EEA (PR) for full-time carer on CA

Hi, i'm new to this forum. I would like some advice please. I from Poland and move to Uk appr in 2004. from 2004 - 2013 (end) work full time. On 2014 apply for British passport - but passport was refused on base of (WRS) i have 2 registration, but anfortanatly employer of third job (very big company) not done registration. Now i apply on base of 5 yers (2011.04 - 2016.05). But please can you advice in my situation. From end 2013 my family member ill (recieve enchange rate of pip) and i need provide full time care. On result i temporary stop work and start recieve care allowance and relative benifit. I class 1 driver (and pass all examp in uk - i want return to job asap - after condition of famaly member improve). Can please someone advice me - did this gone effect on my aplication? i over 2 years now recieve care allowence - and really worry, what this can effect my application.

Please, maybe someone can help. I contact home office few times - and recieve 3 answer: 1) - its fine, and its not make effect on application. 2) - Its very complicated situation 50/50 3) - i cant apply - because "carel allowance" its not work. How you can see all advice its different. I find documentaion which probably can proof by eu law what full time carer must calculate like work. I probably can use this information in case of appilation. But maybe someone can give link were i can find more relative information about treaty right when on full - time care.
Hope someone can help me - please.

What did you actually apply for? You can't get a British passport if you are not a British citizen.

I apply for Permanent residence

Alexst wrote:Please, maybe someone can help. I contact home office few times - and recieve 3 answer: 1) - its fine, and its not make effect on application. 2) - Its very complicated situation 50/50 3) - i cant apply - because "carel allowance" its not work. How you can see all advice its different. I find documentaion which probably can proof by eu law what full time carer must calculate like work. I probably can use this information in case of appilation. But maybe someone can give link were i can find more relative information about treaty right when on full - time care.
Hope someone can help me - please.

Note the HO helpline has been known to be unreliable. And advisors are not held accountable for any advice given.
As you appear to have discovered, call up 3 times and get 3 or 4 different and conflicting answers.

It's a little hard to understand the big picture so here are some pointers....

To have a right to reside, work (or study) in UK you, as an EEA national, have to be exercising treaty rights.

As I understand it you are a full-time carer for a family member; so you are not on medical leave yourself and cannot retain worker status (even if you worked before and have given up work to care).

I think that you may instead come into the category of a self-sufficient qualified person.
However to do so you cannot be reliant on state benefits and you must have CSI (sickness insurance) in place.

The challenge you face is that , in my understanding, carer's allowance is not a means-tested benefit; receiving carer's allowance may well impact your status and your PR clock.

Once you have exercised treaty rights in UK, in one or more category of qualified person and continuously for 5 years, you should acquire PR automatically.
(That is assuming any absences from UK have been kept within prescribed limits).

Nowadays to apply for the privilege of citizenship it is a mandatory requirement to have a 'confirmation of PR' card.
If not married to a British citizen, you need to hold PR status for 12 months before applying to naturalise.
(At which time you have to submit the PR card you obtained earlier).

Once you have been naturalised successfully, you may apply for a first British passport. That is a separate process done by separate application.

You can see its a long and complicated process made up of several steps.
First step is to acquire PR and shoot for confirmation of this PR.

Note if you were not properly registered for WRS for the first 12 months of work (& had no exemption of any sort) then your early period as a worker won't be counted towards acquiring PR.

This means your PR clock may not have started until WRS was terminated in mid-2011.
So you could not acquire PR before May 2016 at the very earliest.

And your period as a carer now has to be factored in too.
Do you have a CSI policy?
Do you rely on state benefits?

Many thanks for your reply. I was full time worker since 2004-2013.10. Just in 2014 i find what my third job dont done me WR. I have te registration but they not count. For last 10 years i have 0 absenc from uk. After then my wife ill (she is non EUR) and start recieve (enchange reate of pip) i become full time carer. Its not was my wish. And i very hope what her condition gone soon improve and i can comeback to work. After recieving care allowance i start recieve other benifit. Did this situation not exception? Did i need left wife to died? to recieve care allowance i need look for disabled person at least 35 hours - i look 24 hours per day. Did its not count for work? What i need doing now? Lowyer said its exception i need pay them and they can fill form. Did can i believe them? Please help!

Alexst wrote:Many thanks for your reply. I was full time worker since 2004-2013.10. Just in 2014 i find what my third job dont done me WR. I have te registration but they not count. For last 10 years i have 0 absenc from uk. After then my wife ill (she is non EUR) and start recieve (enchange reate of pip) i become full time carer. Its not was my wish. And i very hope what her condition gone soon improve and i can comeback to work. After recieving care allowance i start recieve other benifit. Did this situation not exception? Did i need left wife to died? to recieve care allowance i need look for disabled person at least 35 hours - i look 24 hours per day. Did its not count for work? What i need doing now? Lowyer said its exception i need pay them and they can fill form. Did can i believe them? Please help!

I understand its very difficult and naturally any loving husband will defend and support his dear wife.

The question of benefits and EEA nationals is a tricky area and I don't know much about it.
Let's see if other members can help with details of any exemptions.

Can I assume you do not have a CSI policy in place?

You have clearly been a worker for a long time.

Let's take another look at your timeline around WRS:

In the first 12 months of work how many employers did you have
Did you register for WRS with each one?
If so how long were you registered before you changed employers?

Are there any gaps where you didn't register

Do you have any letters or certificates from WRS

Somewhere in the forum is an email address for WRS enquiries - I'll post it here for you if I find it.
You can use it to check your WRS status.

Here is the email address for WRS-related enquiries: workerregistration.scheme@homeoffice.gsi.gov.uk

You could contact them to find out your status under WRS (were you partially or fully registered).

Note My understanding is, IF you were working before 1 May 2004 and stayed in same job for 12 months it seems you did not have to register for WRS.
So does that apply to you
Were you working in UK before May 2004?

If so you may have acquired PR automatically already.

Many thanks for all you help. In 2004 when i move to uk i start work in kebab house - i make WRS and work for same employer other year. (but this place now is clouse, i dont have any paper - and i was work virtually for nothing this time - bed and breakfest) After when my english improve in 2005 i start work for big company - and i done WRS again. But in 8 monts i move to another company - This company make all paperwork and unfortanatly not provide them. In 2 years time i move to my last employer (2008-2013.10) hgv driver. I was shure what all my documents was done properly. but just in 2014 i i find what my 3 employer not done registration - they still confirm what all done - but for so long time they distroy all paper. I contact WRS and they inform what i have 2 registration and no third. But did it my falt? i have 0 absence from work since 2004-2013.10 i never rely on benefits and have abot 23k per year. Did my situation not coming to exemption? NO i dont have own inshurance. If i know what i need i defenatly take. But before applying for care income support (becouse i start recieve care asisstent) i pass incapacity test. i always follow all law. I honest person who just have difficult life situation. I better work and have twice more money if i can - but how i write before whith my wife diases she can died without supervising. I find 2 way to try appeal in case of refuse of application. 1 - worker its person who provide service to other and recieve for this payment (carer - must provide service at least 35 hours and he recieve payment for this) Did it not mean what carer allowance make proof what person in work. 2 - Self suffiecent person - person who work without registration and not relly on benefit. Yes i dont done WRS (but did its my falt - did my 2 wrs not proof what i honest person?) but i work i pay all tax i not relly on benefits - did its can count like self suffiecent person??? I dont believe what i only one person whos family member ill and they must temporarry stop work to provide full time care. I dont know what to do - her is my whole life.

Alexst wrote:Many thanks for all you help. In 2004 when i move to uk i start work in kebab house - i make WRS and work for same employer other year. (but this place now is clouse, i dont have any paper - and i was work virtually for nothing this time - bed and breakfest) After when my english improve in 2005 i start work for big company - and i done WRS again. But in 8 monts i move to another company - This company make all paperwork and unfortanatly not provide them. In 2 years time i move to my last employer (2008-2013.10) hgv driver. I was shure what all my documents was done properly. but just in 2014 i i find what my 3 employer not done registration - they still confirm what all done - but for so long time they distroy all paper. I contact WRS and they inform what i have 2 registration and no third. But did it my falt? i have 0 absence from work since 2004-2013.10 i never rely on benefits and have abot 23k per year. Did my situation not coming to exemption? NO i dont have own inshurance. If i know what i need i defenatly take. But before applying for care income support (becouse i start recieve care asisstent) i pass incapacity test. i always follow all law. I honest person who just have difficult life situation. I better work and have twice more money if i can - but how i write before whith my wife diases she can died without supervising. I find 2 way to try appeal in case of refuse of application. 1 - worker its person who provide service to other and recieve for this payment (carer - must provide service at least 35 hours and he recieve payment for this) Did it not mean what carer allowance make proof what person in work. 2 - Self suffiecent person - person who work without registration and not relly on benefit. Yes i dont done WRS (but did its my falt - did my 2 wrs not proof what i honest person?) but i work i pay all tax i not relly on benefits - did its can count like self suffiecent person??? I dont believe what i only one person whos family member ill and they must temporarry stop work to provide full time care. I dont know what to do - her is my whole life.

Understood. You have a lot on your plate and have taken the life challenges as best as you possibly can.

Well let's see what may be done...

You didn't have to be registered on WRS for every job.
You only had to be registered for the first 12 months of work; (that is if the UK job started after 1 May 2004).

And if you changed jobs in the first year you had to re-register (inside 30 days). But only during the first year - that is all.

You did not have to register for every year up until 2011.

So did you start first job before 1 May or after 1 May 2004
Did you stay there at least 12 months

If you have no records then you may be able to get a copy of your WRS documents via the WRS email I posted above.
Other members have done this.

Good luck.

Many thanks for you help. Before 2004 i was student in my country and come to uk for summer work. But in 2004 i move permanent to uk. My first job was in kebab. Yes i done on first job WRS. Before first and second job (i done WRS on second job) over 12 monts. But my application for naturalisation in 2014 was reject because i cant provide evidence from my first job. How i told i work for (bed and breakfast). This place its clouse and i dont have any evidence. From second job i start recieve appr 18k per year and on my last job (2008-2013) about 23k per year. Unfortanatly on my second job i work appr 8 monts. On new job i was told what office made all apllication but they never give them on hand. How i told they even now saying what all was done.
I cant count my first regstration - no evidence
My second registration (8 monts)
And on third job someone done misstake - i not was very familar with this - but i person who always follow all law and unfortanatly i believe to office (its biggest company in our city - with thousand workers)
Before 2004 i cant count - i was student in my country and was in uk on student visa
My option just proof what is not my wish to temporarry stop working. Its not my falts what registration not was done. If not calculate first job - from 2005 i pay all tax i have inshurance number since 2004-2005
I dont know what to do

Alexst wrote:Many thanks for you help. Before 2004 i was student in my country and come to uk for summer work. But in 2004 i move permanent to uk. My first job was in kebab. Yes i done on first job WRS. Before first and second job (i done WRS on second job) over 12 monts. But my application for naturalisation in 2014 was reject because i cant provide evidence from my first job. How i told i work for (bed and breakfast). This place its clouse and i dont have any evidence. From second job i start recieve appr 18k per year and on my last job (2008-2013) about 23k per year. Unfortanatly on my second job i work appr 8 monts. On new job i was told what office made all apllication but they never give them on hand. How i told they even now saying what all was done.
I cant count my first regstration - no evidence
My second registration (8 monts)
And on third job someone done misstake - i not was very familar with this - but i person who always follow all law and unfortanatly i believe to office (its biggest company in our city - with thousand workers)
Before 2004 i cant count - i was student in my country and was in uk on student visa
My option just proof what is not my wish to temporarry stop working. Its not my falts what registration not was done. If not calculate first job - from 2005 i pay all tax i have inshurance number since 2004-2005
I dont know what to do

Suggest email the WRS address (as above) to ask for any records they have about you.

If there is nothing on file for that first job then, unfortunately, your WRS seem invalid due to the second job only lasting 8 months and not re-registering after that for the 3rd job.

So mail the WRS as a first step and see what comes up.

If that period of work can't be used then you need more detailed advice on your more recent status as carer for your wife.
Unfortunately, it seems you cannot rely on claiming 'self-sufficient' status due to lack of CSI plus necessary reliance on various benefits.

Perhaps other members can help out in that area and advise on any possible exemptions.

Many thanks for all you help. I allredy recieve mail from WRS and this not help me. I think i have just 2 way to doing - 1 - its proof what its not my falts what employer miss registration and by eu law calculate unregistration work like self sufficient. In this case i need provide privat medical inshurance - again by eu law i can try proof what "nhs" cover this.
Or second way proof what "full time carer" can calculate like worker. Because to recieve "care allowance" person need provide care for at least 35 hours.
I really hope what someone who maybe have similar situation or maybe lowyer can help me or can give link for some exemption.
With regards

Can someone please give me link or proof what "carer allowance is considered as working" I from poland and I want apply for permanent residence on base of living in uk for 5 years - 2011 - 2016. But in 2013.10 my wife become very ill and she need 24 hours care. I must temporarry stop work and provide care (start recieve Carer allowance - and relative benefit) from 2013.10 till now
What impact its gone make to my application?
Did its exemption?
Did its any wellfare or human protection in this case?
Please - i really need your advice and help due to preparing form for permenant residence
Thanks to all

bro in my case they did not consider the carer allowance as income.


thanks
akz

Being in receipt of Carer allowance is classified as working for the purpose of the EEA Regulations. For that, the work must be "genuine and effective". "Working" in this context is understood as involving either employment or self-employment.

Do you and your spouse have CSI/private health insurance for the entire period that you have not been working?

secret.simon wrote:Being in receipt of Carer allowance is classified as working for the purpose of the EEA Regulations

@Simon, I think you have missed a "not" (?)

Alexst wrote:Many thanks for all you help. I allredy recieve mail from WRS and this not help me. I think i have just 2 way to doing - 1 - its proof what its not my falts what employer miss registration and by eu law calculate unregistration work like self sufficient. In this case i need provide privat medical inshurance - again by eu law i can try proof what "nhs" cover this.

Or second way proof what "full time carer" can calculate like worker. Because to recieve "care allowance" person need provide care for at least 35 hours.
I really hope what someone who maybe have similar situation or maybe lowyer can help me or can give link for some exemption.
With regards

Unfortunately, NHS provision is not accepted as a replacement for CSI. A number of court cases have determined this.

I do not believe full-time caring will be categorised as work in the context of EU law.
What is required here is some sort of exemption if any member is aware of such a route.

To avoid confusion & jumbled responses, I have moved your latest question to your original topic (this one).

Many thanks for you help. I really lost - to recieve care allowance i pass all test, i ligally all recieving. Now i have even some advice what i illigal in this country. Which put me down. I have home, married in uk, child in school, even 3 dogs - and what now? How i allredy told i think its can proof what registration not my falt - i done 2, but my 3th employer just give me false information. And care allowance again not very smooth - to recieve care allowance people need pass all test to proof they ligal in uk - i all pass - and what now? Or did i must left wife along what she can died? Did "daily enchange rate of pip" not proofing what work is real.
Dear all readers maybe someone have similar situation, maybe they know exemption maybe they was in court or maybe some lowyer read this tipic - please respond to me with help. I hapy to recieve any help in this difficult time for all my family. MAny Thanks to all

Alexst wrote:Many thanks for you help. I really lost - to recieve care allowance i pass all test, i ligally all recieving. Now i have even some advice what i illigal in this country. Which put me down. I have home, married in uk, child in school, even 3 dogs - and what now? How i allredy told i think its can proof what registration not my falt - i done 2, but my 3th employer just give me false information. And care allowance again not very smooth - to recieve care allowance people need pass all test to proof they ligal in uk - i all pass - and what now? Or did i must left wife along what she can died? Did "daily enchange rate of pip" not proofing what work is real.
Dear all readers maybe someone have similar situation, maybe they know exemption maybe they was in court or maybe some lowyer read this tipic - please respond to me with help. I hapy to recieve any help in this difficult time for all my family. MAny Thanks to all

This information from the Aire Centre offers a glimmer of hope (but no guarantees).
Suggest you contact them for up to date information on their initiative on behalf of carers in UK:

If you are faced with the issue outlined in this note, or if you are representing someone in this position, please do not hesitate to get in touch with us via info@airecentre.org

See http://www.airecentre.org/data/files/re ... s-2014.pdf

Alexst wrote:Now i have even some advice what i illigal in this country. ... child in school

If the child started school before you stopped working, then you are legal as you have a derived right of residence while the child is in school and you are its primary carer, by Regulation 15A(3). By the precise words of the regulation, the child doesn't need to have started school while you were still working. The bad news is that a derivative right of residence does not count towards acquiring permanent residence. Under current rules, I believe you would have to apply for ILR on the basis of long lawful residence before your child left school.

Many thanks for you help, its good news (not what i need but at least i know what i ligal in uk). I still preapering form - who knows maybe my situations can coming to exemtion, but i think everybody can agree what its better collect information for the appelation in case of refuse. Really i done misstake - but only becouse i accept advice from home office when they refuse my application for naturalization due to WRS - i must straith appeal on base what i lawfull person i made 2 WRS and third job provide me false information - they doing all paper and never provide them on hand - they even now saying what all was done - but WRS say different.
I think its strong case for appeal - special with my job which coming to around 23k per year (i shure for someone its small money but i think for residency its good positive point) And again its showing in my new problems with "care allowance" what i not have option, just temporary stop work to provide full time care. I not big fun of cooking cleaning washing but life push me to do this - i better doing my job (hgv class 1) sit in worm lorry and deliver staff to sainsborry aqnd recieve for this lots lots... better money.
I hope someone provide me more point to protect my right and for appelation. If someone have similar situation maybe we can contact by phone, disscuss - what and how we need do

noajthan wrote:This information from the Aire Centre offers a glimmer of hope (but no guarantees).
Suggest you contact them for up to date information on their initiative on behalf of carers in UK:

If you are faced with the issue outlined in this note, or if you are representing someone in this position, please do not hesitate to get in touch with us via info@airecentre.org

See http://www.airecentre.org/data/files/re ... s-2014.pdf

Still suggest contacting the Aire Centre asap.

Noajthan - many thanks, you from first day helping me - Thank you very much. Yes i find them and read they files. I think they really GREAT company. From they files i find lots new information - and i hope they can give advice - looks like in 2014 they sort similar to my situation with care allowance. I send them emayl, and i really hope they can help me.