Home Office Refusal Unlawful - NON EEA PR - dual national

[MEAKINS1234]

I applied for PR in November 2017. I am one of the lucky few whose sponsor is a dual national but I successfully applied for RC in 2011, so I am able to still apply using the EEA route.

The HO refused my application because they claim that they are not satisfied that my Sponsor (Step-dad) was a German National at any date prior to September 2010 (the issue date on his German passport). My step-dad is a German by Descent (through his dad) and he has been German since he was born. In the '85 page PR form, he mentioned this fact, so it is not like the HO was unaware of this. This is my step-dad's comment - "I WAS BORN AND I HAVE LIVED IN THE UK ALL MY LIFE. I ACQUIRED MY GERMAN CITIZENSHIP BY BIRTHRIGHT THROUGH MY FATHER. HENCE, I AM A DUAL NATIONAL."

This reason for refusal has got to win the award for the most baseless, incompetent, unprofessional and unlawful reason produced by the home office yet.

As echoed by a lot of people on this forum, the HO seem hell bent in destroying lives, so much so, they cant process even the most straight forward application.

My application is actually quite simple. I was 17 years old when I came to live with my mum, step-dad and sister. I lived with them continuously from 2003 to 2011. I only moved out when I got married and started having kids. Due to a lot of ignorance and bad lawyers (they really shouldn't be called lawyers, they know nothing, just want to get paid), I had no idea that I already qualified for PR, instead I applied for RC believing I had to wait the 5 years from RC date before even thinking about PR.

In their refusal letter, the case worker stated that I had included comprehensive evidence covering the years 2003 - 2011 but still refused to give me the PR with the qualifying date of 2008 just because they couldn't be bothered to do their job and inquire from the German embassy if they were unsure of when he acquired his German nationality or ask me to clarify it, I would have been more than happy to send them proof of it too.

Now I am stuck between asking them to reconsider, or appealing. From the posts I have read here, oral hearings are taking up to 1 year or more to be given a date, I don't think I can wait that long, I honestly do not wish to reapply as this is my third application (its getting ridiculous). Second application was rejected because they wanted his original passports not photocopies, even though I explained he needed them to travel. This behavior from the HO is causing me so much grief it is unbelievable.

Every evidence and information needed was supplied in this third application, now the HO has invented a new refusal reason, even though there is nothing within the 'The Immigration (European Economic Area) Regulations 2016' to back this refusal. Also, nothing within the guidance or the application form.

Please can someone offer any advice as to what the best way to resolve this is. Should I just lodge a complaint with the HO? I don't know what is the best thing to do.

All advice will be highly appreciated.

[thsths]

I can understand how infuriating the home office can be, but getting angry is not usually helpful. Instead you need to look back at your case and try to understand the logic behind the refusal. The home office may be bureaucratic, paranoid, and at times mean spirited, but they are typically just following the guidelines.

What I find strange in your case is that the 5 years legal residence do not seem to be disputed, given that the question of citizenship of your sponsor only arises before 2010. One solution would be to supply the requested evidence, but it would be better to understand the reason for the refusal first.

How did you enter the country? Usually, you would have entered on an EEA family permit. If that is not the case, maybe the home office is suspicious about your history?

[Salem]

I can understand how infuriating the home office can be, but getting angry is not usually helpful. Instead you need to look back at your case and try to understand the logic behind the refusal. The home office may be bureaucratic, paranoid, and at times mean spirited, but they are typically just following the guidelines.

What I find strange in your case is that the 5 years legal residence do not seem to be disputed, given that the question of citizenship of your sponsor only arises before 2010. One solution would be to supply the requested evidence, but it would be better to understand the reason for the refusal first.

How did you enter the country? Usually, you would have entered on an EEA family permit. If that is not the case, maybe the home office is suspicious about your history?

Yea, it's a strang one.
As you say, going by the OP, the 5 years qualifying have not been disputed, so i can't understand the relevance of his sponsor's citizenship before that?

My only thought is when he says the case worker wouldn't accept his application for PR from 2008. Did he request it to be from then, it that then why the case worker denied it, as he said he had no proof of his sponsor being a German citizen from then? I don't know, just guessing. Plus then there's it is his 3rd application, so the HO are not happy about something.

Hard to understand or give advice without more info.

[thsths]

I checked the posting history of the OP, and it is a bit more complicated. This is a retrospective application for a qualifying period in the years 2006-2011 (or possible 2008-2013, that is not clear). So the citizenship of the sponsor before 2010 is relevant, and the rejection based on lack of evidence seems technically accurate. It is not an easy case, and I would recommend to look at the guidelines very carefully (especially given that they changed in the mean time).

[Salem]

I checked the posting history of the OP, and it is a bit more complicated. This is a retrospective application for a qualifying period in the years 2006-2011 (or possible 2008-2013, that is not clear). So the citizenship of the sponsor before 2010 is relevant, and the rejection based on lack of evidence seems technically accurate. It is not an easy case, and I would recommend to look at the guidelines very carefully (especially given that they changed in the mean time).

Okay, yes, makes more sense now.

I took an interest, as i'm a dual national myself, born in N.Ireland, have both Irish and UK Passports. My wife is non EU, and we have sent off for PR recently. Thankfully though, as the OP points out, we also first applied for FM before the McCarthy changes in 2012, so succcessfully recieved it, then a 5 year RC.

I don't envisage any problems, the transitional rules are still on the Gov website so still valid, though this thread had me doing a double take.