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WRS query
Posted: Wed Feb 01, 2017 10:35 am
by LukasBB
Hi, I'm trying to apply for a permanent residency card. I've lived and worked in the UK since Jan 2010, and I registered with Home Office for a WRS card straight away, however after 4 months I changed jobs and didn't get a new card. Now in the permanent residence application there is a question, I quote "Did you work for an uninterrupted period of 12 months in accordance with one or more of the documents mentioned in the previous question?" What does that mean exactly? I didn't take any time off when I changed jobs, but still I worked for a different employer than the one in my WRS application. Can I tick that as a YES, as I did work for a period of 12 months, or is it a NO because I changed jobs? And if I choose a NO, does it mean I worked here illegaly and the answer to another question "Did you work during the accession period without holding one of the documents listed earlier?" would be a YES? Thanks.
EDIT: sorry forgot to mention, I came from Slovakia.
Re: WRS query
Posted: Wed Feb 01, 2017 8:39 pm
by noajthan
NO.
Yes, you worked illegally; employer committed an offence employing you.
YES.
Re: WRS and permanent residence query
Posted: Wed Feb 01, 2017 11:04 pm
by LukasBB
That's what I was afraid of. Anyway thank you for your reply. Now on a different not unrelated topic. Considering that until April 2011 when the worker registration scheme was no longer in place, the time I worked is forfeit and I can only count years after that. In 2015 I went back to University here in the UK as a student so no longer in full time employment and I didn't get a comprehensive sickness insurance (didn't know such a thing was required but that is no excuse), that would give me only 4 years of lawful residence in the UK. I bought the insurance last month as that's when I was informed by a fellow student that it was in fact required. If I were to send an application now would it be automatically declined and could I possibly face some prosecution for not having a proper WRS card until 2011 and also not having a CSI as a student? Now since I didn't have a CSI until now does it mean all my previous working years in the UK are forfeit, or could I just wait another year and then apply for a permanent residence? as that would give me 4 years of working and 1 year of studying with Comprehensive Sickness Insurance. Thanks
Re: WRS query
Posted: Wed Feb 01, 2017 11:15 pm
by secret.simon
LukasBB wrote:Now since I didn't have a CSI until now does it mean all my previous working years in the UK are forfeit, or could I just wait another year and then apply for a permanent residence?
You need five continuous years of exercising treaty rights for PR. By not exercising treaty rights continuously, your PR clock will have stopped completely when you became a student without CSI and restarted from zero when you resumed exercising treaty rights (by getting CSI while being a student).
Re: WRS query
Posted: Wed Feb 01, 2017 11:36 pm
by LukasBB
Thank you for a quick reply. So can I take it that there is no way my application would be accepted so there's no point in sending it anyway?
Re: WRS query
Posted: Thu Feb 02, 2017 12:10 am
by noajthan
Not unless you have a foreign EHIC or perhaps a Union citizen who might be your sponsor.
If all else fails suggest at least apply for EEA QP RC in the meantime. What with all wild talk of Brexit.
Re: WRS query
Posted: Thu Feb 02, 2017 12:45 am
by LukasBB
Thank you I will apply for EEA QP RC instead. It's a shame I can't apply for PR but that's my fault for not knowing the law and all but at least I won't get kicked out of the country if I have a EEA QP RC... I hope
Another question I forgot to ask, is full-cover health insurance from Aviva considered to be a comprehensive sickness insurance? Because that would be awkward if I were to pay for something until I finish my studies just to be later informed that it was the wrong thing.