EEA citizen start of qualifying period ambiguity

[pistike]

Hello All,

I am an EU citizen (A8) working and living in the UK since 2008. As I was sure that I have completed my 5+1 years residence in the UK I decided to apply for the UK citizenship.
Today I have visited the Citizenship Checking Service in order to get my application checked before submission.
Everything was found in order apart from the Worker Registration Scheme (WRS) where I have registered shortly after my arrival (first week), when I commenced working in this country. As I had three consecutive employments within the first calendar year from the date of my registration to the WRS and the first two were only a few months short, the reviewer firmly stated that my qualifying period starts form the date when I commenced my first employment which lasted minimum 1 year period (which was my third employment since I am in the UK). This issue shifted the start of my qualifying period 10 months later, and actually because of this issue, I am even short of two months of the 5+1 residence years as well.

They phoned the Home Office, where a caseworker informed that they consider the start of the qualifying period from the date when the letter from the WRS confirming my registration with my third employer was issued not even the actual commencement of the employment which was in fact 5 weeks earlier, but it took so long the HO to process my application from the day of application)

I thought that as an A8 EU citizen I do need to demonstrate 1 year continuous employment, but there is no restriction in terms of number of employers. When I asked the reviewer's supervisor (as the reviewer was unable explain) she told me quote "This is what we have been told by Home Office".

Is this the normal procedure? And is this information correct? Was I wrong with my interpretation of the commencement of the qualifying period? As I have my AN form completed and checked, how long the referee section would be valid if I need to delay my application a further 2-2.5 months?

Many Thanks for your answers in advance.

Pistike

[pistike]

I would appreciate if anybody could provide me with some advice to my queries.

Thanks a lot in advance.

Istvan

[badratio]

Best to delay your application and not argue with HO which can result in lost £1005 application fee.

Referee endorsements valid for up to 6 months so you should be okay.

[buktais]

Shocking, I've got 2 employers on my year on WRS, one employment lasted 9months, another one 5 months and since then I have not been registering on WRC, although my third employment lasted for over a year, I did not apply for registration certificat, as 1 year was completed.

[pistike]

Shocking, I've got 2 employers on my year on WRS, one employment lasted 9months, another one 5 months and since then I have not been registering on WRC, although my third employment lasted for over a year, I did not apply for registration certificat, as 1 year was completed.

I have asked exactly this question form the reviewer lady, such that what if I I cannot demonstrate 1 year continuous employment with one employer but I can prove that I worked for minimum 1 year under the WRS in 2 or 3 employments. Her response was that in this case I have to wait until 1 January 2012 to have my qualifying period commenced.

I tried to explain them that their interpretation or understanding is incorrect but their just referred to the phoned up caseworker from HO and refused to forward my application to HO. Shouldn't say but they charged the appointment fee which is not reimbursable. I felt tricked to be honest, as I do not think that their understanding of the immigration law is correct in this instance. Just imagine this is the Citizenship Checking Service (not even HO, however the service is set up by HO as part of the registry office) and you encounter such impediments what should I expect from the HO?

I suggest read the Section 6 of the Booklet AN issued by the HO in May 2015 (page 11), it states clearly that A8 EU citizens require to complete 12 months of employment under the WRS in order to be considered to be in the UK and exercising their treaty rights. Does not refer with how many employers you complete this period ( can be 1, can be 10, just prove it that is no major disruption between the employments in my opinion).

I think I am going to consult our company immigration lawyer in this case see what is she saying. But I am angry that they charged me 70 GBP for nothing, I believe they have made a mistake, than refused to forward my application to HO.

Cheers,

Pistike

[buktais]

Like you said there is nowhere any indication that A8 immigrant had to remain with one employer for full year - not in the form, not in the guidance notes, nowhere. Rather we knew the opposite.

Citizenship requires us to demonstrate lawful treaty rights for 5 years. So there they have it, or are they saying our employment was unlawful? in this case they should give us 10year ban.