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EEA3 without WRS

Posted: Mon May 14, 2012 4:03 pm
by Sobieski
Hi All,

I am an A8 national and have been living in the UK since 2003. As I would like to become a British citizen in future I decided to apply for permanent residence. I did some research over last days and found out that the most probably I would need WRS in order to get permanent residence confirmed.

As I started working in the UK in 2003 (well before 1st May 2004) I hadn't applied for WRS. Later on 2004 when I was changing the job, I contacted HO and was informed that the WRS applies to people who enter the UK after 1st May 2004 and therefore I have never applied for it. Unlucky for me I contacted HO on the phone so have no proof in writing :( I am now quite scared that my application will be rejected by HO.

I live with my wife, who is also an A8 national and she got her WRS in 2004 and she has been working in the UK since then. We could apply for PR together, but again I don't want to cause her any problems because of my WRS.

So, my question is: shall I apply individually and try my luck or would it be better to add myself to my wife's application?

Many thanks for reading and your help!

Posted: Mon May 14, 2012 4:49 pm
by Jambo
Did you have a visa in 2003 when you started working or did you work illegally?

Posted: Wed May 16, 2012 11:09 am
by Sobieski
Jambo, yes, before 2004 I had student visa and was working PT during term and FT during holidays. I got my NIN and was paying taxes and NIC.

Posted: Wed May 16, 2012 1:22 pm
by Jambo
I believe the advise given to you in 2004 was correct.
6.1 A8 nationals exempt from registration wrote:NB Work carried out prior to 1 May 2004 would be considered as legal and counting towards the 12 month qualifying time if the person had been granted leave and this leave permitted them to take employment in the UK. This would include people who were in the UK as students

Posted: Wed May 16, 2012 8:46 pm
by boloney
Jambo wrote:I believe the advise given to you in 2004 was correct.
6.1 A8 nationals exempt from registration wrote:NB Work carried out prior to 1 May 2004 would be considered as legal and counting towards the 12 month qualifying time if the person had been granted leave and this leave permitted them to take employment in the UK. This would include people who were in the UK as students
He can apply using his wife paperwork.
Get your wife to fill up the form, and put your name as family member.
That should do the job.