Permanent residence - WRS question

[Matt321]

Hi all,

I'm in a same situation as Martinez83 (well my wife is).
We have first entered UK in June 2010 and since that time we have been working without breaks (apart from holidays).
I have been registered with WRS but my wife has not - she was not advised to do it.

We are married since August 2013.
My wife has got a "registration certificate" - the temporary one since few years.

I can see there is no definitive answer for a question how WRS registration is affecting PR application.

My question is how should we apply?
Separate application for each of us? or there is a way to make it on one application (but it still require sending supporting documents for both of us I'm sure)?
I would rather use short application as new one is just insane.

Thanks in advance.
Mat

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

Hi all,

I'm in a same situation as Martinez83 (well my wife is).
We have first entered UK in June 2010 and since that time we have been working without breaks (apart from holidays).
I have been registered with WRS but my wife has not - she was not advised to do it.

We are married since August 2013.
My wife has got a "registration certificate" - the temporary one since few years.

I can see there is no definitive answer for a question how WRS registration is affecting PR application.

My question is how should we apply?
Separate application for each of us? or there is a way to make it on one application (but it still require sending supporting documents for both of us I'm sure)?
I would rather use short application as new one is just insane.

Thanks in advance.
Mat

Who is A8 national here (you)?

Joint application is fine. Apply by letter if feeling hardcore.
Or go commando and use earlier (simpler) PR form.

Its your choice as the latest 'monster' form is neither mandatory nor a legal requirement.

If not married until 2013 you may not acquire PR status until 2018 unless you can demonstrate a durable relationship beforehand.

[Matt321]

Thanks for moving my post @noajthan.

We are both A8 national, both from same country.

This is confusing then.
If I use only one application form for both of us then we may have to prove that we were together before marriage is that what you are saying? (We were in relationship before we came to UK and lived together since we arrived - this just seem to be more paperwork)

So if using separate applications then I need nothing else than p60s, recent payslips and proofs of addresses lived at. Then my wife need exactly the same plus marriage certificate - is that correct?

BTW - going commando sounds like Ryan R

[noajthan]

Thanks for moving my post @noajthan.

We are both A8 national, both from same country.

This is confusing then.
If I use only one application form for both of us then we may have to prove that we were together before marriage is that what you are saying? (We were in relationship before we came to UK and lived together since we arrived - this just seem to be more paperwork)

So if using separate applications then I need nothing else than p60s, recent payslips and proofs of addresses lived at. Then my wife need exactly the same plus marriage certificate - is that correct?

BTW - going commando sounds like Ryan R

Have both parties been exercising treaty rights in own right?
Have both parties been properly and fully registered for WRS if working in UK in/before 2011?
(including re-registering within first 12 months if any changes of employers?).

If you are in a work sense 'independent' of each other then yes, you will need to (or could) apply each in own right (with separate forms).

However if one of you was dependent on the other then its a different ball game.
Durable partners have to show they had been in a relationship akin to marriage for 2 years. This is how UK has applied its UK immigration-related criteria onto the cleaner, purer EU law.

Note This does not mean a regular gf/bf type relationship or even fiance/fiancee; they won't count.

If you were not in a relationship akin to marriage at the time your best bet is for the dependent to apply as the direct family member of their spouse, ie the EEA national who exercised treaty rights.

That means the dependent's PR clock will have started in 2013 and they should acquire PR status on 5th wedding anniversary in 2018.
That is assuming you remain married (to each other), there's no Brexit & etc.

Has either party enjoyed any prolonged absence from UK since 2010

However the sponsor could still apply for confirmation of PR status ahead of this if they have spent a continuous period of exercising treaty rights in UK for 5 years already. Eg from 2010-2015 perhaps?

The PR guidance is quite comprehensive.
Sponsor needs proof of id, residency & exercising treaty rights. (Bit more than P60s and bills).
Family dependent needs proof of id, proof of relationship, residency & that their sponsor was a qp or had PR status.

Pro tip: make sure sponsor does not go ahead and naturalise before dependent has acquired PR status
Reason: BCs (under UK law) cannot sponsor dependents on EU route.

[Matt321]

I think this explain everything. Thank you @noajthan

As we are independent of each other since we came to UK and we have been both working without a break we will apply separately.

The only thing is my wife did not register to WRS when it existed (so approx. 11 months of work without WRS certificate) but as they need history of residence for "5 years back" I hope this will not make any difference.

Checking commando version of PR application there is a field - Home Office reference number? What is that number? Is it from WRS certificate or something else?

Regards,
Mat

[noajthan]

I think this explain everything. Thank you @noajthan

As we are independent of each other since we came to UK and we have been both working without a break we will apply separately.

The only thing is my wife did not register to WRS when it existed (so approx. 11 months of work without WRS certificate) but as they need history of residence for "5 years back" I hope this will not make any difference.

Checking commando version of PR application there is a field - Home Office reference number? What is that number? Is it from WRS certificate or something else?

Regards,
Mat

History of residence is not simply 5 years back. (People don't just apply for a period over past 5 years).
As in your case you probably acquired PR status in 2015.

If not registered for WRS then wife's PR clock would not have started until WRS ended (April/May 2011).
If she has to rely on you as sponsor that won't matter as she can only acquire PR via you, after 5 years - in 2018.
(as a dependent her activity will have been immaterial so no WRS required).

But if she has been working continuously in own right since 2011 then she could apply in own right;
PR status probably acquired around about now (now May 2016).

HO ref is any id or reference you have had if dealing with HO before. Look on previous official letters from HO.