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Garden Court North wrote:A recent decision of the Administrative Appeals Chamber of the Upper Tribunal (30.1.15) now means that the Workers Registration Scheme will have to be treated as having no legal effect in respect of its final two years’ of operation, potentially affecting the past and future social security, housing and immigration law rights of hundreds of thousands of EU workers.

See: TG v Secretary of State for Work and Pensions (PC) [2015] UKUT 0050 (AAC) (30 January 2015)

Hi all!!!
could anyone confirm that ukba has accepted this ruling.regarding eea people whk have been excercising treatyright especially from 2009 but did not register for wrs.

Thanks

The UKVI appears to be ignoring the Judgment.

I chased GCN Chambers last week, and they've updated the website. DWP was refused Permission to appeal and now it seems they've renewed?! I don't know what it means but if someone could ellaborate please. See below website update.
Thanks

http://www.gcnchambers.co.uk/news/exten ... s_unlawful

UPDATE 10.6.15

Further to below, the DWP was refused PTA to the CA by the UT. DWP has now renewed permission app to the CA. (Hearing has been allocated a window of 31 Jul 2015 to 26 Oct 2015). Further updates will be posted here.

HI,
Any update yet?
I am pretty much in the same situation, the only difference is that my baby is due December 2015. I`ve been living and working in the UK for 12 years and out of all the places I worked for only ONE asked me to register! So now we are worried that the passport will be rejected once we apply. This is so frustrating as I was working everywhere legally with contract, P60 and payslips... but still just one company would ask me to register when they were supposed to do so! Arrrggh!

Yes, it will be much appreciated if anyone can split the light on all this situation. As I also didn't re-register my WRC.

Have we heard anything on this yet? as deadline for hearing(window) has been passed?

Ikonkar wrote:Have we heard anything on this yet? as deadline for hearing(window) has been passed?

UPDATE 14.12.15

Further to previous update, permission has been granted and the appeal has now been listed for 2 days in the Court of Appeal in February 2017 ( ).

Ref: http://www.gcnchambers.co.uk/news/exten ... s_unlawful

http://old.gcnchambers.co.uk/layout/set ... s_unlawful

So if I understand correctly then they have time to appeal until 2017? If it is right then I can't see point because in 2017 it will be almost 6 years and that is the time when everyone from A8 can apply for citizenship anyway....
Or not?

Well those who were refused or lost application fees as a result of the violation, could clearly claim damages.

Hello,

can anyone please confirm if in the meantime the decision of the Upper Tribunal is binding on decision makers (HO or DWP), or they may choose to stay decisions relying on this judgment pending the outcome of any appeal, as it has not entered into force yet?

Anyone aware of successful case based on TG v SSWP (PC) [2015] UKUT 50 (AAC)?

Thank you.

I could be wrong, but I believe that it being accepted for an appeal means that the judgement is suspended and the status quo ante continues until the higher court gives its judgment.

So, the HO/DWP's interpretation of the WRS ending in 2011 applies unless the Court of Appeal judgement orders otherwise.

Has there been any update on the February 2017 appeal? I'm keen to submit my application as soon as possible. Thank you!

BrexitBlues wrote:Has there been any update on the February 2017 appeal? I'm keen to submit my application as soon as possible. Thank you!

This Memo (dated early 2016) reiterates that a hearing is scheduled for this month:
https://www.gov.uk/government/uploads/s ... dm4-16.pdf

Stand by.

Case referred to the CJEU in regards to lawfulness of WRS.

Background to Obie's post:

RP v Secretary of State for Work and Pensions (ESA) (European Union law : free movement) (Rev 1) [2016] UKUT 422 (AAC) (06 September 2016) wrote:(d) A reference is to be made to the Court of Justice of the European Union under Article 267 TFEU as to whether the derogation from Article 7(3)(a) and (b) of Directive 2004/38/EC (“the Directive”) made by regulation 5(3) of the now repealed Accession (Immigration and Worker Registration) Regulations 2004 is inconsistent with Article 7 of Regulation 1612/68 and the terms of Part 2 of Annex XII of the Treaty of Accession of the so-called A8 States.

Thanks Vinny, I am most grateful.

The offending part is Regulation 5(3) of the Accession State worker regulation 2004.

Whiles the Court of Appeal is dealing with the lawfulness of the extension of the WRS, this case will primarily address the lawful of Regulation 5(3), which precludes a person who did not complete 12 months under the Worker Registration Scheme, from retaining their worker status.

This case is likely to have a huge impact on the Scheme, if answered in the affirmative.

Hi
Can anybody tell me anything about an appeal regarding to WRS?
Hearing was 17th of February 2017. Because of lack one signature this ruined my life.
Have You heard anything about this? I'm waiting 2 years ;(
I will be very grateful I can't find any information about this

Hi

I believe that the hearing regarding
Gubeladze v The Secretary of State for Work and Pensions
was vacated.
Hearing status: awaiting a hearing.
I am not sure how long before a new hearing date is given.


http://casetracker.justice.gov.uk/listi ... d=20151796

Thank You for Your reply. Vacated mean the same as post pone?
If yes this is so awful how this government do. New regulation for EU immigrants after 2014 was set day by day . But those regulation saying government was acting unlawful we need to wait more than 2 years?
It's a joke. Government deprived me any money and I have a child. This is awful. Justice is just for people from government not ordinary ones.

Sorry to hear about your situation. I am fed up with the constant changes too.
The justice system should be a lot more efficient..
I believe the court lists more cases than it can hear to make sure it maximises judical time.
Hearings are sometimes post-poned just a few days before they are due to take place, and then
rescheduled for another four to six months in the future.

The hearing has now been postponed to 20th June 2017
http://casetracker.justice.gov.uk/listi ... d=20151796

Interesting, I did not know the proceedings was adjourned. Was actually awaiting promulgation.

Will they be considering the legality of the entire WRS or just its extension?

It is clear that the states are entitled to impose transitional provision, and therefore the question is, the lawfulness of the extension of it.

The case at the CJEU deals with the exclusion of workers subject to WRS to retain work status.