Up early, woke up worrying (my default status nowadays), so for a bit of amusement, here's a quick update on my DW's ongoing Permanent Residence application (apologies in advance for the length, but then Kafka's The Trial is quite long, too):
Previous readers will recall that one application was rejected, so had to apply again. This second one has now been accepted, BUT the HO just can't resist sticking further spanners in the works: Despite being here since 1978 and sending confirmation from HMRC that she's been paying NIC every year since then, they've slapped on a seemingly arbitrary date of entry to the UK of 6 April 2011. This despite also sending P60s from 2005 - 2011 (last date prior to retirement).
This concerned us from the viewpoint of accrued pension rights, so we tried to phone for an explanation, but was told we have to write. Not email, only snail-mail allowed. So we wrote and have now received an email (!) back saying that the HMRC document doesn't constitute proof that she's been "exercising free movement Treaty rights" in the UK.
They then listed the P60s we sent, thus confirming she's been here (and exercising her free movement rights) since at least 2005, not 2011.
When you send in an application, you have to go to your (fairly) local European Passport Exchange office to get a biometric (if that's the word) copy of your passport (a bargain at £36). This we did, but now the HO email says that as her passport is dated 2011 (when she last renewed it), we have failed to provide evidence that she held German nationality prior to the issue date of this passport (January 2011) and therefore: "As a result, this department is unable to give you an earlier entitlement date as you have not proved you can rely on the EEA Regulations as an EEA national."
The confused and contradictory reasoning is astonishing. They list the P60s (the gold standard of evidence, apparaently) from 2005 and then say they can only give a date of entry to the UK of 2016. Also, there is no mention on the form or in the guidance notes that we need to send in old passports to prove she was German prior to the issue of the latest one.
They finish off by saying that, anyway, "case judgement Lassal (C -162/09) states that a person could not get a document certifying permanent residence until after 30 April 2006", as the relevant regulations only came into force on that date. Even that date would have been preferable and we're still no wiser as to why the arbitrary 2011 date has been chosen.
The notice also states that if she leaves the UK for 2 consecutive years she'll forfeit her PR rights. Quite apart from the fact that this is not yet true, what would happen if she left for 22 months and then came back. Does she just hang around for a couple of weeks and is then able to leave again? Or does she have to wait for a further 5 years' qualifying period? Maybe I should ask Lord Ashcroft or Philip Green.
What a shambles. And there are over 3 million EU citizens to deal with! How are they going to handle that level of applications with this degree of illogical incomoetence? And anyway, once Brexit goes through the PR card becomes irrelevant and we'll have to reapply for "Settled Status". Welcome to the UK!