Immigrationboards.com

Hi,

I need an advice. I'm EU A8 national who came to UK in 2006 (second time) already having a contract for full time job with my company. I've never registered on WRS (neither me nor my employer knew about the scheme)
I've obtained DCPR based on 5 year period since WRS was abolished and according to SAR my PR entitlement is 01/05/2016. The question is missing WRS registration completely would affect my "good character" requirement? If so then I'm facing 10 year rule which ends on 01/05/2021?

Not keen to waste £1236 plus NCS fee.

Kind regards,

Germans.

That is the 64,000 Euro question.
If you apply soon yours may be one of the first 'does lack of WRS breach good character' test cases.
Good luck.

Thanks! 
Still have to wait until May when I become eligible for naturalisation. But be honest I don't want to bet over £1000 also. I prefer to wait and see

This is an official reply from UKVI:

Examination of our records has shown that you have been issued a document certifying your permanent residence status in XXX, which did not require any confirmation that you had registered on the WRS.

As such, not having WRS confirmation will not have a bearing on any application for naturalisation you may wish to submit.

Sounds promising.

Another official reply from UKVI on whatdotheyknow:

If you have been granted PR then the WRS aspect of the case has been dealt with at that stage really. The absence of you not registering would be unlikely to be considered as an element of your good character consideration. Just not registering and not realising you had to is unlikely to be a character issue.

The way I understand it, without WRS, you were lawfully present, but not legally resident.

EEA citizens not exercising treaty rights-and not explicitly barred from the UK on grounds of national security, public policy or public health-are lawfully present in the UK (under the Treaties).

Directive 2004/38/EC specifically requires certain conditions to be met for the presence to be recognised as residence.

But even without treaty rights, you were not illegal in the UK.

See below extract from https://www.freemovement.org.uk/positio ... ing-brexit:

In EU law, any EU national has a right of admission to another Member State and can then physically remain in that Member State without breaching any immigration laws. However, only certain EU nationals acquire in EU law what is called a “right of residence”. This is more than the right to be physically present as it also confers the right to be joined by other family members, to claim welfare benefits and, eventually, the right to permanent residence.

The four main ways to acquire a right of residence are:

Work
Self employment
Self sufficiency
Study

Pretty much exactly what I said above.