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A8 registered late for WRS & didn't re-register with new job
Posted: Sun Feb 28, 2016 11:29 am
by mia777
I think my A8 EEA partner is in a somewhat similar situation. She has been working in the UK since 2006 and I don't think she realised she needed to register with the WRS scheme until October 2009. She registered and received a certificate.
Six months later in April 2010 she switched to a new job but apparently didn't take any action with regard to the WRS. She says she thought the new employer would notify the government on her behalf. Is this the case? She is still working for the same employer.
I'm helping her plan an EEA (PR) application. Does this mean she should wait until May 2016 to apply for PR?
Thanks for your help.
Re: A8 registered late for WRS & didn't re-register with new
Posted: Sun Feb 28, 2016 12:03 pm
by noajthan
To avoid confusion & jumbled responses, I have moved your question to its own thread.
Re: A8 registered late for WRS & didn't re-register with new
Posted: Sun Feb 28, 2016 5:28 pm
by noajthan
mia777 wrote:I think my A8 EEA partner is in a somewhat similar situation. She has been working in the UK since 2006 and I don't think she realised she needed to register with the WRS scheme until October 2009. She registered and received a certificate.
Six months later in April 2010 she switched to a new job but apparently didn't take any action with regard to the WRS. She says she thought the new employer would notify the government on her behalf. Is this the case? She is still working for the same employer.
I'm helping her plan an EEA (PR) application. Does this mean she should wait until May 2016 to apply for PR?
Thanks for your help.
Yes, it does.
PR clock will have stopped due to a) late registration & b) failure to re-register after changing jobs.
Technically the employer committed an offence there.
9.
—(1) Subject to paragraph (2), if an employer employs an accession State worker requiring registration during a period in which the employer is not an authorised employer in relation to that worker, the employer shall be guilty of an offence.
Ref
http://www.legislation.gov.uk/uksi/2004 ... 219_en.pdf
Partner will not have been exercising treaty rights until WRS ended (2011)..
So PR will not be acquired before mid-2016 (assuming any/all absences from UK have been kept within prescribed iimits).