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applying for PR but never had a WRS

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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klab8
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Joined: Fri Feb 12, 2010 11:14 pm
Location: London

applying for PR but never had a WRS

Post by klab8 » Fri Feb 19, 2010 12:41 am

Once again - will be really grateful if someone had relevant info. Thanks!
In September 2010 it will be 5 years since i've been living in UK continously. I was a full time student for 3 yrs (BA), then worked for 1 year full time (have P60 and P45 + all payslips), now in full time studies again (1 year, MA). I am from a EEA country, one of those that requires WRS when working. Thing is... i never had it! I actually never knew about it (until now that i follow this forum), and neither of my employers (had two) asked me about it, and HM Revnue never contacted me about it... And when i was applying for Registartion Certificate as a student in Sept 09, they didn't ask me either, though they had my NI number and could easily see that i worked for 1 year full time.
I am worried now that i might not get my PR when i apply cos i breached the rule of WRS... is this possible?
I would be SO grateful if someone knew what happens when you work without the WRS... though not that HM Revnue cared as long as i was paying the taxes and NICs it seems...
THANKS SO MUCH!

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Fri Feb 19, 2010 10:43 am

klab8, an interesting question!

You mention that you applied for a Residence Certificate when you again became a student in September 2009. But what about in or about September 2005, when you first arrived in the UK to study. Did you apply for a Residence Certificate then?

When you started work, those employers, what evidence of ability to work in the UK did you show to them? I am just wondering why they thought you did not have a problem working.
John

klab8
Newly Registered
Posts: 8
Joined: Fri Feb 12, 2010 11:14 pm
Location: London

Post by klab8 » Fri Feb 19, 2010 10:59 am

Morning John! And many thanks for reading and replying to my post.
I didn't apply in 2005, first time i had any dealings with HO was in Sept 09 because by that time we were planning to get married with my non-EEA boyfriend (of many years, nothing to do with convenience!) and i thought it would be useful to have it when applying for EEA FP (and i got some great advice on this forum and hopefully my husband's coming over soon).
When i first started working, all they cared about was that my passport is EU passport and that i had an NI number, which i had both. I paid taxes from day one. I applied and got my NI number in 2005, though, and when i had the interview i was not told that i needed WRS before i start working, so i honestly didnt know about it.
If this proves to be a problem, who's in trouble? me, or my ex employers? Does it excuse me that i didnt know the law? (something tells me that the answer is No, but you never know...).
Thanks so much, have a good day.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Feb 21, 2010 1:59 pm

I have had a good look at the regulations which brought in the need for certain people to register under the WRS. And the more I look the more bizarre I think this situation is.

The fact is that whilst certain categories of people are exempt from registering on WRS, one category not exempt is those with PR! What I was looking for was some sort of exemption for those already exercising EU Treaty Rights for a certain time, but there is no such exemption, even for those with PR.

And now that your country has been in the EU for more than 5 years, there could easily be people who have been exercising EU Treaty Rights as, for example, a Self Employed person. But reading the WRS regulations such a person, even with PR, would still need to register. Bizarre!

So sorry, my feeling is that because of lack of WRS when you were working, I don't think you are qualified for PR for a number of years.
John

klab8
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Posts: 8
Joined: Fri Feb 12, 2010 11:14 pm
Location: London

Post by klab8 » Sun Feb 21, 2010 3:31 pm

John, thank you so very much! Your hard work on behalf of all of us is REALLY appreciated. I tried to find relevant info myself but the problem is that I get lost in the bureaucratic language so quickly!
What I read on the guidance for WRS is that some people are exempt from registering for WRS and one of this is when “You have been working legally (that is within UK Immigration and Employment legislation) in the UK for a period of 12 months without interruption, falling partly or wholly after 30 April 2004.â€

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