Technical Advice needed please !

[A2ROR]

I came to uK 2007
Married EEA 2009
Applied EEA Family permit and got refused 2010 on basis of my spouse was worker not self employed while we mentioned her in application as self employed
Then I (non eea) family member did not applied any visa until end 2012 (GAP between 2010 to 2012 no visa)
And in 2013 I needed visa for travelling and I applied and got visa 2013
And now after 5 years I got PR in 2018

So my question is that I been in this country since 11 years now and wanted to apply for UK nationality on long term residency basis (SET-LR)
Am I eligible in light of my no visa gap which I have read I can apply as mentioned in parahgraph 9 of below link :
https://www.gov.uk/government/publicati ... nals-eun01

And I would like to clear one more point before end that my EEA sponsor (SPOUSE) was self employed since 2009 and I have all HMRC proofs available with me

Thanks in advance for everyone who can advice me .

[Cam123]

What is the date on letter which you received with your PR. It should tell you the date when you acquire the PR status and if your spouse has been qualified since 2009 then you should have acquired PR in 2014... you can apply for citizenship after acquiring the PR status for one year.

[A2ROR]

What is the date on letter which you received with your PR. It should tell you the date when you acquire the PR status and if your spouse has been qualified since 2009 then you should have acquired PR in 2014... you can apply for citizenship after acquiring the PR status for one year.

Hi cam123,

Thanks for your reply I got date of PR after my EEA family permit 5 years expires . But my concern is that I should be able to apply citizenship straight because they need 6 years in total in U.K. and I been in this country since 11 years now (

[Cam123]

You should be able to apply for BC straight away, because your six years timeline starts from the date of marriage under EEA regulations, basically you need five years to get PR status then one year of holding PR status amounts to six years for BC. Hope this makes sense.
What is the exact date of your PR status on that letter...

[A2ROR]

You should be able to apply for BC straight away, because your six years timeline starts from the date of marriage under EEA regulations, basically you need five years to get PR status then one year of holding PR status amounts to six years for BC. Hope this makes sense.
What is the exact date of your PR status on that letter...

Thanks cam123

The PR date on my letter is 20/02/2018 . Which means I have to wait 1 more year which doesn’t make sense to me

[A2ROR]

hi moderators,

Can some one advice please how to request UKVI to rectify wrong PR acquired date.
I got PR acquired date which is wrong because I been married to EEA sponsor since 2009 and my sponsor been excercising treaty rights since 2009 uptill now.

My PR acquire date should be from date of my marriage as my spouse been actively excersing treaty rights since day first .

thank you

[Hstepper07]

It will depend on the documents you provided during your PR application. You said that you applied in 2013 for your residence documentation. Did you provide evidence of your sponsor exercising treaty between 2010 and 2012 after your initial refusal in your application for your PR? If you did, then you can ask HO to review your PR date.
If you only provided evidence of your sponsor exercising treaty right from 2013, then your PR date is correct and you have to wait till next year to apply for naturalization

[A2ROR]

It will depend on the documents you provided during your PR application. You said that you applied in 2013 for your residence documentation. Did you provide evidence of your sponsor exercising treaty between 2010 and 2012 after your initial refusal in your application for your PR? If you did, then you can ask HO to review your PR date.
If you only provided evidence of your sponsor exercising treaty right from 2013, then your PR date is correct and you have to wait till next year to apply for naturalization

Thanks mate for your reply . I did provided all proofs from 2009 until now of my spouse excersising treaty rights but ukvi written date for my PR is the date when my EEA family permit expired. They omit all my other evidence for previous years I provided with application .

Do you think review request will work ? And how long that process will be any idea ? Or anyone else got same issue please help me to advise what to do ?

Thankyou

[Hstepper07]

If they did not accept the documents that you provided initially and they did not consider it during your PR application, they most likely will not agree to change your PR date.
I successfully disputed my PR date with my caseworker and it was backdated.
If it is something you want to consider, it is best you start your topic under EEA route application thread were you can get better advice.

[A2ROR]

If they did not accept the documents that you provided initially and they did not consider it during your PR application, they most likely will not agree to change your PR date.
I successfully disputed my PR date with my caseworker and it was backdated.
If it is something you want to consider, it is best you start your topic under EEA route application thread were you can get better advice.

Hi, Hsterpper,

Thankyou for you hopeful reply. I was very hopeless that I have no option to challenge this and they might will not agree to change. But now I feel like I should go ahead to challenge my PR acquire date.

But the problem is that I dont know how to approach to case worker (i.e. any appeal form or any challenge application) I have to send them or how ?

And second thing is that how to explain them with rules that I should have back PR acquire date on my letter.

Would you mind to help me to solve this issue. I really need your advice from scratch to end.

Will be very grateful if you could advise me .

[Obie]

It is open to challenge this via Judicial review.

I had similar problem with this issue, a child was born during the period the person applied and qualified for PR, and the date of acquiring PR caused issue for issuing passport. Following threat of JR passport office offered to issue passport, and Home Office accept to consider application for British Nationality is i resubmit the evidence, and for nationality purpose the date on the letter will not be considered as set on stone.

The person succeeded before the 1 year he had been given.

[A2ROR]

It is open to challenge this via Judicial review.

I had similar problem with this issue, a child was born during the period the person applied and qualified for PR, and the date of acquiring PR caused issue for issuing passport. Following threat of JR passport office offered to issue passport, and Home Office accept to consider application for British Nationality is i resubmit the evidence, and for nationality purpose the date on the letter will not be considered as set on stone.

The person succeeded before the 1 year he had been given.

Thankyou Obie for your advice but I don’t know from where should I start to resolve this issue

1. Shall I apply for naturalisation now ?
2. Shall I complain a UKVI and resolve this matter with them ?

I need guidance step by step to resolve this matter please.