Relation between 5 year residenc and 12 month WRS

harmeetsingh · Post by **harmeetsingh** » Sun Feb 17, 2013 2:34 pm

Hi everyone.
I(non-eu) and my wife(eu), are living in UK for 5 years.Now planing to apply for permanent residence.I know that to apply for permanent residence eea member need to be working 5 year. Also the work registration scheme is finished but if at that you needed to register then you have to provide proof.I did a lot of research about relation between 5 year residence and 12 month under WRS. one question that remained unanswered that when do the 5 year period start.Do this 5 year period start when you start the job. or this 5 year period start once you complete 12 months under WRS. Now the main question - do this 12 month period need to be when you start the job or it can be any continue 12 months within last 5 years.I am not able to find answer to this last question.Do anyone one have any information?
Thank you

Post by **sheraz7** » Sun Feb 17, 2013 2:58 pm

WRS scheme existed between 2004-2011 for A8 nationals. 5 years period will start from the time when eea national start to excercise treaty rights and the time under WRS will be included in those 5 years for getting PR. However, eea national should not be away from country more than 6 months in a year.

harmeetsingh · Post by **harmeetsingh** » Sun Feb 17, 2013 3:02 pm

sheraz7 wrote:WRS scheme existed between 2004-2011 for A8 nationals. 5 years period will start from the time when eea national start to excercise treaty rights and the time under WRS will be included in those 5 years for getting PR. However, eea national should not be away from country more than 6 months in a year.

Dear Sheraz,
Thank you for reply. So this 12 month period can be any continues 12 months under WRS within last 5 years.If this is true so I have so big relief.

Post by **sheraz7** » Sun Feb 17, 2013 3:15 pm

12 months spent under wrs scheme will be the part of total 5 years.

harmeetsingh · Post by **harmeetsingh** » Sun Feb 17, 2013 4:01 pm

sheraz7 wrote:12 months spent under wrs scheme will be the part of total 5 years.

That sound good. the reason I was worried coz we came to uk on may 2008. my wife and i, want to apply for PR now.She is working since 2008 but she apply for wrs on april 2010. so shw is working five year and she spent 12 month under wrs. this was the thing which worried me.I thought that she have to be register under wrs whole the time since she start work.I feel batter now.

Post by **sheraz7** » Sun Feb 17, 2013 4:45 pm

under this scenario your 5 years will be started from 2010 thats the time when your eea partner registered under WRS scheme. Because under old rules all A8 nationals need to complete their initial 12 months under this scheme in order to be freed and access the labour market and benefits.

harmeetsingh · Post by **harmeetsingh** » Sun Feb 17, 2013 5:11 pm

sheraz7 wrote:under this scenario your 5 years will be started from 2010 thats the time when your eea partner registered under WRS scheme. Because under old rules all A8 nationals need to complete their initial 12 months under this scheme in order to be freed and access the labour market and benefits.

Forget to say that she was register with first employer from may 2008. then she start working for her current employer from November 2008. Because of my application complications and at that time HO was taking long time to decide application we did not apply for WRS from 1 november. she applied for WRS for her current employer on april 2010. I will try to apply for PR now.Lets see if they will accept it or will i have to wait another 2 years:-(

Post by **Jambo** » Sun Feb 17, 2013 7:29 pm

The time for PR started when she applied for WRS.

As the application for PR is free, you can try but likely to get refused.

harmeetsingh · Post by **harmeetsingh** » Mon Feb 18, 2013 11:06 am

Jambo wrote:The time for PR started when she applied for WRS.

As the application for PR is free, you can try but likely to get refused.

HI Jambo.
Just had a call from immigration lawyer from London. I explained him my situation.He said that I can apply.There is no problem.As long as my wife completed 5 years of employment and register under WRS for any continues 12 months within 5 year period. I was trying to find out law where it is clearly written about this question but could not find any thing.I am gonna take risk and apply for it.I have rc till 2016 and this application is free. Lets see.

harmeetsingh · Post by **harmeetsingh** » Mon Feb 18, 2013 11:29 am

Hi guys.
Just called Home office.I explained them the same thing. my question was that this 12 months can be any continues 12 months within 5 years period.The answer was that if there is no explanation of this in law so I can apply.Not a problem.I am still not sure but I am gonna take risk.

Post by **sheraz7** » Mon Feb 18, 2013 12:00 pm

Each time if you call ukba you will get different answer. Under old rules between 2004-2011 A8 nationals were required to complete their initial 12 months under WRS scheme as part of uk transitional measure that can maximum last for 7 years. Any period without completing under this scheme will be disregarded. Application is free and if you agreed to take risk then its totally up to you.

harmeetsingh · Post by **harmeetsingh** » Mon Feb 18, 2013 12:34 pm

I will apply for this soon.Two things will happen.or i will get it or not.at least one thing will be clear for me about this 12 month confusion that I have from long time. I will apply in two months time and keep update.If any of you guys will have any information regarding this or any similar case please post it.
Thank you

Post by **Obie** » Mon Feb 18, 2013 1:27 pm

The rules on the WRS is pretty clear. Register within one month of taking employment, and your period of Residence will be condidered lawful.

The registration ensure your employment is in accordance with the Accession Regulation 2004.

If you work for more than 28 days without registering, you are not working in accordance with the accession regulation. Therefore, the employment will not be taken into consideration for the purpose of acquiring PR.

Pretty simply stuff, really. It is unfortunate some legal rep are unable to grasp this simple concept. The HO telephonist is not trained to answer question on this stuff. I will give him or her the benefit of the doubt.

Post by **vinny** » Mon Feb 18, 2013 1:35 pm

JL (A8 worker, lawful employment) Poland [2009] UKAIT 00030 (02 July 2009).

harmeetsingh · Post by **harmeetsingh** » Mon Feb 18, 2013 3:21 pm

vinny wrote:JL (A8 worker, lawful employment) Poland [2009] UKAIT 00030 (02 July 2009).

HI vinny,
The link to artical you gave was very help helpful. Now my situation is something like that guy.My wife start working for her current employer from 1 november 2008 . she did not apply for WRS until January 2010.She received her WRS on 20 april 2010. On her certificate its written that her start date is 1/11/2008 and issued date of certificate. so there was a gap of 13 months before she applied for WRS. what I understand from the Pont 29 and 30 is that her unregistered employment would be lawful even if she complete 12 months without WRS but she received WRS on later stage. Because it is written on the certificate the date when she start working so the whole time will be lawful.Please correct me if I am wrong in this point and what are my chances to apply or appeal under this points.

harmeetsingh · Post by **harmeetsingh** » Thu Jul 10, 2014 9:57 am

Dear Friends,
Next year I am going to apply for ILR based on 5 years lawful residence. I have one confusion regarding WRS. Do the 12 month qualifying time start from the day when HO receive your application for WRS or when the actual WRS is issued. I called HO and they said that 12 month period will start from the day when WRS certificate is issued. Any help or advice will be highly appreciated. Regards

harmeetsingh · Post by **harmeetsingh** » Thu Jul 10, 2014 10:01 am

Obie wrote:The rules on the WRS is pretty clear. Register within one month of taking employment, and your period of Residence will be condidered lawful.

The registration ensure your employment is in accordance with the Accession Regulation 2004.

If you work for more than 28 days without registering, you are not working in accordance with the accession regulation. Therefore, the employment will not be taken into consideration for the purpose of acquiring PR.

Pretty simply stuff, really. It is unfortunate some legal rep are unable to grasp this simple concept. The HO telephonist is not trained to answer question on this stuff. I will give him or her the benefit of the doubt.

Dear Friend
Next year I am going to apply for ILR based on 5 years lawful residence. I have one confusion regarding WRS. Do the 12 month qualifying time start from the day when HO receive your application for WRS or when the actual WRS is issued. I called HO and they said that 12 month period will start from the day when WRS certificate is issued. Any help or advice will be highly appreciated. Regards

askmeplz82 · Post by **askmeplz82** » Thu Jul 10, 2014 6:50 pm

An A8 national who was working but not registered was considered to be working unlawfully.

May be Jan or may be april. So many peopled asked the same question . But i would say April because when i my ex wife went to the job centre to claim maternity allowance they do a test called habitual residence test (HRT). They checked her work history from January 2009 ( month she received the WRS certificate ) not November 2008 ( when she send the WRS application )

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Relation between 5 year residenc and 12 month WRS

Relation between 5 year residenc and 12 month WRS

Relation between 5 year residenc and 12 month WRS

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