Exemption from WRS???

[lojzina]

Hi there,

I am an A8 national. I am trying to apply for my BC after 20 years in the UK (most of my life) and I have question about an exemption from the WRS registration scheme.
I must say that it is not a straight forward question.
Right by 01.05.2004 I have been in the UK for nearly 11 years (came as an au- pair, became a student, fought the HO over extensions to my student visa etc). On the above date I was employed by a particular authorized employer for just over 3 years. I was also still in the appeal stage with the HO for an extension for my student visa and was exercising Section 3 of the 1971 Immigration Act. But sometime during the three years I have been on the appeal, my solicitor has advised me that I can start working full time, because the appeal is taking longer than precedented and I left my partner (an alcoholic and a woman beater), who was officially my sponsor. However I have no written documentation to support the solicitors advice. So accordingly to the WRS exemption list I was exempt because Section 3 and the fact that the conditions of my appeal have changed. I can only proof my employment with my P60s and pay slips. I can not proof how many hours a week I used to work.
Also at this point I should mention that in May 2004 I telephoned the WRS office on two occassions and on both it was confirmed that I am exempt (in one of the conversations I was told that even if I applied I would not get a certificate of registration ???).
My worry is that I have no written evidence confirming the telephone conversations and the advice of my than solicitor, who now has no evidence either as 10 years have passed since I stopped being his client (apparently??) and that could prevent me becoming a BC (because if they would take only S3 of 1971 in count than I would be in breach of Immigration Rules as I eventually started to work full time and not part time like students are allowed to do so).
I 100 per cent fulfill the other criteria for BC.
When I applied for my son's British passport in 2011, I had to prove that I am exercising the Treaty of Rights and proof of my Permanent Residence, which were the P60s. But I guess that has nothing to do with a proof of not breaching Immigration Rules.
I have scheduled my NCS appointment for this coming Thursday and would really appreciate some more light on the matter. And believe you me I have tried to get some solid answers from few places but to no 100 per cent satisfaction. For people in the same position in 2004 there seem to be everything grey rather than black and white.
I am in no position to loose £874, but at the same time I am more British than my birth nationality (I do know that BC is not awarded because one feels like one).
I hope the above makes sense.

Thanks in advance for a prompt helpful answer.

[lojzina]

Hi there,

I am an A8 national. I am trying to apply for my BC after 20 years in the UK (most of my life) and I have question about an exemption from the WRS registration scheme.
I must say that it is not a straight forward question.
Right by 01.05.2004 I have been in the UK for nearly 11 years (came as an au- pair, became a student, fought the HO over extensions to my student visa etc). On the above date I was employed by a particular authorized employer for just over 3 years. I was also still in the appeal stage with the HO for an extension for my student visa and was exercising Section 3 of the 1971 Immigration Act. But sometime during the three years I have been on the appeal, my solicitor has advised me that I can start working full time, because the appeal is taking longer than precedented and I left my partner (an alcoholic and a woman beater), who was officially my sponsor. However I have no written documentation to support the solicitors advice. So accordingly to the WRS exemption list I was exempt because Section 3 and the fact that the conditions of my appeal have changed. I can only proof my employment with my P60s and pay slips. I can not proof how many hours a week I used to work.
Also at this point I should mention that in May 2004 I telephoned the WRS office on two occassions and on both it was confirmed that I am exempt (in one of the conversations I was told that even if I applied I would not get a certificate of registration ???).
My worry is that I have no written evidence confirming the telephone conversations and the advice of my than solicitor, who now has no evidence either as 10 years have passed since I stopped being his client (apparently??) and that could prevent me becoming a BC (because if they would take only S3 of 1971 in count than I would be in breach of Immigration Rules as I eventually started to work full time and not part time like students are allowed to do so).
I 100 per cent fulfill the other criteria for BC.
When I applied for my son's British passport in 2011, I had to prove that I am exercising the Treaty of Rights and proof of my Permanent Residence, which were the P60s. But I guess that has nothing to do with a proof of not breaching Immigration Rules.
I have scheduled my NCS appointment for this coming Thursday and would really appreciate some more light on the matter. And believe you me I have tried to get some solid answers from few places but to no 100 per cent satisfaction. For people in the same position in 2004 there seem to be everything grey rather than black and white.
I am in no position to loose £874, but at the same time I am more British than my birth nationality (I do know that BC is not awarded because one feels like one).
I hope the above makes sense.

Thanks in advance for a prompt helpful answer.

[Jambo]

Hi there,

I am an A8 national. I am trying to apply for my BC after 20 years in the UK (most of my life) and I have question about an exemption from the WRS registration scheme.
I must say that it is not a straight forward question.
Right by 01.05.2004 I have been in the UK for nearly 11 years (came as an au- pair, became a student, fought the HO over extensions to my student visa etc). On the above date I was employed by a particular authorized employer for just over 3 years. I was also still in the appeal stage with the HO for an extension for my student visa and was exercising Section 3 of the 1971 Immigration Act. But sometime during the three years I have been on the appeal, my solicitor has advised me that I can start working full time, because the appeal is taking longer than precedented and I left my partner (an alcoholic and a woman beater), who was officially my sponsor. However I have no written documentation to support the solicitors advice. So accordingly to the WRS exemption list I was exempt because Section 3 and the fact that the conditions of my appeal have changed. I can only proof my employment with my P60s and pay slips. I can not proof how many hours a week I used to work.
Also at this point I should mention that in May 2004 I telephoned the WRS office on two occassions and on both it was confirmed that I am exempt (in one of the conversations I was told that even if I applied I would not get a certificate of registration ???).
My worry is that I have no written evidence confirming the telephone conversations and the advice of my than solicitor, who now has no evidence either as 10 years have passed since I stopped being his client (apparently??) and that could prevent me becoming a BC (because if they would take only S3 of 1971 in count than I would be in breach of Immigration Rules as I eventually started to work full time and not part time like students are allowed to do so).
I 100 per cent fulfill the other criteria for BC.
When I applied for my son's British passport in 2011, I had to prove that I am exercising the Treaty of Rights and proof of my Permanent Residence, which were the P60s. But I guess that has nothing to do with a proof of not breaching Immigration Rules.
I have scheduled my NCS appointment for this coming Thursday and would really appreciate some more light on the matter. And believe you me I have tried to get some solid answers from few places but to no 100 per cent satisfaction. For people in the same position in 2004 there seem to be everything grey rather than black and white.
I am in no position to loose £874, but at the same time I am more British than my birth nationality (I do know that BC is not awarded because one feels like one).
I hope the above makes sense.

Thanks in advance for a prompt helpful answer.

The breach of immigration rules only applies to the relevant 5 years of the application so what happened in 2004 is irrelevant to that criteria.
On the face of things, you were exempted from WRS because you were working in the UK before 2004. You will need to provide proof of that to show you were exempt.
If you wish to reduce the risk, you can apply now for PR Confirmation using form EEA3 (£55). If the PR status is confirmed by the European cases team (accepting your WRS exemption) it will be the same case when applying for naturalisation.

[lojzina]

Hi Jumbo

Thanks for your reply. I can show my P60s and pay slips, as well as the copy of my appeal form and their response, referring to my rights under Section 3C Rule. Nevertheless there is always one in the HO who is very kind of petty and starts to dig deeper, well to be fair BC is about good character too. Anyway what I am trying to say is that I have no written proof that I was allowed to work full time after certain time of the appeal stage passed. I only had confirmation from my solicitor at that time (he was and still is a recognized expert on the Immigration Law) in a telephone conversation. As I can not proof that I was allowed to work full time and I did when some months got tougher than the others, someone rather keen in the HO could decide, no she was not allowed to work full time, breached Immigration Rules, therefore was required to register in 2004. With respect to that I would not be exercising Treaty Of Rights until 2011 when the scheme was abolished and therefore I could not apply until 2017. God, that would be 24 years after I started to live , work and pay my taxes here. I had my runnings with the HO over the last 20 years and believe you me they are able to go on completely turned over evidence and facts about you that are 100 per cent incorrect etc. Thats' when one ends up in court with them.
At the moment I am not sure whether I should go ahead with this application. I am in no position, as I mentioned before, to loose £874+£50.

Any suggestions?

Cheers

[lojzina]

Hi,

I am not sure, whether this is the right forum for the following.
After living and working in the UK for the last 20 years I have finally decided to go for the BC (well got the funds at last). I am a A8 national.
I made an appointment with my local NCS as I needed my passport and all the other supporting documents straight back for other legal issues. Well the person checking the documents had no idea that my country (Czech Republic) is in the EU. Alarm bells started to ring very loud indeed. She went through my form without even looking at it, refused to look at my other documents, etc. And then came the question "WRS date". Well I told her that I was exempt from the scheme as on 01.05.2004 I was legally in the country and legally working (I was under Section 3C of the Immigration Act 1971, I had an appeal with the HO at that time). Anyway sheer panic began as she had no idea what am I talking about and called "senior" case worker at the HO. The case worker in question had somehow knew immediately after my name was given, who I was (that was before the council worker asked me for my HO reference number). The case worker has suggested that there is not such thing as exemption from the WRS and I will be refused BC and waste my money. The council worker had failed to explain to the HO employee why I was exempt, as she could not comprehend what Immigration Act 1971 Section 3C is. Obviously by than I got very frustrated indeed (least to say), so she called her again and again was told that I will be refused, plus that I would have to have a letter saying that I was exempt....????? Contradiction or what? I had all my documentation with regards to my case in 2004 (well going back to 2000 when the appeal started) plus P60 etc. Subsequently the case worker suggested I apply for my PR via EEA3 form, that is for "free". By than I started to laugh, we all know that EEA3 is not for free, and gather my things taking the buggy and leave. So someone in the HO has decided prior to my application that I will be refused, based upon their ignorance of Immigration Rules and WRS Regulations. So now i am afraid to send my application full stop, because I am in no position to loose £874 and more should I appeal or perhaps end up in court again with the HO.
If I was not exempt from the WRS and exercised the Treaty of Rights, my son would not be British.
Nothing has changed in the HO in the last 20 years. Each case worker interprets, if they can be bothered, the law and regulations as it suits them in a particular moment. However they are playing with lives of so many honest people. Luckily for me my birth country is in the EU, but I have never forgotten the time when I was a subject to visa regulations and had to fight nearly every single time for renewal, going to court, etc. I have lived here for more than half of my life, there has never been a time I have not paid my tax, N.I, you name it. And yet it takes one ignorant person to change the course of your life.

[lojzina]

Hi,

I am not sure, whether this is the right forum for the following.
After living and working in the UK for the last 20 years I have finally decided to go for the BC (well got the funds at last). I am a A8 national.
I made an appointment with my local NCS as I needed my passport and all the other supporting documents straight back for other legal issues. Well the person checking the documents had no idea that my country (Czech Republic) is in the EU. Alarm bells started to ring very loud indeed. She went through my form without even looking at it, refused to look at my other documents, etc. And then came the question "WRS date". Well I told her that I was exempt from the scheme as on 01.05.2004 I was legally in the country and legally working (I was under Section 3C of the Immigration Act 1971, I had an appeal with the HO at that time). Anyway sheer panic began as she had no idea what am I talking about and called "senior" case worker at the HO. The case worker in question had somehow knew immediately after my name was given, who I was (that was before the council worker asked me for my HO reference number). The case worker has suggested that there is not such thing as exemption from the WRS and I will be refused BC and waste my money. The council worker had failed to explain to the HO employee why I was exempt, as she could not comprehend what Immigration Act 1971 Section 3C is. Obviously by than I got very frustrated indeed (least to say), so she called her again and again was told that I will be refused, plus that I would have to have a letter saying that I was exempt....????? Contradiction or what? I had all my documentation with regards to my case in 2004 (well going back to 2000 when the appeal started) plus P60 etc. Subsequently the case worker suggested I apply for my PR via EEA3 form, that is for "free". By than I started to laugh, we all know that EEA3 is not for free, and gather my things taking the buggy and leave. So someone in the HO has decided prior to my application that I will be refused, based upon their ignorance of Immigration Rules and WRS Regulations. So now i am afraid to send my application full stop, because I am in no position to loose £874 and more should I appeal or perhaps end up in court again with the HO.
If I was not exempt from the WRS and exercised the Treaty of Rights, my son would not be British.
Nothing has changed in the HO in the last 20 years. Each case worker interprets, if they can be bothered, the law and regulations as it suits them in a particular moment. However they are playing with lives of so many honest people. Luckily for me my birth country is in the EU, but I have never forgotten the time when I was a subject to visa regulations and had to fight nearly every single time for renewal, going to court, etc. I have lived here for more than half of my life, there has never been a time I have not paid my tax, N.I, you name it. And yet it takes one ignorant person to change the course of your life.

[vinny]

lojzina, I've merged your posts, which were scattered in other people's topics.

[lojzina]

Thanks vinny

[lojzina]

I am not sure, whether this is the right forum for the following.
After living and working in the UK for the last 20 years I have finally decided to go for the BC (well got the funds at last). I am a A8 national.
I made an appointment with my local NCS as I needed my passport and all the other supporting documents straight back for other legal issues. Well the person checking the documents had no idea that my country (Czech Republic) is in the EU. Alarm bells started to ring very loud indeed. She went through my form without even looking at it, refused to look at my other documents, etc. And then came the question "WRS date". Well I told her that I was exempt from the scheme as on 01.05.2004 I was legally in the country and legally working (I was under Section 3C of the Immigration Act 1971, I had an appeal with the HO at that time). Anyway sheer panic began as she had no idea what am I talking about and called "senior" case worker at the HO. The case worker in question had somehow knew immediately after my name was given, who I was (that was before the council worker asked me for my HO reference number). The case worker has suggested that there is not such thing as exemption from the WRS and I will be refused BC and waste my money. The council worker had failed to explain to the HO employee why I was exempt, as she could not comprehend what Immigration Act 1971 Section 3C is. Obviously by than I got very frustrated indeed (least to say), so she called her again and again was told that I will be refused, plus that I would have to have a letter saying that I was exempt....????? Contradiction or what? I had all my documentation with regards to my case in 2004 (well going back to 2000 when the appeal started) plus P60 etc. Subsequently the case worker suggested I apply for my PR via EEA3 form, that is for "free". By than I started to laugh, we all know that EEA3 is not for free, and gather my things taking the buggy and leave. So someone in the HO has decided prior to my application that I will be refused, based upon their ignorance of Immigration Rules and WRS Regulations. So now i am afraid to send my application full stop, because I am in no position to loose £874 and more should I appeal or perhaps end up in court again with the HO.
If I was not exempt from the WRS and exercised the Treaty of Rights, my son would not be British.
Nothing has changed in the HO in the last 20 years. Each case worker interprets, if they can be bothered, the law and regulations as it suits them in a particular moment. However they are playing with lives of so many honest people. Luckily for me my birth country is in the EU, but I have never forgotten the time when I was a subject to visa regulations and had to fight nearly every single time for renewal, going to court, etc. I have lived here for more than half of my life, there has never been a time I have not paid my tax, N.I, you name it. And yet it takes one ignorant person to change the course of your life.