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WRS vs. other ways to exercise Treaty Rights

Posted: Tue Oct 21, 2014 6:44 pm
by annagaudia
I am a EU citizenship and i've been here over 11 years. I wanted to apply for British Citizenship but unfortunately i haven't sign up for the WRS when i needed so i can't claim it by exercising my Treaty Rights to work in UK but i was wondering if i can still apply on the basis of studying here (first the language and then my degree). Also does it has to be 5 consecutive years or not?

Here is in short my story:
2003 - came to UK, got working visa for a few months and in 2004 we have join EU
2005 - 2006 - studying language part-time
2005 - 2009 - doing my Master Degree part-time
2008 - present - working but have not registered for WRS so years 2009 - 2011 wouldn't count as proper bases for the application

Therefore can i apply on the bases of studying and being self-sufficient for 6 years from 2005 - 2011? Or maybe studying from 2005- 2009 and working from 2011 - 2014 (when the WRS wasn't required anymore?) I have never used any benefits, not even job seeker allowance.

Any advice would be much appreciated.
Thank you.

Re: WRS vs. other ways to exercise Treaty Rights

Posted: Tue Oct 21, 2014 7:00 pm
by milan69
FAQ:
Q6: I'm an EEA national from A8 country. I never registered with WRS and the scheme has been abolished in 2011. Can I still apply for naturalisation?

Under EEA regulations, EEA nationals from the new joiners in 2004 (the A8 countries) were required to register with the HO within 30 days of starting employment (there were exemptions in certain cases). This scheme was abolished in April 2011. It was the responsibility of the employee to register.

If you never registered, then your employment years can't be counted as lawful under the EEA regulations and will not lead to PR and British citizenship. This means that your 5 years for PR (and 6 years for BC) started in May 2011 (when the scheme was closed). You should be able to apply for naturalisation in 2017.

Re: WRS vs. other ways to exercise Treaty Rights

Posted: Tue Oct 21, 2014 7:13 pm
by annagaudia
Thanks! However that applies if i'm exercising Treaty Rights to work here, however i would like to base my application on my right to study or be self sufficient here, not only on basis of working here.

If i count 3 years for when i didn't need to have WRS that is 2011 - 2014 plus 3 years for when i was studying and being self-sufficient 2008 - 2011 that is 6 years of exercising my Treaty Rights, no?

Re: WRS vs. other ways to exercise Treaty Rights

Posted: Wed Oct 22, 2014 9:09 am
by Julian11
I think you'd be able to go for student followed (2008-09) by self sufficient (09-11) followed by worker (11-now), however you'd need proof of health insurance (non-UK EHIC works, if you have one that was still valid during that time period) to cover study and self sufficiency periods (08-11). Just my guess though.