Worker Registration Scheme WRS - agency worker

[davidm1986]

Hi All,

I have a question regarding WRS.

I arrived to UK - April 2007 from Poland; registered with WRS (at that time my employer was an agency, and their details are on my WRS). 6 months later I was transferred from the agency directly to my present employer. As I’ve been working in the same place from April 2007, I never updated my WRS.

Did I exercise the Treaty Rights?

Any answer would be greatly appreciated.

Regards.
Dawid

[noajthan]

Hi All,

I have a question regarding WRS.

I arrived to UK - April 2007 from Poland; registered with WRS (at that time my employer was an agency, and their details are on my WRS). 6 months later I was transferred from the agency directly to my present employer. As I’ve been working in the same place from April 2007, I never updated my WRS.

Did I exercise the Treaty Rights?

Any answer would be greatly appreciated.

Regards.
Dawid

WRS is ofcourse abolished - see historical document:
http://webarchive.nationalarchives.gov. ... k/eea/wrs/

What counts as 12 months ‘uninterrupted work’?

'Uninterrupted work' means you must not be out of work for more than a total of 30 days in a 12 month period. You will need your registration certificates and other evidence of employment to show 12 months' uninterrupted employment.

By not registering with the 2nd employer within 30 days it appears you won't be classed as having been fully registered for the initial 12 months qualifying period.

In that case you may not be deemed to have been exercising treaty rights as a qualified person at the time.
If so your status as a worker (& your PR clock) probably started in 2011.

See forum FAQs for more on this matter:
british-citizenship/citizenship-faqs-co ... 95747.html
- particularly Q6

[davidm1986]

Thanks noajthan

[noajthan]

Thanks noajthan

There is a strange twist to this...

The UT ruled back in January that the 2009 extension of WRS was illegal.
This ruling has not made its way into UK domestic law (yet).

However if you have a case or appeal related to this question you may be able to argue for treaty rights since 2009 (instead of from 2011), ie depending on the accepted abolition date for WRS.

It's unclear if anyone has managed to argue this successfully so it's just a heads up & fyi.
See more details in this post:
eea-route-applications/wrs-2009-11-natu ... s#p1247686

[davidm1986]

However if you have a case or appeal related to this question you may be able to argue for treaty rights since 2009 (instead of from 2011), ie depending on the accepted abolition date for WRS.

No, I don't have a case yet.
I'll apply for a PR, before applying for a citizenship then, and advise you guys of the outcome.

The UT ruled back in January that the 2009 extension of WRS was illegal.
This ruling has not made its way into UK domestic law (yet).

Do we know when the domestic law might be amended?

[noajthan]

However if you have a case or appeal related to this question you may be able to argue for treaty rights since 2009 (instead of from 2011), ie depending on the accepted abolition date for WRS.

No, I don't have a case yet.
I'll apply for a PR, before applying for a citizenship then, and advise you guys of the outcome.

The UT ruled back in January that the 2009 extension of WRS was illegal.
This ruling has not made its way into UK domestic law (yet).

Do we know when the domestic law might be amended?

Except for this forum I have no channel to any direct source of information about potential changes in domestic immigration law.

Confirmation of PR first - that's a prudent move: only £65 or so at risk & any problems will be flagged at that stage;
no right of appeal if you shoot directly for naturalisation & much bigger fee at risk.

Best of luck.