WRS - first 12 months - company name changed

[danski]

Hi all,

Wonder if somebody knows answer for my question.... maybe similar cases?

I am polish citizen. Going to apply for naturalization exercising Treaty Rights for 5 years etc. Have been in uninterrupted employment since August 2004 but after reading some threads here have now some concerns about my application.

I started work in Company1 in August 2004, registered under WRS (Company1 name) and have been working there until 2006. After that have uninterrupted employment until now in couple of other organizations.

Potential problem is the first 12 months.... In Dec 2004 Company1 merged with another organization and went through name change to Company2. It means that my P60 for 2004 shows Company2 name and not Company1 as on WRS certificate. I have all pay slips for 2004 and 2005 and they show continues employment - simply one month company name changes to Company2 on my payslips (there is clear continuity in salary and tax accumulation on payslips). so for August ,Sep, Oct, Nov, Dec it is Company1 then it changes to Company2.

At that time did not think about informing HO about any changes - especially that from my perspective there were none - i was in the same job and only company name changed. Any views how HO would look at this? Would they accept that I was in uninterrupted employment with the same company for 12 months (payslips...)? Without it I can't exercise Treaty Rights.
Regards
danski

[badratio]

You only need to prove that you've been working for the last 6 years why would you provide documents from 2004?

[danski]

becase I have to prove evidence of exercising Treaty Rights. This for sure. And reading this forum I saw few cases when ppl application was rejected as their first 12 months under WRS were not right,

[Torex]

You only need to prove that you've been working for the last 6 years why would you provide documents from 2004?

WRS is a requirement for all EU nationals of the 8 countries which joined the EU in 2004 to work in the UK.

Wonder if somebody knows answer for my question.... maybe similar cases?

I was in the exactly same situation as yours. During my NCS appointment I was asked to add an explanation that the company1 changed its name to company2. The lady at NCS called HO to confirm that this should be fine.
If you have any proof of Company1 changing its name, it'd be great. In my case, the P60 forms I received from the company1 (old name) and the following year from the company2(new name) had the same head office address, just different company name on the top. If you can find anything and add it to the application, it would help a lot.

This is what I've done. I applied in March, still waiting for the approval letter.

However, if you're still unsure and worried about the outcome of the naturalization application, you can always apply for PR first and apply for naturalization year after receiving the PR certificate.

[danski]

My WRS is issued for company1/address1 and all P60 have company2/address1 - the same address different company names. I have also all payslips for the first year - as mentioned before first five show company1 then changed to company2 - but with clear continuity e.g. per year earnings and tax accumulation. Hopefully it will be sufficient for HO folks.

[Torex]

My WRS is issued for company1/address1 and all P60 have company2/address1 - the same address different company names. I have also all payslips for the first year - as mentioned before first five show company1 then changed to company2 - but with clear continuity e.g. per year earnings and tax accumulation. Hopefully it will be sufficient for HO folks.

Yes, your WRS and P60's should be enough to prove this.
HO would have to prove that company1 and company2 are different organizations in order to reject your application.

[badratio]

WRS is a requirement for all EU nationals of the 8 countries which joined the EU in 2004 to work in the UK.

I know, I am an EU national myself. What I was saying is you don't need to provide any evidence from 11 years ago! You only need to prove you've been exercising Treaty right for the qualifying period of 5 years + 1 year on PR - not the entire 11 years you've been in the country.

[danski]

You only need to prove you've been exercising Treaty right for the qualifying period of 5 years + 1 year on PR - not the entire 11 years you've been in the country.

I was talking about naturalization not PR. It is true what you say but situation is slightly more complicated for people from A8 countries e.g. Poland. Starting in 2004 it was required to register under WRS for one year continues employment. Only after this first year under WRS, time starts ticking towards 5 years. Without it nothing counts due to WRS violation. The WRS registration has been abandoned in 2009 but it means that only in 2016 citizens of A8 can go the same path as other EU members. If you want to apply for naturalization now, exercising Treaty, you have to show that you were legally working in UK for 5 years +1. Given timeline impossible without WRS registration in the past:)

[badratio]

No. Time spent registered under WRS counts towards qualifying period.

Only when an A8 national has completed the necessary 12 months employment under the WRS will they be considered to be in the UK and exercising their treaty rights. However, time spent as a registered worker on the Workers Registration Scheme will count towards the five year qualifying period for permanent residence. Page 11

I'm myself an EU national and have British citizenship granted last month. In my application I provided all necessary evidence covering from March 2009 to March 2015 even though I moved to the UK in June 2007. There was no need nor they asked to provide any evidence prior to that time frame.

[Torex]

WRS is a requirement for all EU nationals of the 8 countries which joined the EU in 2004 to work in the UK.

I know, I am an EU national myself. What I was saying is you don't need to provide any evidence from 11 years ago! You only need to prove you've been exercising Treaty right for the qualifying period of 5 years + 1 year on PR - not the entire 11 years you've been in the country.

If the qualifying period is between 1 May 2004 and 30 April 2011, then you must show that you have met WRS requirements.

9.13 The scheme was in place until the transitional arrangements were lifted on 30 April 2011. Therefore, where a EU8 national is relying on a period of work between 1 May 2004 and 30 April 2011, they should provide evidence of their:
Registration certificates
Residence permit
9.14 Where the EU8 national has been issued with an EEA registration certificate or residence permit either under the 2000 or 2006 Regulations after they became exempt from the scheme, the WRS card may not be required.

https://www.gov.uk/government/uploads/s ... Policy.pdf

I was talking about naturalization not PR. It is true what you say but situation is slightly more complicated for people from A8 countries e.g. Poland. Starting in 2004 it was required to register under WRS for one year continues employment. Only after this first year under WRS, time starts ticking towards 5 years. Without it nothing counts due to WRS violation. The WRS registration has been abandoned in 2009 but it means that only in 2016 citizens of A8 can go the same path as other EU members. If you want to apply for naturalization now, exercising Treaty, you have to show that you were legally working in UK for 5 years +1. Given timeline impossible without WRS registration in the past:)

You need to have PR status for at least a year to apply for naturalization. In order to obtain PR, you need to exercise your Treaty rights and if you're from the 8 EU countries that required WRS registration, then you need to show that you had met that requirement.

[boloney]

No. Time spent registered under WRS counts towards qualifying period.

Only when an A8 national has completed the necessary 12 months employment under the WRS will they be considered to be in the UK and exercising their treaty rights. However, time spent as a registered worker on the Workers Registration Scheme will count towards the five year qualifying period for permanent residence. Page 11

I'm myself an EU national and have British citizenship granted last month. In my application I provided all necessary evidence covering from March 2009 to March 2015 even though I moved to the UK in June 2007. There was no need nor they asked to provide any evidence prior to that time frame.

are you from A8 country?
was you employed or self employed or did you exercise threaty rights in any other way?
OP is right he have to prove to HO that he was registered under WRS and worked for company for 12 months.

[Kate73]

Hi,
I think I have similar problem. My company's
name has been changed before I joined them.
When I apply for WRS they used two names...
Now I realized there is different name on
my WRS. (Only one word has been changed and
two others stayed the same).
All my P-60 have a right name since I have started
my job there.
Do you think I should attach some explanation?
The address of the company is still the same.
Would it be ok if I attach a letter from my company
with some explanation?
Thank you for your time.

[jaweb]

[quote="badratio"][quote]WRS is a requirement for all EU nationals of the 8 countries which joined the EU in 2004 to work in the UK.[/quote]

I know, I am an EU national myself. What I was saying is you don't need to provide any evidence from 11 years ago! You only need to prove you've been exercising Treaty right for the qualifying period of 5 years + 1 year on PR - not the entire 11 years you've been in the country.[/quote]


Please dont speak rubbish! You needed WRS especially 11 years ago! Even if you have been working for 11 years without WRS then you worked illegally as WRS abolished in April 2011. If you are an EU citizen you should know this!

[boloney]

Hi,
I think I have similar problem. My company's
name has been changed before I joined them.
When I apply for WRS they used two names...
Now I realized there is different name on
my WRS. (Only one word has been changed and
two others stayed the same).
All my P-60 have a right name since I have started
my job there.
Do you think I should attach some explanation?
The address of the company is still the same.
Would it be ok if I attach a letter from my company
with some explanation?
Thank you for your time.

I think you should ask your company for letter explaining this as caseworker may see it that you worked for different company that that where WRS has been done.

[Ziuta]

If you have any letters stating the company change, like payslips, P45 and P60 for that year (where it should state change of the company name or at least have some indication of the name change),attach them which your application. I did something like that (with the difference that my company change was within last 5 years). I explained everything on additional page (i think it was 23).
If any doubt just phone HO, they have helped me quite a lot and explained stuff which were unclear.

Good luck

[Kate73]

Thank you all for your help!