4 years of full time education and lack of WRS

[pjanec]

Dear All,

I am applying for British citizenship as a Polish person and I have fulfilled nearly all the requirements. The one thing I am supposedly missing (which I found out recently about) is the Worker Registration Scheme, as I am from former A8 countries. I was never aware about the registration and the scheme has finished on 2011. However, apparently without that I cannot prove exercising Treaty Rights as EEU national for 5 years. Is that right?

Is there any discretion that could apply to me? I have been a full-time student at the University of Essex for the past 4 years and financially supported by the Home Office. Additionally, for the student loan and financial support, my university classified me as a 'home student', which I have got on paper. I posses all the documents about my employment including all the payslips since 2006 until 2010. I also worked part-time during the university.

Please let me know if there is any chance of a successful application or the lack of WRS card is cancelling everything.
I would be happy to make an appointment to discuss this matter further if there is a some kind of discretion in my case.

Kind regards,
P.Janeczek

[sogy]

You did excercise yout treaty rights as a student, since you became a full-time one.

Unfortunately, you did not excercise them before you became a student, for lack of WRS.

From what I have heard, they are very strict on this, but you can try to find a Polish immigration solicitor, they should know.

[pjanec]

Thank you ever so much for your reply. It is a pity though that one year before university disqualifies me. Isn't there any closure I could use in case?

I've got the letter from my previous employer before university confirming my employment, references, P60, even all payslips.

Surely, 1 one year without WRS card cannot disqualify me? What is somebody has lost their WRS card?

Kind regards,
P.Janeczek

[pjanec]

I have contacted a solicitor and their reply was that I have a valid case as the Home Office is exercising abolished law (WRS 2006-2011). Additionally, I have all the documents confirming my residency during 4 years of studying, just 1 year without WRS card. She said I should apply via their office, however the solicitor fees are £850. Great:]

All the best,
PJ.

[badratio]

You also need to have had a private comprehensive medical insurance or EHIC card issued by your home country for the duration of your studies, or else you won't have been exercising EU Treaty right therefore unable to apply for BC or even PR.

o Evidence of exercising Treaty Rights for5years for the relevant EEA national. This may include:
o Confirmation of tax payment for individuals who are self-employed/business person
o Confirmation of payslips/P60 for workers
o Confirmation of enrolment and attendance of an accredited course for Students
o Evidence of funds and comprehensive sickness insurance for self sufficient persons and students
o Evidence of state pension (not occupational pension) for retired person.
o Medical report if permanently incapacitated

[boloney]

have a look for older posts there was few Polish people that were send away and lost the BC fees due to lack of WRS. it was mandatory for A8 citizens and you can`t turn o HO and say that they using abolished law as it was the law then and you did`t play by the rules. looks like solicitors just want yours £850 (I bet its no refundable?). If you would like to try do it through NCS they should know if your application is valid. seems like you have`t got private insurance so you may as well get one now and wait another 6 years. if someone lost his WRS card he is having a problem as HO will know if you have applied for one or not, it is all on the HO records, I was doing my SAR while ago and they even keep copy of my applications made in 2004 and 2005 so if you say to them tha you had WRS and lost it it would`t work.

[pjanec]

Thank you everybody for such a comprehensive answers. I find them extremely helpful. I have the EHIC insurance card which I did in 2011, so I guess that is my starting point for the citizenship. I did also write to Home Office and they have a record of my registration from 2011, so I guess I have to wait. The another and cheaper root would be try to apply for permanent residency and see what they will decide.

Still however, a one thing makes me perplexed. How the Home Office would give me a full student funding and financial support if they had not have any record of me before 2010? If I was not registered with them from 2006-2010, I should not have received a student loan, maintenance loan and even a grant. Surely, they had to give me financial support on some kind of basis of residing in this country.