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Worker Registration Scheme - 'right to live permanently'?
Posted: Thu Mar 06, 2014 12:03 pm
by ZuzanaN
Hello.
We would like to find out whether our son is British or if we need to register him as British.
One of the requirements is that at least one of the parents were 'legally settled' in the UK at the time of the birth of the child.
My husband got Workers Registration Scheme Card in Dec 2005, our son was born in April 2008. is this card a permission to live permanently and thus a proof of settlement?
Thank you.
Re: Worker Registration Scheme - 'right to live permanently'
Posted: Thu Mar 06, 2014 4:54 pm
by Jaeger
Nope. These are two separate things. But your husband still needs WRS to prove that his employment was legal as WRS was required from 1 May 2004 to 30 April 2011. I am not 100% sure from which date is relevant here in terms of a five-year qualifying period. Whether a job start date is relevant or WRS registration date. Senior members can clarify this issue. Your husband should have registered his employment within 30 days and then again within another 30 days if he changed a job before working for 12 months with one employer
EEA National becomes a permanent resident after five years of exercising Treaty Rights (for example work, self-employment, studying etc) as well as living continuously in the UK. Also a family member of such person can qualify. One can also apply to confirm that satus by sending EEA3 application form. There is a fee of £55 per person.
Can you write a little bit more about your husband's work history? To see whether he exercised Treaty Rights and kept his WRS registration up to date if he changed employers before working for 12 months for one employer. Therefore this will allow to see whether you husband has PR status (Permanent residence = settlement for nationality purposes)
From what you have written, your child isn't British at the moment. You will need to register your child as a British citizen. Please have a look at guidance MN1:
https://www.gov.uk/government/publicati ... n-form-mn1
Read pages 8 and 9 (Children of EEA Nationals and A8 National Workers). I believe that this bit applies to your circumstances as well a part on page 9 regarding WRS :
The child of an EEA national who did not become a British citizen at birth may now have
an entitlement to be registered as a British citizen under section 1(3), if the parent has since
become “settled” here. The parent will have become “settled” if:
• He or she has been granted indefinite leave in the United Kingdom, or
• He or she has been exercising EEA free movement rights in the United Kingdom for
a continuous period of five years ending on or after 3o April 2006.