PR without WRS but with Residence Permit

[Basia1]

Hello,

I hope someone can help me. I am trying to apply for PR. The problem is I lost WRS documents. I was registered with the scheme in 2004 and after 12 months of successfully completing the required period I was issued Residence Permit.
Now in the light of Brexit I decided to apply for PR and use the period of 2005-2010 as a qualifying one. The problem is that WRS. I applied to Home Office using SAR for copies of that registration and got a reply that due to the time elapsed my WRS has been destroyed!! Will the Residence Permit ( which I wouldn't have received in a first place if I didn't register for 12 months with WRS) be sufficient?? Along with a letter from Home office stating that my documents has been destroyed?
Surely Residence Permit is showing that I have been working "legally" ?

Any help will be greatly appreciated
Basia

[noajthan]

A RC does not guarantee you have been exercising treaty rights continuously for 5 years. After all you might have just stopped (or left the country).
So its not enough by itself.

Here is the email address for WRS-related enquiries: workerregistration.scheme@homeoffice.gsi.gov.uk

You should be able to check/confirm your WRS status and perhaps be issued with replacement document.
Good luck.

[Basia1]

Hi,
Thank you for your reply. I never said in my previous post that I will be using RC only. I have payslips, P60 to prove it. Also please read that Home Office responded to my SAR stating that they have destroyed my WRS documents due to time lapse. So they don't have a copy of it.

[noajthan]

Hi,
Thank you for your reply. I never said in my previous post that I will be using RC only. I have payslips, P60 to prove it. Also please read that Home Office responded to my SAR stating that they have destroyed my WRS documents due to time lapse. So they don't have a copy of it.

You seemed under misapprehension that RC proves 'everything' when in fact it only really proves what you were doing on its day of issue.

And what did the helpful people at WRS bureau say - have you mailed them yet?

HO plays hard ball - no benefit of doubt.
Its up to applicant to submit rock-solid evidence so if you don't have any then delay application until you do.

[Basia1]

Hi,
I've got other documents proving my continuous 5 year employment!! Also I did send SAR ( Subject Access Request) to HO! They have replied that my WRS been destroyed! I don't think you've read my post at all or just don't want to understand it!
It's ok. I have now contacted HO and was advised that ALONG WITH ALL THE DOCUMENTS proving my employment my RC will be sufficient ( meaning I don't have to provide WRS documents).

Thanks for all your help. In the future tho try and read all the posts

[noajthan]

First rule of EU migration club: don't listen to or trusy HO 'helpline'.
RC proves nothing much past its day of issue.

You have not understood that other members have had their WRS confirmed by contacting that email address.
Regardless of whether docs have been shredded.
HO don't simply rely on paper copies stashed in some filing cupboard in the bowels of HO HQ!

If you cannot prove full and proper WRS you were an illegal worker which may have repercussions.
It also delays confirmation of PR which in turn can delay naturalisation if you have ambitions for the privilege of citizenship.
Not cool with Brexit coming.

So suggest realise there's much more to it than 'proving you once had some job'.

[Obie]

Even if they cannot provide a replacement, they must have something on record attesting to the fact that you were issued with WRS, and provided you worked for continuous 12 months with that employer, that will be fine.

[Basia1]

Well the SAT Team sent me printouts of case notes and screen shots from when I was applying for RC. On one of them it clearly says that the case worker is satisfied that I completed my 12 month registration period and that I am eligible for RC. Also there is list of documents which they received supporting my RC application and WRS doc are on that list. Would that be sufficient to satisfy HO that in fact I was registered?
BTW that email is not working anymore. The automatic system created a message which tell me to refer to SAR as the scheme was closed down!
Basia

[Obie]

It would be admitted at the tribunal as evidence of completion under the WRS .

[Basia1]

Thank you Obie.
I know that we are not meant to take advise from HO helpline but sometimes they do get things right ( might be just pure luck) lol!
Well I will submit my application with all the documents and a covering letter and hope for the best!
Basia

[buktais]

As far as I remember RC for A8 nationals prior to 04/2011 were issued only after submitting evidence of WRS+12months of employment. So it makes sense that holding a RC card (date of issue earleir than 4/2011) can be enough even WRS docs are lost as it could be given only if WRS rule was satisfied.

[Basia1]

Exactly buktais! That's what u was getting at! Also from what ive read on HO website RC was give to EEA who planned to work for 3 months or longer in the U.K. A8 members had to complete 12 month registration period prior to receiving RC.
Surely Ho case workers must be aware of that! They can't just refuse application on a basis that the WRS are lost if there is evidence that a person was in fact registered with the scheme.
BTW EEA members acquire Permanent Residence automatically, HO merely is confirming the fact.

Basia