Accession State National did not regsiter with WRS

[goodenterprise]

Hi. A guy I know, a Polish National, has been in the UK for 5 years but never registered with WRS. Now he is planning to marry a foreign national in the UK, who is out of legal status.

A: I understand that once the EEA national register with WRS his/her non-EEA family member can apply for FAMILY MEMBER RESIDENCE STAMP.

B: The FMRS application notes under section WHEN TO APPLY state:

You may apply at any time during your lawful stay in the UK.
If you apply when you are here unlawfully, that will be taken into consideration in deciding your application.



What does that ''will be taken into consideration'' exactly means?

[86ti]

The WRS scheme will be obsolete in four months. If the marriage is genuine and the EEA national is exercising treaty rights the spouse will be legally in the country provided they do not pose a threat to public health, public policy or security.

[goodenterprise]

Hi Guru

Although the WRS will become obsolete for A8 nationals I do believe HO would argue that as the A8 national did not register with WRS he was not working in the UK legally hence can not sponsor foreign national.

The only thing the A8 national could claim is that he just arrived in the UK, lets say, 3 months ago.

[John]

Although the WRS will become obsolete for A8 nationals I do believe HO would argue that as the A8 national did not register with WRS he was not working in the UK legally hence can not sponsor foreign national.

Well how was this person working? Employed? Or self-employed?

The only thing the A8 national could claim is that he just arrived in the UK, lets say, 3 months ago.

You are suggesting they lie?

[goodenterprise]

HO would also arge that because he did not register his employment would not have been legal and he also would not have been eligible for public funds.

Yes, he was employed AKA working for an employer.

No, I am not suggesting that he lie. All in all, HO would know when he entered UK so it would make matters only worse.

C:is WRS truly going to end for A8 as HO website does not mention anything about it at all.