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Citizenship without WRS

Posted: Thu Mar 31, 2016 10:02 am
by KrisztinaK
Hi,
I am wondering if anybody could advise me.
I am from the A8 countries and started to arrange my permanent residency card at the beginning of 2016 for British citizenship, when Home Office informed me that they do not have a record about my worker registration scheme papers. Most probably it is correct as I did not apply for it and thought my company dealt with it. (Mainly as I was in employment before April 2004.)
I am living and working in the UK since the end of 2003, there was only a six months period when I worked in Greece and after I had a few months when I did not work. I have all my payslips and P60s and bank statements proving my income.
When I spoke to Home Office they told me that without WRS the application would be refused until May 2016 from when I will not need WRS to apply for permanent residency card. Apparently at the end of April 2016 a 5 year period will stop related to WRS.
Has anybody heard of changing the rules and the form for permanent residency card from May 2016?
Thanks
Krisztina

Re: Citizenship without WRS

Posted: Thu Mar 31, 2016 10:42 am
by Torex
The rules haven't changed. The WRS was abolished in April 2011.
This means if you hadn't registered on WRS scheme, your qualifying period would start in May 2011. One of the PR requirements is 5 years qualifying stay in UK. So the earliest date you can apply for PR is May 2016.

Re: Citizenship without WRS

Posted: Thu Mar 31, 2016 7:05 pm
by secret.simon
If you were not registered with the WRS for any period of time before May 2011, that work did not count for the purposes of exercising treaty rights and acquiring PR.

The requirements for citizens of A8 countries to register with WRS ended in May 2011 and all employment (self- or otherwise) since then is counted for the purpose of exercising treaty rights.

So, have you worked continuously in the UK since May 2011?

Even assuming that you have, you will only gain PR in May 2016 and would have to wait a year further till applying for naturalisation (unless you are married to a British citizen).

Re: Citizenship without WRS

Posted: Thu Mar 31, 2016 7:18 pm
by noajthan
KrisztinaK wrote:Hi,
I am wondering if anybody could advise me.
I am from the A8 countries and started to arrange my permanent residency card at the beginning of 2016 for British citizenship, when Home Office informed me that they do not have a record about my worker registration scheme papers. Most probably it is correct as I did not apply for it and thought my company dealt with it. (Mainly as I was in employment before April 2004.)
I am living and working in the UK since the end of 2003, there was only a six months period when I worked in Greece and after I had a few months when I did not work. I have all my payslips and P60s and bank statements proving my income.
When I spoke to Home Office they told me that without WRS the application would be refused until May 2016 from when I will not need WRS to apply for permanent residency card. Apparently at the end of April 2016 a 5 year period will stop related to WRS.
Has anybody heard of changing the rules and the form for permanent residency card from May 2016?
Thanks
Krisztina
You may like to dig into these various exemptions from WRS especially as you mention you were working in UK from 2003...
Workers that were exempt from registering on the scheme included:
  • those who were self-employed
    those who were students
    those who were working legally in the UK on the 30th of April 2004 and continued in their employment
    those who were in continuous employment for a period of at least 12 months falling partly or wholly on or after 30 April 2004
    those who had left to enter on the SAWS scheme before 1 May 2004 and had started working in the UK under the SAWS scheme on or after 1 May 2004
    those who were providing services in the UK on behalf of an employer who is not established in the UK
If any of these apply you may have a case for an appeal or else to reapply with some certainty of success.
Good luck.

Re: Citizenship without WRS

Posted: Thu Apr 07, 2016 9:59 pm
by Mala123
Torex wrote:The rules haven't changed. The WRS was abolished in April 2011.
This means if you hadn't registered on WRS scheme, your qualifying period would start in May 2011. One of the PR requirements is 5 years qualifying stay in UK. So the earliest date you can apply for PR is May 2016.

Hi Torex,
many people saying that it's possible to apply for PR after April 2016 if you had issues with your WRS. But if for instance you started working for the employer in the end of 2010 and finished in 2012 (so from the end of 2010 until end of April 2011 you needed WRS) do you think they will be happy to just count your employment from 1st May 2011? This is really interesting as on the application you need to state exact date of commencing your employment, so I don't think you can just say I started working on the 1st of May 2011 where in real you did in the end of 2010? Application is asking if you have WRS, when your 12 months with employer ended and if you were working legally. How do you think people who didn't have WRS should deal with this application now? It's really interesting to me, so I hope there is somebody who can help :)

many thanks