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Dear All,

I'm wondering if there is someone on this forum from EEA country who applied for British Citizenship and was successful despite of late registration on Working Registration Scheme in the past.
I meet all requirements for British Citizenship, I recently received PR card confirming my 5 years of legal work in the UK but my worry is that in the past I registered with WRS 2 years after I should and it might be treated as a breach of immigration law for British Citizenship purpose.

There is some information in a booklet saying that: "you might be refused if you have been in breach of immigration law during the residential qualifying period. Any immigration offences will be considered as part of the Good Character requirement. This includes breaches in the 10 year period before you apply for naturalisation" and also point 9 from the booklet:
The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having: been detected working in the UK without permission, failed to comply with any conditions imposed under the Immigration Acts, failed to report".
does it mean that I need to wait for 10 years from the date when I was working without WRS to be on the safe side and apply for British Citizenship without of fear of loosing money?
Please help! Thanks!

Good question - a lot of people would probably like to know the answer to this one.

noajthan wrote:Good question - a lot of people would probably like to know the answer to this one.

I remember us having a discussion about this awhile back, am of the opinion that if the HO choose to apply the good character requirement harshly - like they have been doing - then they will fail an application because of this.

Has anyone ever been prosecuted for not registering on WRS when they were required to?

I've decided to take a risk...
I booked National Checking Service on 14/03 but availability was so poor around London NCS that I had to book it for 6:45pm so I have no chance to ask someone there to call Home Office and answer my question (I don't think Home Office is still open at 6:45pm )
If I loose money it will be £1005, not the new fee.
I let you know what it will happen with my application as soon as I get decision from Home Office.
Thanks for your emails.

Hi Anusia, can you confirm that you were granted Perm. Residence documentation after declaring late registration on WRS, please? We are in a very similar situation and worried that late registration/no re-registration with the new employer may result in rejection of PR. Thanks. Good luck with your Citizenship application!

I was about 5 months late but was granted citizenship no probs.

WRS had nothing to do with Immigration Law (it was related to something else I cant remember) so you were never in breach of it really.

Kingfisher2, yes, I have received permanent residence card.
I registered with WRS with first employer, then I changed job after 3 months and didn't know that I had to re-register so I have done it almost 2 years later than I should.

1kiril, thanks for your email. Which year you applied from British Citizenship?
Was it when the new regulations about good character requirements were introducted ( I think in 2014)?

Anusia wrote: 1kiril, thanks for your email. Which year you applied from British Citizenship?
Was it when the new regulations about good character requirements were introducted ( I think in 2014)?

March 2015.

I also believe you'll be fine. They probably regard non-WRS registration similar to students without CSI; not illegal or in breach of any immigration laws but not able to exercise treaty rights and therefore unable to count this period towards PR etc.

LilyLalilu wrote:I also believe you'll be fine. They probably regard non-WRS registration similar to students without CSI; not illegal or in breach of any immigration laws but not able to exercise treaty rights and therefore unable to count this period towards PR etc.

If this was true, she wouldn't have obtained DCPR, unless another 5 years have passed since WRS registration. It's hard to guess, perhaps researching past examples on this forum would help.

To clarify my late WRS registration: my first job started in Sept 2006 (registered with WRS), then I started my second job in December 2006 and didn't register it with WRS. I did it in 2009 in October and from this date (date of issue of re-registration, not from the start date of my second employment) Home Office counted my years to PR.

You should be fine. The failure to register with WRS is not a breach of immigration law. This means you could have been fined for this, but not deported. The WRS was only used for statistics, to see how many people from A8 countries had started working in UK since they joined EU.
I was granted British citizenship last year though I had registered with WRS couple months late.
The lady at NCS called the HO and HO confirmed what I mentioned above.

Torex, 1kiril, Pesti, LiliLalilu thanks a lot!
I feel much better as before I thought it is 50% risk of failing on this reason.
I'll keep updated everyone who is interested in my case.
Thanks

Kingfisher2, you will be fine with your PR as well. Don't forget to explain your late registration (point 9.13), point 9.16 tick worked without permission and fill point 9.18 with dates of unauthorised work.
I received PR card and you will get it, too.

Dear all,
Just let you know National Checking Service sent my application for BC but before they did it they checked with Home Office if my late registration with WRS is acceptable for BC purpose.
As my appointment in checking service was in the evening they called Home Office next day in the morning.
All seems to be ok. My application has been sent and already been received by Home Office.

Hi Anusia,
thanks for your reassuring words. My problem is not a late registration. I have registered with WRS when I started working in December 2006 (registration came in Feb.2007) but have changed the working place (school) 8 months later. As I remained in the same industry (education) doing exactly the same job (and again on permanent & full time contract) without breaking the employment, I thought that the first registration was still valid. Apparently not and it seems that the years between September 2007 - May 2011(end of WRS) do not count towards my PR as I 'worked illegally'.
Any advice, please?

Provided that you have exercised treaty rights continuously from May 2011-May 2016, you can apply for your DCPR in May 2016. Once the year on PR required for citizenship has passed, we will hopefully know more on how the HO interpret periods without WRS and how it impacts on the good character requirements. As I said, I personally do not think it will be an issue, but always good to know for certain

Dear all,

Last week I received Home Office letter with confirmation that my application was successful so hopefully this information can help everyone who has similar case to my one.
Thanks and Good luck !!

congrat, Anusia!

Anusia wrote:Dear all,

Last week I received Home Office letter with confirmation that my application was successful so hopefully this information can help everyone who has similar case to my one.
Thanks and Good luck !!

Anusia wrote:Dear all,

Last week I received Home Office letter with confirmation that my application was successful so hopefully this information can help everyone who has similar case to my one.
Thanks and Good luck !!

Congratulations - you smashed it!

Thanks once again for your help!

[quote="Kingfisher2"]Hi Anusia, can you confirm that you were granted Perm. Residence documentation after declaring late registration on WRS, please? We are in a very similar situation and worried that late registration/no re-registration with the new employer may result in rejection of PR. Thanks. Good luck with your Citizenship application![/quote]

Hi Kingfisher2.

I'm in exactly same situation as you. Do you have any news? Thanks

LuboT wrote:

Kingfisher2 wrote:Hi Anusia, can you confirm that you were granted Perm. Residence documentation after declaring late registration on WRS, please? We are in a very similar situation and worried that late registration/no re-registration with the new employer may result in rejection of PR. Thanks. Good luck with your Citizenship application!

Hi Kingfisher2.

I'm in exactly same situation as you. Do you have any news? Thanks

Hi Lubo

I have applied for PR on May 2016, and got it.(It took 5 months.) My country joined EU in 2004; as I did not re-register on WRS, the years between 2004- 2011 did not qualify towards my application (WRS ended 30.04.2011). I was advised to wait full 5 years till May 2016. You must be working for last 5 years to qualify. Good luck.