Worker Registration Scheme and Permanent Residence Question
Posted: Tue May 19, 2015 12:15 pm
Hi, a question about the Worker Registration System (WRS)...
What is the situation if you registered with the WRS and got a WR Certificate for your first employer but then you changed employer and did not re-register to get a new WR Certificate? Are you still legal? As far as I can see from the Regulations, if you did not re-register then your second employer would not be an "authorised employer" and hence you would no longer be exercising Treaty Rights as a worker. Hence a potential break in continuity of residence in a 5 year period. Is that correct? Assuming it is then do the Home Office apply this strictly? For example what if you are changing around from one Agency to another will they strictly hold you to re-registering and obtaining a new WR Certificate for each new agency? Technically speaking it seems that they could, but in practice is this what they do? Anyone's comments from their experience would be appreciated.
I am aware thanks to this forum that there was a legal case in the UT finding that extending the period of the WRS from 2009 to 2011 was unlawful. Hence an A8/EU8 member could be working legally from 2009 onwards without having complied with the WRS. This could completely solve the problem. However there appears to remain a question as to whether the HO will recognise this decision when deciding EEA Permanent Residence (PR) cases. Can anyone shed any light on this? Is the case the subject of appeal or now good authority?
Many thanks for anyone's input.
What is the situation if you registered with the WRS and got a WR Certificate for your first employer but then you changed employer and did not re-register to get a new WR Certificate? Are you still legal? As far as I can see from the Regulations, if you did not re-register then your second employer would not be an "authorised employer" and hence you would no longer be exercising Treaty Rights as a worker. Hence a potential break in continuity of residence in a 5 year period. Is that correct? Assuming it is then do the Home Office apply this strictly? For example what if you are changing around from one Agency to another will they strictly hold you to re-registering and obtaining a new WR Certificate for each new agency? Technically speaking it seems that they could, but in practice is this what they do? Anyone's comments from their experience would be appreciated.
I am aware thanks to this forum that there was a legal case in the UT finding that extending the period of the WRS from 2009 to 2011 was unlawful. Hence an A8/EU8 member could be working legally from 2009 onwards without having complied with the WRS. This could completely solve the problem. However there appears to remain a question as to whether the HO will recognise this decision when deciding EEA Permanent Residence (PR) cases. Can anyone shed any light on this? Is the case the subject of appeal or now good authority?
Many thanks for anyone's input.