They refused my EEA3 application

[Szilvi]

Hello, I need some help because I don't understand why they refused my application.

They gave me a reason which is: "As an Accession State national worker you must complete 12 months legal employment with an employer that is registered wit the worker registration scheme; this year must constitute the first of the five years required for a document vertifying permanent residence."

I was employed from 14/07/08 and I've got the WRS card with date of issue 08/10/08. I again registered on the WRS on 07/01/09 and again with my current employer on 18/03/09.
Where did they count hte 5 years from? When I started to work or when they issued my WRS card? If the date of issue then why did s/he write that reason above? Also she wrote that I wouldn't qualify the 5 years until 18/03/14. So the first 2 registration doesn't matter? I'm confused.
Shall I appeal?

Thank you for your help.

[askmeplz82]

Hello, I need some help because I don't understand why they refused my application.

They gave me a reason which is: "As an Accession State national worker you must complete 12 months legal employment with an employer that is registered wit the worker registration scheme; this year must constitute the first of the five years required for a document vertifying permanent residence."

I was employed from 14/07/08 and I've got the WRS card with date of issue 08/10/08. I again registered on the WRS on 07/01/09 and again with my current employer on 18/03/09.
Where did they count hte 5 years from? When I started to work or when they issued my WRS card? If the date of issue then why did s/he write that reason above? Also she wrote that I wouldn't qualify the 5 years until 18/03/14. So the first 2 registration doesn't matter? I'm confused.
Shall I appeal?

Thank you for your help.

Your legal employment start from the WRS issued date ( 08/10/08 ) .

So , 1st employer : 08/10/08
2nd employer : 07/01/09
3rd employer: 18/03/09

Normally A8 national need to registered continuously for 12 months and maximum break allowed if you switch jobs is one month

Based on this you qualify PR 5 years after first WRS issued date ( unless there was a break )

Was there any break more then one month in the first two WRS?

Tell us exact date

[Szilvi]

I registered with an agency on 14 July 2008 and the WRS card issued on 08 Oct 2008. My first payslip from this employer was issued on 31 Oct 2008 and the last one on 28 Nov 2008. I changed job on 10 Dec 2008 and they registered it on 07 Jan 2009. My first paslip was issued on14 Dec 2008 and the last is 08 Feb 2009. I again changed job on 14 Feb 2009 and I'm still working here since then. They registered this on 18 March 2009.
So, if I appeal after 08 Oct 2008 will I get it or it is better to apply again?

[askmeplz82]

I registered with an agency on 14 July 2008 and the WRS card issued on 08 Oct 2008. My first payslip from this employer was issued on 31 Oct 2008 and the last one on 28 Nov 2008. I changed job on 10 Dec 2008 and they registered it on 07 Jan 2009. My first paslip was issued on14 Dec 2008 and the last is 08 Feb 2009. I again changed job on 14 Feb 2009 and I'm still working here since then. They registered this on 18 March 2009.
So, if I appeal after 08 Oct 2008 will I get it or it is better to apply again?

So 10/08/2008 - 28/11/2008

10/12/2008 - 08/02/2009

14/02/2009 - until now

When did you applied for EE3 ? I think they thought you had break in employment more then 1 months between jobs

Make sure you send contract letter or letter from the past employer so home office can see there was no break in employment more then 30 days from 10/08/2008 - 10/08/2009

New application I suggest

[Szilvi]

But the payslips show there were no breaks between 2 jobs. I haven't got contracts.:S
I applied on 2/09/13, so it was too early. I'd better to apply again next week...

[Szilvi]

Also they wrote this
"In your application you state that you were employed for 5 continuous years. You first registered on the WRS on 08/10/08 with '1st employer'. To support this you provided payslips from this employer dated 31/10/08 to 28/11/08. You again registered on the WRS on 07/01/09 with '2nd employer' and have provided payslips from them dated 14/12/08to 08/02/09.
You again registered on the WRS on 18/03/09 with '3rd employer' and have provided P60's 2009-2013. You therefore completed 12 months continuous employment with this employer. This would mean that yous would not qualify until 5 years from this date on the 18/13/14.

[askmeplz82]

Also they wrote this
"In your application you state that you were employed for 5 continuous years. You first registered on the WRS on 08/10/08 with '1st employer'. To support this you provided payslips from this employer dated 31/10/08 to 28/11/08. You again registered on the WRS on 07/01/09 with '2nd employer' and have provided payslips from them dated 14/12/08to 08/02/09.
You again registered on the WRS on 18/03/09 with '3rd employer' and have provided P60's 2009-2013. You therefore completed 12 months continuous employment with this employer. This would mean that yous would not qualify until 5 years from this date on the 18/13/14.

From the HMRC website :

An A8 worker who has worked legally in continued registered employment for 12 months or more without interruption (i.e. periods of unemployment must not total more than 30 days in any 12 month period) is entitled to full free movement rights and is no longer required to register.

From the UKBA website:

What counts as 12 months ‘uninterrupted work’?

'Uninterrupted work' means you must not be out of work for more than a total of 30 days in a 12 month period. You will need your registration certificates and other evidence of employment to show 12 months' uninterrupted employment.

http://webarchive.nationalarchives.gov. ... k/eea/wrs/

If applicants change their jobs within 12 months, their registration will have to be renewed.

[Szilvi]

Thanks for your help. I still don't know when I should apply again. I counted the day when I didin't work and it was less then 30, so I don't know why she wrote 18/03/14 to apply.

[askmeplz82]

Thanks for your help. I still don't know when I should apply again. I counted the day when I didin't work and it was less then 30, so I don't know why she wrote 18/03/14 to apply.

I think they need to see that break in employment less then 30 days

Can you prove it ?

The only way you can prove it is by letter from the past employer or contract

Taken from UkBa website :

• Those persons required to register should do so as soon as they start work, However, provided that they apply within one month of starting work, they will be considered as working legally for their employer,


So I believe you should be fine apply after 8th this month

There is a website called " your Europe " They will give free legal advice

http://europa.eu/youreurope/advice/enquiry_en.htm