Au pair and WRS

[Alena Jacova]

I'm an EEA national from an A8 country, Czech Republic.

I entered the UK in Mar 2007 and worked immediately as an au pair until Jan 2008 (10 months). But I didn't register with the Workers Registration Scheme as I was told by the agency that au pairs don't need to register (See http://www.1stchoiceaupairs.co.uk/au-pa ... pair.shtml).

I went home for the whole of Feb 2008 and then returned to the UK to look for work. I started an office job in Apr 2008 and immediately registered with the WRS. I worked there until Aug 2008.

I was then unemployed for 2 years after which I found another office job, which I still have.

I didn't apply for permanent residency as I believe that EEA members automatically get this status after 5 years.

Do I qualify for naturalisation?

[vinny]

I was then unemployed for 2 years after which I found another office job, which I still have.

See also Amendment to EEA regulations on worker status and job seeking.

[Alena Jacova]

There are a few issues that I'm need clarification about:
1. Did au pairs need to register for the WRS?
2. As a member of an A8 country, did I meet the requirement for the first 12 months of employment?
3. Do I fail to make the naturalisation criteria because I was unemployed for 2 years?
4. Do I quality for permanent residency status? If so, did I qualify more than 12 months ago?

[badratio]

1. No. Au Pairs cannot classed as a worker or employee, unfortunately. (https://www.gov.uk/au-pairs-employment-law)
2. Not sure. I believe not as you were not a worker/employee.
3. Very likely so, unless you can prove you were looking for work at that time (letters/emails of rejection, invitations to attend interviews, proof of registration with Job Centre).
4. You didn't specify what have you been doing since 2010?

[Alena Jacova]

I worked there until Aug 2008.

I was then unemployed for 2 years after which I found another office job, which I still have.

Since 2010 I've been working in an office.

[badratio]

Did you register that job with WRS?

If yes then you can apply for BC now but you'll have to provide sufficient evidence that you were seeking work for 2 years during your unemployment. If you fail to prove that then 2016 is the year when you can apply.

If the answer is no then you can apply for BC in April 2017. WRS scheme was abolished on 1st of April 2011. That's when your clock would start ticking.

I tell you what tho. Just apply for PR using EEA3 form and see what HO says! It only costs £55.

[Alena Jacova]

If I understand correctly you're suggesting that apply for PR, I wait 2 months to see the outcome and then wait another 1 year before applying for BC?

[badratio]

Yes. I reckon this is the safest way for you.