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In essence she has not really exercised any treaty during this period as a worker by not having registered for WRSPlum70 wrote:I think the OP will find (regrettably) that even if his wife registers for WRS it may not be applied retrospectively, that is, to cover permanent employment from 2004 - pesent. This may mean that the 5 years spent in employment may be discounted by the UKBA as "unlawful" w/out prior WRS registration and the residence clock reset to zero.
See here for more info: http://www.ukba.homeoffice.gov.uk/worki ... s/workers/
Indeed, that is certainly the formal process. However, the law says that "proportional measures" can be taken for violation of the process. I think there is a chance to argue that delaying PR by 5 years is very harsh and not proportional, but it depends on the details of why the registration did not happen, and whether other rules were broken. It will probably go to appeal, and a lawyer would be very helpful, but it could be worth it.Plum70 wrote:I think the OP will find (regrettably) that even if his wife registers for WRS it may not be applied retrospectively, that is, to cover permanent employment from 2004 - pesent. This may mean that the 5 years spent in employment may be discounted by the UKBA as "unlawful" w/out prior WRS registration and the residence clock reset to zero.
Did she ever applied for resident permit in 2005?scoobz wrote:the 5yrPermit was issued on basis of self employed during 2004,(its not mandatory for self employed to request WRS).But went on to employment in begining of 2005 still employed same place till now. We have kids & still happily married. This will set us back yrs if we have to start again with WRS but if we must thats what we will do.At this point in 2005 we were misled to think that once the permit is issued she was exercising treaty rights therefore even a change in circumstances no need for WRS otherwise if we knew it was mandatory we would register.We now dont know wat to do as i am now without a visa as my 5yrs has expired. Anyone with advice is very welcome to coment.Thnx
Hi Scoobz.....scoobz wrote:Hi all,
My wife has now registered and got the WRS it states she has been in employment for 5yrs to current. The issue date is April 2010. A lawyer has told me i have nothing to loose to reapply for PR. and could appeal if rejected on grounds of proportionality. Tho this could take months and lawyers fee's. Should i use this lawyer or simply apply on FMRS. Any one with a similar situation? I would appreciate some advice and input as its rediculous that 5yrs will be lost on such a technicality.Thanks to all for previous responses,great team of forumist.