WRS 2009-11 - Naturalisation rejected

[dawid]

Hi All,

Does anybody know if that domestic law has been updated in the light of new law? I was refused Naturalisation in January 28th, the decision about WRS being unlawful between 2009-11 happened on 30th January.

I only found out about this in June and sent a reconsideration letter. That was also refused as they said they are aware of the law but it still doesn't prove I was exercising my treaty rights correctly.

I am not excellent with law so my question is:

Have they tried to tell me that they can't reverse the decision because at the moment of making the decision - the law was as it was (WRS was mandatory), and if I re-apply they would accept? I know they can't say it but I will not pay another ~1000GBP without some sort of assurance.

Any help would be greatly appreciated

[noajthan]

Hi All,

Does anybody know if that domestic law has been updated in the light of new law? I was refused Naturalisation in January 28th, the decision about WRS being unlawful between 2009-11 happened on 30th January.

I only found out about this in June and sent a reconsideration letter. That was also refused as they said they are aware of the law but it still doesn't prove I was exercising my treaty rights correctly.

I am not excellent with law so my question is:

Have they tried to tell me that they can't reverse the decision because at the moment of making the decision - the law was as it was (WRS was mandatory), and if I re-apply they would accept? I know they can't say it but I will not pay another ~1000GBP without some sort of assurance.

Any help would be greatly appreciated

It appears you are referrring to this UT decision of January 2015, ie: CPC/1026/2014; TG v Secretary of State for Work and Pensions (PC) (European Union law : free movement) [2015] UKUT 50 (AAC) (30 January 2015)

Subject to any appeal, the government will have to amend domestic law to make it compliant with the Upper Tribunal’s decision. It will no longer be able to refuse EU workers the right to reside on the ground of not having complied with the WRS requirements in the period 1 May 2009 and 30 April 2011.

Ref: http://www.rightsnet.org.uk/forums/viewthread/7776

What were the exacts grounds of your refusal?

You seem to suggest it relates to WRS but that HO maintain you have not proved adequate evidence of exercising treaty rights at some critical period of time.

What does the relevant paragraph of the refusal letter actually say?

[dawid]

Okay so that's what they said:

I would advise you that decisions in naturalisation/registration applications can only be reversed (that was a reconsideration letter reply) where it is clear that the original decision was NOT taken in line with the prevailing policy and nationality law at the time the decision was reached. The onus is on applicants to demonstrate that they satisfy the statutory requirements.

Your application was refused because you did not register your employment with <name> on the Workers Registration Scheme as required. It could not therefore be established you had been exercising your treaty rights for a continuous period of 5 years in accordance with the European Regulations in order to be deemed permanently resident in the United Kingdom.

I have noted your comment in relation to the WRS and the legal case TG v Secretary of State for Work and Pensions (PC) [2015] UKUT 0050 (AAC) which was heard by Administrative Appeals Chamber of the Upper Tribunal in January 2015.

Our understanding of this judgment is that it does not affect how permanent residence in the United Kingdom is determined. You have not provided evidence that you registered on the Workers Registration Scheme as required

So many words, so little content - they said the judgment doesn't affect it when it clearly states WRS was unlawful and I provided documentation (P45, P60, payslips) for the time 2009-2011 (that's the period in question)...

What do you think about what was written?

[noajthan]

Okay so that's what they said:

I would advise you that decisions in naturalisation/registration applications can only be reversed (that was a reconsideration letter reply) where it is clear that the original decision was NOT taken in line with the prevailing policy and nationality law at the time the decision was reached. The onus is on applicants to demonstrate that they satisfy the statutory requirements.

Your application was refused because you did not register your employment with <name> on the Workers Registration Scheme as required. It could not therefore be established you had been exercising your treaty rights for a continuous period of 5 years in accordance with the European Regulations in order to be deemed permanently resident in the United Kingdom.

I have noted your comment in relation to the WRS and the legal case TG v Secretary of State for Work and Pensions (PC) [2015] UKUT 0050 (AAC) which was heard by Administrative Appeals Chamber of the Upper Tribunal in January 2015.

Our understanding of this judgment is that it does not affect how permanent residence in the United Kingdom is determined. You have not provided evidence that you registered on the Workers Registration Scheme as required

So many words, so little content - they said the judgment doesn't affect it when it clearly states WRS was unlawful and I provided documentation (P45, P60, payslips) for the time 2009-2011 (that's the period in question)...

What do you think about what was written?

They say this:

... decisions in naturalisation/registration applications can only be reversed (that was a reconsideration letter reply) where it is clear that the original decision was NOT taken in line with the prevailing policy and nationality law at the time the decision was reached

and based on that they have evidently refused your application due to:

You have not provided evidence that you registered on the Workers Registration Scheme as required

Were you registered on WRS (when working in the relevant period during/before 2011)?

As well as evidence of your employment (which you advise you have & had submitted) HO is clearly looking for a valid WRS certificate.

[dawid]

I was registered between 2006-2009, apparently my employer didn't register my in July 2009 (new company), and I couldn't believe my boss wouldn't as she was one of those pedantic businesswomen that needed everything to be right.

But are they saying that they couldn't change their decision because when they made it law was I needed it but if the decision was made after the decision, it could have been reverted?

[noajthan]

I was registered between 2006-2009, apparently my employer didn't register my in July 2009 (new company), and I couldn't believe my boss wouldn't as she was one of those pedantic businesswomen that needed everything to be right.

But are they saying that they couldn't change their decision because when they made it law was I needed it but if the decision was made after the decision, it could have been reverted?

My understanding is you only had to be registered in WRS for your first 12 months of work, as per:
http://webarchive.nationalarchives.gov. ... k/eea/wrs/

Yes, your interpretation and understanding of what the HO letter says appears 'correct'.
They are saying if/as they followed procedure & applied the law (of the day) there can be no grounds for the decision to be overturned.

It appears (according to HO) you did not submit adequate evidence of WRS compliance;
they say they applied the law as it stood at the time & so you were refused.

[wioleta31]

I was registered between 2006-2009, apparently my employer didn't register my in July 2009 (new company), and I couldn't believe my boss wouldn't as she was one of those pedantic businesswomen that needed everything to be right.

But are they saying that they couldn't change their decision because when they made it law was I needed it but if the decision was made after the decision, it could have been reverted?

My understanding is you only had to be registered in WRS for your first 12 months of work, as per:
http://webarchive.nationalarchives.gov. ... k/eea/wrs/

Yes, your interpretation and understanding of what the HO letter says appears 'correct'.
They are saying if/as they followed procedure & applied the law (of the day) there can be no grounds for the decision to be overturned.

It appears (according to HO) you did not submit adequate evidence of WRS compliance;
they say they applied the law as it stood at the time & so you were refused.

Hi,
Sorry to hear that. Same as you I have been working for one employer between 2006-2009 when company was closed and all made redundant. I have registered with Wrs when started working for this company and I was registered first time in 2005 when working with employment agency. When I was made redundant in 2009 lady in employment agency told me that because I worked for 1 employer for 12 months without a break I could send a form(can't remember what form was it) for residence documentation(little blue book) and that after that I wouldn't have to register any more every new job started.
This lady actually saved me from same situation as yours.
I had my naturalisation application approved mid October, didn't have permanent residency card, just provided proof of exercising treaty rights.
Hopefully this made some sense and good luck with everything you do.