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Gazza1591 wrote:...

So we have decided to apply for UK citizenship for her, but we have no idea how to even start the process what needs to be done and doesn't need to be can anyone help me out with where to go or what to look at, I have looked in the gov.UK but it all confused me lol. Just after easiest if there is an easy way to apply for it and make sure she does not have to leave if we do leave the EU

Not sure if I need to provide more info let me know if u do.

Thanks for any help or advice in advance.

Gazza1591 wrote:Looking at that link what does the below mean then ?
Permanent Residence

Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years.

Gazza1591 wrote:Hi

Makes sense intill the last bit I'm guessing she is not registered on the WRS scheme what ever this is as we have never heard of it before, so if she is not does this mean she can't apply for residence ?

On a side note, if the UK does leave the EU what will actually happened to all the people from EU countries that are all ready in the UK ?

Gazza1591 wrote:
Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years.

Gazza1591 wrote:She has been in the UK for 12 years and has been in employment the whole time but by sounds of it may not be able to apply intill 2016 and may be to late by then ?
With this referendum does anyone know what will happen to all the EU citizens that are currently in the UK

Watandar wrote:

Gazza1591 wrote:
Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years.

Does this also apply for non eu spouse even if she is not in the uk for less than 5 years?

Gazza1591 wrote:Yes that's very true I guess, we are engaged but won't be married till next year at the earliest have been engaged for about 3 years now. I take it if we marry it will be a lot different when applying ?

Would there be any benefit to applying for a UK passport or do u need citizenship for this ?

Watandar wrote:

Watandar wrote:

Gazza1591 wrote:
Under EEA regulations, after 5 continuous years of the EEA national exercising treaty rights, the EEA national (and family members living in the UK) automatically obtain Permanent Residence status. This status is not lost unless the person is absent from the UK for more than 2 consecutive years.

Does this also apply for non eu spouse even if she is not in the uk for less than 5 years?

Sorry i mean even if she is in the uk for less than 5 years? If I, EU national am here for 5 years and my wife, non eu national is here for 4 years, does she also automatically obtain PR status?

Gazza1591 wrote:She has been in the UK for 12 years and has been in employment the whole time but by sounds of it may not be able to apply intill 2016 and may be to late by then ?
With this referendum does anyone know what will happen to all the EU citizens that are currently in the UK

9.8 Note that where the EU8 national was “legally working” in the UK on 30 April 2004, they were permitted to continue working for the same employer without the need to register that employment on
the worker registration scheme (WRS). Technically, they were not exempt from WRS but, in such cases, registration was already deemed to be in place.
9.9 “Legally working” would include where they had leave to enter or remain under the Immigration Rules which allowed them to work, and they were working in accordance with the conditions of that leave. Examples would include a work permit holder working in line
with his or her work permit; or a student working in line with the conditions of his or her student leave (i.e. 20 hours per week during term time, full time outside of term time or while on a course-related work placement).
9.10 Provided they were actually working in accordance with the relevant conditions on 30th April 2004, no further authorisation was required after that date for as long as they were working for the same employer. If they completed 12 months’ uninterrupted lawful employment ending on or after 30 April 2004, they would become entirely exempt from the scheme. If, however, they decided to change employer before they had completed 12 months, they would then be required to register their new employment on WRS until such a time as they had completed 12 months continuous lawful employment.

noajthan wrote:

Gazza1591 wrote:Hi

Makes sense intill the last bit I'm guessing she is not registered on the WRS scheme what ever this is as we have never heard of it before, so if she is not does this mean she can't apply for residence ?

On a side note, if the UK does leave the EU what will actually happened to all the people from EU countries that are all ready in the UK ?

WRS is the 'Worker Registration Scheme'. It was only for A8 nationals (& has ended now); unfortunately it catches out a lot of good, hard-working people.

What is your girlfriend's precise timeline in UK?
Was she working in the UK at any time before/up to 2011?
Has she been doing anything else at all during her time in UK ; (eg studying, self-employed)?

If working but not properly registered on WRS it means her 'PR clock' as a worker would only have started in 2011.
That means PR (as a worker) will not be acquired until sometime in 2016.

if not married to a BC, PR then has to be held for 12 months before applying for citizenship.

If she was here in UK in another category (eg as a student, self-employed etc) then WRS doesn't matter & her PR clock should be ticking away already.

Gazza1591 wrote:Ok so I go her to check and she was registered with the WRS but only for the first 2 years she has said ??

Gazza1591 wrote:Is there a way to find out if she can apply with out actually aplying if you get me ?

Torex wrote: If she has been in the UK for 12 years, then she might be ok if she started a job before 30 April 2004 and worked for the same employer for 12 months.

9.8 Note that where the EU8 national was “legally working” in the UK on 30 April 2004, they were permitted to continue working for the same employer without the need to register that employment on
the worker registration scheme (WRS). Technically, they were not exempt from WRS but, in such cases, registration was already deemed to be in place.

...

https://www.gov.uk/government/uploads/s ... Policy.pdf

Gazza1591 wrote:Hi what is PR ? And she has been working non stop for the whole time she has been in the UK but for a few different companies not the same one

Gazza1591 wrote:Ah OK so as long as she has this work order in place when she first came here which she thinks she did but only for the first 2 years we should be OK to apply what's this pre application thing ? And what does it mean if we get that ?