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WRS issues with permanent residence help!
Posted: Tue Feb 27, 2018 5:10 am
by Neo187
Hi,
My wife has worked in the UK since arriving from Latvia in 2004. She worked for the same multinational company for over ten years, before moving to another company. She cant recall having a WRS as far she knows. I know the scheme is now finished, but its posing interesting questions on the application for perminant residence! They have asked if she worked in the UK between these dates, which she did. They now want her WRS number which she doesnt have. Cicking no, goes to question about her working illegilly here! Help! What should I do? Will her applicaiton get rejected if I put she didnt have a WRS?
Thanks
Re: WRS issues with permanent residence help!
Posted: Tue Feb 27, 2018 7:38 am
by alijawad786
we had the same issue where my wife ended up breaking the rule of leaving one job (agency) and going to another job (agency) within one month of entering UK in 2006.
the rule was to stay with one employer for full one year. so she broke the rule because she registered twice for WRS.
we both EEA+ Non EEA applied for permanent residence this is what we did.
answer all the question accurately because you cant lie or hide things from home office. and then with application wrote a cover letter explaining what happened mainly(the agencies were crap and stopped giving work, what i can assure u is WRS was more of a employer responsibility to register all the workers before commencing work). so what you can do it write a cover letter and explain them what were the circumstances and it will definately go through also try to use qualifying periods after April 2011 this is mainly because WRS was finished after that date for latvia.
its not a very good advice but it will give u a gist of what to do.
Re: WRS issues with permanent residence help!
Posted: Tue Feb 27, 2018 8:48 am
by vinny
alijawad786 wrote: ↑Tue Feb 27, 2018 7:38 am
we had the same issue where my wife ended up breaking the rule of leaving one job (agency) and going to another job (agency) within one month of entering UK in 2006.
the rule was to stay with one employer for full one year. so she broke the rule because she registered twice for WRS.
Registering twice was permitted.
Chapter 7 - Accession State Nationals wrote:Should an A8 national, who has not completed 12 months of uninterrupted legal employment in the UK, change employers, s/he will need to re-register with his/her new employer.
I believe that an interruption of less than 30 days was acceptable.
Re: WRS issues with permanent residence help!
Posted: Tue Feb 27, 2018 10:50 am
by vinny
Neo187 wrote: ↑Tue Feb 27, 2018 5:10 am
Hi,
My wife has worked in the UK since arriving from Latvia in 2004. She worked for the same multinational company for over ten years, before moving to another company. She cant recall having a WRS as far she knows. I know the scheme is now finished, but its posing interesting questions on the application for perminant residence! They have asked if she worked in the UK between these dates, which she did. They now want her WRS number which she doesnt have. Cicking no, goes to question about her working illegilly here! Help! What should I do? Will her applicaiton get rejected if I put she didnt have a WRS?
Thanks
Unless she was exempt from the
scheme, her PR application may succeed if she was a
qualified person for at least 5 years
after the WRS
ended.
Re: WRS issues with permanent residence help!
Posted: Tue Feb 27, 2018 10:53 am
by Neo187
How would I find out if she had a WRS and it's number? Or would I be ok to put yes she had one, but enter zeros for the number or N/A, then write a cover letter stating we no longer have this information and wont know how to obtain it. Its frustrating as it should not be needed anyway, as the scheme finished in 2011, and she has worked here for the 5 year qualifying period after WRS finished. So they shouldn't even need to know this!
Re: WRS issues with permanent residence help!
Posted: Tue Feb 27, 2018 12:21 pm
by Neo187
vinny wrote: ↑Tue Feb 27, 2018 10:50 am
Neo187 wrote: ↑Tue Feb 27, 2018 5:10 am
Hi,
My wife has worked in the UK since arriving from Latvia in 2004. She worked for the same multinational company for over ten years, before moving to another company. She cant recall having a WRS as far she knows. I know the scheme is now finished, but its posing interesting questions on the application for perminant residence! They have asked if she worked in the UK between these dates, which she did. They now want her WRS number which she doesnt have. Cicking no, goes to question about her working illegilly here! Help! What should I do? Will her applicaiton get rejected if I put she didnt have a WRS?
Thanks
Unless she was exempt from the
scheme, her PR application may succeed if she was a
qualified person for at least 5 years
after the WRS
ended.
Thanks, she has been permanently in work since coming in 2004, so the 5 year period is fine. Its just on the applications they still want to know about her WRS, even though this is defunct and really is not applicable to her application, as she has worked continuously since WRS ended anyway. But I just don't know how to proceed with her application, as we have no record of her WRS.
Re: WRS issues with permanent residence help!
Posted: Tue Feb 27, 2018 8:57 pm
by Xter27
I'm not sure if the Home Office is aware of this, but in the
http://www.bailii.org/ew/cases/EWCA/Civ/2017/1751.html, the extension of the WRS from 2009 to 2011 was ruled unlawful.
My understanding is that you should qualify for PR provided that you have exercised your treaty rights for 5 years during 2009-2014, even if you hadn't obtained the WRS certificate. But again, not sure how the Home Office would react to this.
Re: WRS issues with permanent residence help!
Posted: Wed Feb 28, 2018 7:39 am
by alijawad786
Hi,
i would suggest you to answer all application questions correctly. and write them a cover letter saying you were never aware of that she was suppose to register. i think this is better option and in the letter mention and highlight clearly that she has qualified as a worker after WRS was ended in 2011.
people please comment and critic if this isnt a better option?
Thanks
Ali