Naturalization - late WRS registration

[Torex]

Hello all,

I'm about to apply for naturalization.
I have never applied for PR card.
My application is based on worker's route.

The problem is that when I started my first job in 2008, I applied for WRC after 30 days window (50 days to be exact).
This means that I worked illegally for 20 days. I obtained the WRC in 01/2009. After 5 years (in 01/2014) I exercised my Treaty Rights therefore acquiring PR status and holding it for over a year now. I can prove all of the above with P60's, payslips, etc.

The only issue I'm concerned about is whether I meet the good character requirement as I worked illegally for 20 days.
I had problems with getting British passport for my child because of the late registration on Workers Registration Scheme. That's why I want to be 100% sure before applying.

Thanks in advance for any feedback.

[Mauser1905]

I am no expert in this.

What was/were the reason/s for delay? So other experts can help.

[Torex]

I didn't know about the WRC registration. Employer didn't mention it to me.
A month after I started work, I got letter from HO saying that I didn't register for Working Registration Scheme.
So I did it straight after that and received my WRC 20 days later.

I've read that breaking immigration law bans you from applying for 5 years.
It would mean that I should be fine.
However, It'd be great to confirm it with the experts.

[Mauser1905]

I didn't know about the WRC registration. Employer didn't mention it to me.
A month after I started work, I got letter from HO saying that I didn't register for Working Registration Scheme.
So I did it straight after that and received my WRC 20 days later.

I've read that breaking immigration law bans you from applying for 5 years.
It would mean that I should be fine.
However, It'd be great to confirm it with the experts.

Would you have any documentation that can prove what you say? Would the employer be happy to give that in writing if you don't have any other proof?

IMHO, your case doesn't sound like a flagrant abuse of immigration laws, so clarification on the delay of WRS and supporting evidence should be enough. That's my view only.

Hope experts can advice here.

[Torex]

Thanks Mauser1905 for for comments.

There is no chance of having any proof of what I say.
Asking employer to give me in writing that he didn't require WRS will not work, as this is illegal for employer to employ workers without WRC. So no employer would like to put in writing that he broke the law.
Also it was my responsibility to register on time.

Definitely I will add the explanation of why the registration was delayed.
However, I won't apply if I'm not sure that the application is approved.
Apparently there is a ban of 10 years for those who overstayed after their visa has expired. This was introduced in December last year.
I'm wondering if any ban for working illegally has been introduced.

[badratio]

Thanks Mauser1905 for for comments.

There is no chance of having any proof of what I say.
Asking employer to give me in writing that he didn't require WRS will not work, as this is illegal for employer to employ workers without WRC. So no employer would like to put in writing that he broke the law.
Also it was my responsibility to register on time.

Definitely I will add the explanation of why the registration was delayed.
However, I won't apply if I'm not sure that the application is approved.
Apparently there is a ban of 10 years for those who overstayed after their visa has expired. This was introduced in December last year.
I'm wondering if any ban for working illegally has been introduced.

What I think is that 10 year ban is not applicable to WRS because having it was not Immigration Law (I've looked it up). It was some sort of law like one of employment regulations methinks. WRS was designed to have count of immigrant workers in the country. So I wouldn't worry about that really cos if it was that serious employer would have got fined for employing you "illegally" after your submission for WRS (as you'd give all information to Home Office about your employer) if that was the case. Not having WRS didn't make you an illegal worker.

[Gabortoth]

Hi,

I am living and workin in the Uk for 9years.i didn't registered with Wrs because I didn't know that i have to.once i start to work for a big company they told me i have to register.i did it and i left the company after 3months.then i went to another company and i am working with them in he last 7years.
Now i did apply for passport to my son he received i sent all my P60 and thats it.
I have a daughter 8weeks ago and i did the same application like indid with my son.in this time they ask me to send the WRS and my P45.i did it but they sent me a letter to refuse the passport to my daughter because I didn't completed 12months under the WRS rules.i phone then absolutely stressed and i told them I didn't know about this and how it is possible my son got his passport and was no problem with his one,they told me because I didn't reregistered back in 2008 actually i worked illegal.illegal???!!!i payed tax and national insurance etc. .they said i have to send his passport back and they investigate the case if was wrong my son case they will cancel my son passport as well and we will be without any travel documents.
My question is what i can do in this situation.i need passport ls to my childrens we planned holidays and i booked with company as well.
Thanks
Gabor

[boloney]

Unfortunately passport office is right. If you did't register you did't acquired PR after 5 years. After you left company that you registered and left after 3 months you was required to register again with new one. This time registration will be done for free. Its just paper but unfortunately very important paper. It means none of your kids are British citizens.

[Julian11]

Has it not been 5 years since WRS finished anyway? So regardless of that, by now he'd have gotten PR.

[badratio]

Has it not been 5 years since WRS finished anyway? So regardless of that, by now he'd have gotten PR.

WRS was abolished in April 2011.

[boloney]

Has it not been 5 years since WRS finished anyway? So regardless of that, by now he'd have gotten PR.

even if it was 5 years since WRS was gone it would't make no difference for OP as his kids are not British, he will be able to register them as such but earliest this can be done will be May 2016 if he is still exercising his treaty rights.

[Gabortoth]

Thanks guys for the information.
Unfortunately the 5years has to be before the child did born.
I will keep you inform guys what will be the final verdict.
I still believe they will do it for us.

[boloney]

Thanks guys for the information.
Unfortunately the 5years has to be before the child did born.
I will keep you inform guys what will be the final verdict.
I still believe they will do it for us.

well if they made mistake I think they will cancel the passport. I have readed somwhere simular court case to yours, passport has been issued by mistake and than several years later this person wanted to renew passport (somethink came to light, Passport office started asking questions) and passport has been canceled. Than this person was suing HMPO but lost the case as that person was't British.
good luck

[Torex]

If your son and daughter were born after May 2014, then you might want use as an argument the fact that extension of Working Registration Scheme in May 2009 was unlawful.
In this case, your legal stay as a worker would have started in May 2009, making you exercising Treaty rights 5 years after this date.

See the following threads.
extension-of-the-workers-registration-scheme-2009-unlawful
extension-of-wrscheme-in-2009-was-unlawful

[jaweb]

[quote="Gabortoth"]Hi,

I am living and workin in the Uk for 9years.i didn't registered with Wrs because I didn't know that i have to.once i start to work for a big company they told me i have to register.i did it and i left the company after 3months.then i went to another company and i am working with them in he last 7years.
Now i did apply for passport to my son he received i sent all my P60 and thats it.
I have a daughter 8weeks ago and i did the same application like indid with my son.in this time they ask me to send the WRS and my P45.i did it but they sent me a letter to refuse the passport to my daughter because I didn't completed 12months under the WRS rules.i phone then absolutely stressed and i told them I didn't know about this and how it is possible my son got his passport and was no problem with his one,they told me because I didn't reregistered back in 2008 actually i worked illegal.illegal???!!!i payed tax and national insurance etc. .they said i have to send his passport back and they investigate the case if was wrong my son case they will cancel my son passport as well and we will be without any travel documents.
My question is what i can do in this situation.i need passport ls to my childrens we planned holidays and i booked with company as well.
Thanks
Gabor[/quote]




I am sorry but the passport office is right. You may ask passports from your original country to travel. Your children are not British citizen, I am afraid
You needed to work a year for the full wrs registration but you could have a break 30 days only. If you did not re register yourself it means you have been working illegally regardless you are paying tax, NI or not. You have breached the immigration status therefore your children are not entitled for British citizenship right now

[Gabortoth]

If your son and daughter were born after May 2014, then you might want use as an argument the fact that extensiitn of Working Registration Scheme in May 2009 was unlawful.
In this case, your legal stay as a worker would have started in May 2009, making you exercising Treaty rights 5 years after this date.

See the following threads.
extension-of-the-workers-registration-scheme-2009-unlawful
extension-of-wrscheme-in-2009-was-unlawful

Hi,
I read your link and as I understand the extension was not legal so my daughter could be British citizen but my son will lose it because I dont have the 5 years before his birthday...
can anyone confirm if I am right or not????!!!!
Thanks guys
fingers cross tomorrow they could call me with the verdict

[jaweb]

[quote="Gabortoth"][quote="Torex"]If your son and daughter were born after May 2014, then you might want use as an argument the fact that extensiitn of Working Registration Scheme in May 2009 was unlawful.
In this case, your legal stay as a worker would have started in May 2009, making you exercising Treaty rights 5 years after this date.

See the following threads.
[url=http://www.immigrationboards.com/eea-ro ... 81910.html]extension-of-the-workers-registration-scheme-2009-unlawful[/url]
[url=http://www.immigrationboards.com/eea-ro ... 81910.html]extension-of-wrscheme-in-2009-was-unlawful[/url][/quote]


Hi,
I read your link and as I understand the extension was not legal so my daughter could be British citizen but my son will lose it because I dont have the 5 years before his birthday...
can anyone confirm if I am right or not????!!!!
Thanks guys
fingers cross tomorrow they could call me with the verdict[/quote]


Your daughter is not entitled as the wrs ended in April 2011 so your legal status starts from there to before.
Please let us know what they say.
Thanks

[Gabortoth]

But if the extension was unlawful then the years counted from 2009 not 2011...or I misunderstood something???

[jaweb]

[quote="Gabortoth"]But if the extension was unlawful then the years counted from 2009 not 2011...or I misunderstood something???[/quote]


As far as I understand your case your legal status starts from 2011 not before

[Gabortoth]

But if the extension was unlawful then the years counted from 2009 not 2011...or I misunderstood something???

As far as I understand your case your legal status starts from 2011 not before

Thanks
so what can I do now?I have to accept the result or I can fight somehow????I did a small mistake X years ago, nobody ever got prosecuted for this and penalties actually this the passport officer told me when I told him I will have meeting with our HR because I want to inform them...

[jaweb]

But if the extension was unlawful then the years counted from 2009 not 2011...or I misunderstood something???

As far as I understand your case your legal status starts from 2011 not before

Thanks
so what can I do now?I have to accept the result or I can fight somehow????I did a small mistake X years ago, nobody ever got prosecuted for this and penalties actually this the passport officer told me when I told him I will have meeting with our HR because I want to inform them...

I do not think there is a case to fight for. They have the right to cancel the passport if they think it was wrongly given.
Yes, I know it seems a small mistake but believe me it is big enough to cost the passport. I do not think you can do anything about it. It is a law. As you could have read it earlier they did cancel someone's passport and despite hmpo was sued the person has lost case. It would be the same in your case as you have broken their law.
You still can ask your home country for passports for your children to travel

[Gabortoth]

Hi Jaweb,

I can't read your private message.
Do you know why???
Could you send it to my email address??
xxxxxxxxxxxxxxxxxxxxxxxxx

Thanks

Note As this is a public forum, I have removed all personal identifying details from your post so as to maintain your privacy & security.

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[Torex]

But if the extension was unlawful then the years counted from 2009 not 2011...or I misunderstood something???

As far as I understand your case your legal status starts from 2011 not before

Yes, if the extensions was unlawful, then the years are counted from 2009.
The only problem here is that it will not be easy to use it, as the UKVI appears to be ignoring the judgment.
In my opinion, instead of accepting the refusal of your daughter's passport, it could be worth using the judgement to show that you exercised your Treaty rights before your daughter's birth. Provide them with the calculation of qualifying years starting from 2009.

There is nothing to loose. Passport Office may be reluctant to accept that judgement, however you must press on them.
Don't try to contact Passport Office over the phone, as they will always say "no". Always write formal letters.
It might be worth contacting your MP.

http://www.osscsc.gov.uk/Aspx/view.aspx?id=4418

[Gabortoth]

Thanks.
I will write a letter and i will send a few documents as well to prove i sm good character etc.

[jaweb]

Hi Jaweb,

I can't read your private message.
Do you know why???
Could you send it to my email address??
xxxxxxxxxxxxxxxxxxxxxxxxx

Thanks

Hi,
It was nothing just looked for my Wrs card and quoted from there. It does say if you change your workplace the card is going to be not valid anymore

Is there any news from HMPO?

Note As this is a public forum, I have removed all personal identifying details from your post so as to maintain your privacy & security.

Ref forum T&Cs (click)
- Board Moderator