ILR

[pvz]

Hello,
Just wonder if anyone can help me. I am very new to this fourm. I am from Hungary i came to Uk on June 2002 on Au-pair visa. 2004 my country join EEA i dont need any visa after that. 2004 i joined some company and still working in that company.
i register in 2004 in Worker Registration Scheme.

i am having 3years p60's but i am not having any proof of payslips or P60 for 2 years in which i work for Au-pair job.

My question
Is my Au-pair visa counts to compleat my 5years
i am eligible for ILR or not
if i am eligible to ILR is there any problem from p60 which i am not having for 2years.

if anybody know please reply me soon.
my english is not good. sorry !!! if any one wont understand.[/list]

[John]

Hi, the technical answer to your question about ILR is no! Not ever! But at a certain point in time you will be eligible for PR .... Permanent Residence ... which is the EEA/EU equivalent of ILR.

The distinction is important, if only because to get PR you don't need to pass the Life in the UK Citizenship Test, whereas for ILR you do.

The slightly revised wording of your question .... I am eligible for PR or not .... is not yet! Some new EEA/EU regulations came into force on 30.04.06. They changed lots of things, mostly for the better. However one side-effect is not that good for A8 nationals such as yourself.

That is, prior to 30.04.06 the time in the UK prior to your country joining the EEA/EU on 01.05.04 would have counted towards the then 4 year period to get PR. However as you did not spend 4 years in the UK prior to 30.04.06 you could not possibly have made an application for PR under those pre-30.04.06 provisions.

As from 30.04.06 the 4 years becomes 5 years, but also ... regretfully ... the time in the UK prior to 01.05.04 no longer counts towards your 5 year period. Thus it is the case .... assuming you continue to exercise EU Treaty Rights in the UK .... you will get PR status on 01.05.09 ..... 5 years after 01.05.04. Indeed you would get that PR status on 01.05.09 automatically and without even applying for it! Another of the changes means that applications are no longer absolutely necessary. Or put it another way if you apply for Permanent Residence sticker, that sticker would merely confirm the PR status that you actually have.

The good news is that the year you spent registered on the WRS does count towards the 5 year period.

Can I ask, the reason for your asking your question? Are you thinking of becoming a British Citizen? If so you will need to have the PR status for at least one year before applying, so possibly from 01.05.10. (Unless you are or become married to (or in Civil Partnership with) a British Citizen, in which case no need to wait that further year.

[pvz]

thanks John for your quick and clear reply.

to becoming a British Citizen.

[johnsienk]

<original post deleted>

[olisun]

>>Hi, the technical answer to your question about ILR is no!

Not exactly, unless I am missing something. My Polish housemates applied for ILR last year and got it. He worked as a nurse in UK since 2002 I believe, she (his wife) was on a dependent visa. They applied for ILR last year and the application was initialy rejected because he submitted only four P60s. They appealed by sending the latest P60 and got their IRLs. They want to apply for citizenships later this year. Am I missing something here? It's late now so I can not ask them more details, but if you have any particular questions I'd be happy (and interested) to ask them.

John S.

Were they on a WP?

[johnsienk]

<original post deleted>

[John]

Were they on a WP?

My thought exactly, if they stayed on a WP route, and never registered on the WRS or used the EEA/EU route, what has been posted is entirely logical.

Also johnsienk, you mention "last year" ... 2006 ..... they applied before 30.04.06? Or on or after that date?

[olisun]

He was an A&E nurse, so must have been on WP, as Poland was not part of the EU then. She later got a dependent visa (married him after he got the visa).

John S.

The A8 accession didn't effect them since He was on a WP which is one of the routes to settlement in the UK.

[johnsienk]

<original post deleted>

[johnsienk]

<original post deleted>

[johnsienk]

<original post deleted>

[John]

They applied BEFORE 30.04.06.

In which case the new EU/EEA regulations that came into force on 30.04.06 could not possibly have had any effect upon them.

if someone was on WP before 01.05.2004 for say, 3 years and 364 days, these years are not "lost" and the counter is not 'reset' for them. But if someone was legally on other visa (e.g. business visa), they have to start counting again as from 01.05.2004?

If someone was on a WP for 3 years and 364 days prior to 01.05.04, they would obviously have applied for ILR at that time, and thus such application for ILR would have been made (well) before 30.04.06 when the new EU/EEA regulations came into force.

Do appreciate that respective effect of the new EU/EEA regulations. Prior to 30.04.06 pre-01.05.04 time counted ... as from 30.04.06 pre-01.05.04 time does not count ... if the person has gone on to the EU/EEA path.

Coming back to the OP, pvz, they are clearly caught by the retrospective nature of the change.

[Docterror]

I do not know why HO asked them for the fifth P60,

Maybe the first p60 showed only a couple of months work and then the 5th p60 would have been needed to show that the 4 years needed have indeed been completed. I cannot see any other reason. Anyone else care care to take a swing?