this year 4 times, and 2 times on a plane. They didn't have a problem with it, and nobody told me that it was INVALID.
Didnt know the Home Office is as useless as the NHS.

Looks like I will have to come back as a refugee on a DINGY :D :mrgreen:

Re: Your application for British Citizenship has been refused

Posted: Wed Nov 22, 2023 9:45 pm
by CR001
and I didn't get an email or post
You wouldn't. UKVI don't write to everyone to let them know they need to apply for a new visa or something.

You surely heard about Brexit and the UK leaving the UK. Should have done your research, information has been out there for a long time. There was a hard media push about this and if I recall correctly, there were even posters and bill boards.
seen anything on Facebook
I put this into Google search and there many many links to Facebook posts and pages about EU Settled Status etc.

You made a mistake, no one else's fault. A tough mistake to make as you are unlikely to be successful with an EU Settled Status application given the deadline has passed more than 2 years ago.