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"document certifying permanent residence" without WRS
Posted: Fri Jan 08, 2016 2:20 pm
by jbalius
Hi,
I moved to UK in March 2009. I started working in a company since April 2009 till June 2014. Unfortunately nor me, nor my company was not aware that I had to register for WRS (worker registration scheme). I found that after May 2011 when it was no more applicable - so I never registered. I was self sufficient after June 2014 for few months and after that worked in 2 other companies.
Question now :
a) If I will apply now for "document certifying permanent residence" - will I be treated as a ~7 year resident, or less than 5 year resident?
b) After 1st of May 2011 then the WRS expired, did I automatically became a legal worker/worker with the permission even though my contract in the same company started before 2011?
c) Is it likely that I will get permanent residence now if I will apply - maybe someone had experienced similar case?
Thank you
Re: "document certifying permanent residence" without WRS
Posted: Fri Jan 08, 2016 2:41 pm
by LilyLalilu
If you weren't registered with the WRS your qualifying period for PR starts on 1 May 2011 at the earliest and any application made before 1 May 2016 will normally be unsuccessful. Applications made after this date should be successful if you exercised treaty rights continuously for 5 years.
Did you have CSI (private health insurance, access to the NHS doesn't count) while you were self-sufficient?
Re: "document certifying permanent residence" without WRS
Posted: Fri Jan 08, 2016 3:51 pm
by jbalius
LilyLalilu wrote:
Did you have CSI (private health insurance, access to the NHS doesn't count) while you were self-sufficient?
Thanks Lily. No, I hadn't. Does it change anything?
Re: "document certifying permanent residence" without WRS
Posted: Fri Jan 08, 2016 4:17 pm
by LilyLalilu
That means you weren't exercising treaty rights for those few months in 2014 as you can only be exercising treaty rights as self-sufficient if you had CSI (or a non-UK EHIC). Unless you have been exercising treaty rights in another way during these few months, your qualifying period for PR will only commence once you started working again in 2014 and you will only be eligible for PR 5 years form this date (provided you keep exercising treaty rights continuously).
Re: "document certifying permanent residence" without WRS
Posted: Fri Jan 08, 2016 5:17 pm
by 1kiril
jbalius wrote:LilyLalilu wrote:
Did you have CSI (private health insurance, access to the NHS doesn't count) while you were self-sufficient?
Thanks Lily. No, I hadn't. Does it change anything?
How long was it exactly?
Should be fine if no longer than 2 months I'd say. I had month long breaks in my 5 years and got my PR confirmed with no questions asked. LilyLalilu needs to calm down.
Re: "document certifying permanent residence" without WRS
Posted: Fri Jan 08, 2016 10:12 pm
by LilyLalilu
No need to be unpleasant either 1kiril. I am just trying to advise the OP correctly and according to the regulations a 'few months' without exercising treaty rights between jobs could pose an issue. However, if the gap was small nothing of course keeps them from applying for PR and to see what the case workers make of it, after all it's not too much money at stake.
Also worth looking into jbalius:
- depending on why you left your job you may have retained worker status after you left your first job
- you may have exercised treaty rights as a job seeker during those few months if you applied for jobs and can prove this by providing job applications, invitation to interview letters etc.
Re: "document certifying permanent residence" without WRS
Posted: Fri Jan 08, 2016 10:30 pm
by jbalius
LilyLalilu wrote:
Also worth looking into jbalius:
- depending on why you left your job you may have retained worker status after you left your first job
- you may have exercised treaty rights as a job seeker during those few months if you applied for jobs and can prove this by providing job applications, invitation to interview letters etc.
Thanks once more Lily.
I was unemployed for 8 months approx. I resigned myself. I mainly wanted to take few months break and after that to look for new opportunities. Only it happened that after 2.5 months break I injured my ankle while hiking, so had to extend my break (funny thing is that I event didn't go to NHS as I knew their diagnosis - take a rest). Not long after that I was involved in a project startup (my work and time was fully financed from my savings). Unfortunately it didn't worked out with investors and the project was abandoned, so I moved back to to new employer.
Sad that I just didn't knew I had to take CSI for the period.
Re: "document certifying permanent residence" without WRS
Posted: Sat Jan 09, 2016 10:47 pm
by jbalius
jbalius wrote:LilyLalilu wrote:
Also worth looking into jbalius:
- depending on why you left your job you may have retained worker status after you left your first job
- you may have exercised treaty rights as a job seeker during those few months if you applied for jobs and can prove this by providing job applications, invitation to interview letters etc.
Thanks once more Lily. I resigned myself and I was unemployed for 8 months approx.
Sad that I just didn't knew that I had to take CSI for the period.