BC for my wife

[DEMON]

Me and my wife are from EEA contry. I got BC in October 2011. She has been living in
UK since September 2008.She has not been registered with WRS as was not required if you been 12 months with the same employer. We got married in August 2010.When can she applly for BC ? September 2013 am I right?

[Amber]

Me and my wife are from EEA contry. I got BC in October 2011. She has been living in
UK since September 2008.She has not been registered with WRS as was not required if you been 12 months with the same employer. We got married in August 2010.When can she applly for BC ? September 2013 am I right?

For those married to a BC they can apply for naturalisation once they have 1. received ILR/PR and 2. been legally resident in the UK for 3 years providing they meet the other criteria. And what makes you think your wife did not have to apply for WRS? Although, she would have been exercising treaty rights as your partner.

[Jambo]

And what makes you think your wife did not have to apply for WRS? Although, she would have been exercising treaty rights as your partner.

The issue is that they only got married in 2010 so she can't be considered his family member for the years before marriage.

The exemption from WRS was after working for 12 months but you had to register for those 12 months. Did she not register at all?

[Amber]

And what makes you think your wife did not have to apply for WRS? Although, she would have been exercising treaty rights as your partner.

The issue is that they only got married in 2010 so she can't be considered his family member for the years before marriage.

The exemption from WRS was after working for 12 months but you had to register for those 12 months. Did she not register at all?

What about partners in a ‘durable relationship’ under Regulation 8?

[Jambo]

That would require them to have made an application for Residence Certificate under that category (rights are not obtained automatically) and being EEA nationals I doubt they made such an application.

[DEMON]

And what makes you think your wife did not have to apply for WRS? Although, she would have been exercising treaty rights as your partner.

The issue is that they only got married in 2010 so she can't be considered his family member for the years before marriage.

The exemption from WRS was after working for 12 months but you had to register for those 12 months. Did she not register at all?

She did not register at all.The exemption from WRS was if you were working for 12 months for the same employer.She is still working for that company.

[Amber]

And what makes you think your wife did not have to apply for WRS? Although, she would have been exercising treaty rights as your partner.

The issue is that they only got married in 2010 so she can't be considered his family member for the years before marriage.

The exemption from WRS was after working for 12 months but you had to register for those 12 months. Did she not register at all?

She did not register at all.The exemption from WRS was if you were working for 12 months for the same employer.She is still working for that company.

But did she register under the wrs when she first started employment?

[DEMON]

And what makes you think your wife did not have to apply for WRS? Although, she would have been exercising treaty rights as your partner.

The issue is that they only got married in 2010 so she can't be considered his family member for the years before marriage.

The exemption from WRS was after working for 12 months but you had to register for those 12 months. Did she not register at all?

She did not register at all.The exemption from WRS was if you were working for 12 months for the same employer.She is still working for that company.

But did she register under the wrs when she first started employment?

no she did not

[vinny]

JL (A8 worker, lawful employment) Poland [2009] UKAIT 00030 (02 July 2009).

[DEMON]

JL (A8 worker, lawful employment) Poland [2009] UKAIT 00030 (02 July 2009).

exemption from wrs

A8 national family members of A8 workers who are subject to the WRS are eligible for
registration certificates on the basis of being a family member of an EEA national. This means
the following A8 national family members of A8 workers have unrestricted access to the UK
labour market and can be issued a registration certificate on that basis:
• A8 spouses/civil partners
• A8 children under 21 or dependant
• A8 dependent direct relatives in the ascending line or that of his A8 spouse/civil partner

[Jambo]

JL (A8 worker, lawful employment) Poland [2009] UKAIT 00030 (02 July 2009).

exemption from wrs

A8 national family members of A8 workers who are subject to the WRS are eligible for
registration certificates on the basis of being a family member of an EEA national. This means
the following A8 national family members of A8 workers have unrestricted access to the UK
labour market and can be issued a registration certificate on that basis:
• A8 spouses/civil partners
• A8 children under 21 or dependant
• A8 dependent direct relatives in the ascending line or that of his A8 spouse/civil partner

That's all true but you only got married in 2010 so she wasn't exempt before that date. Her 5 qualifying years started when you got married.