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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Hello I would like to ask 2 part question but I need really

Customer Question

Hello

I would like to ask 2 part question but I need really precise answer

I am Polish and I came to UK in July 2006 and I stayed here till 31 October 2006.( During that time I registered under worker registration scheme ) . Then I went to Poland. I came back to UK in February 2007 and I got a job in April . (I did not let home office know that I have a new job as the secretary at that job did not send the application I gave her) I worked there till November 2008 and then I went to Poland.
I came back to UK in January 2009 and I had a few jobs but never let home office know about it , I just neglected it. I started working full time on march 2010 and when I got married in 2011 home office send letter to my employer that I am illegal and I was suspended till I sorted out with home office , which I did in 1 month so I got working working registration certificate since 10 November 2011 . ( I just neglected sending my application again in all these jobs )
So my question is: can I apply for residency here now because when I add the time I spent in UK is 4 years . ( hope it is not problem I had breaks and I was in Poland 2 times for period of 3 months each) . Also I do not know how it will count because all these time I was working without letting home office know I have a new job but I was paying taxes and NI normally like everybody .
( also I know that people from Poland no longer have to register under registration scheme) ,

so please let me know what I can do to get residency , how this process looks like ?


and the second part of question is . I have been married to Thai lady since October 2011 and she got this kind of visa ( Family Member of an A8 National Under Worker Registration Scheme - valid until 22 November 2011 , Date of issue 6 April 2011)

so my question is: what kind of application she need to send to get right to be here.
we are confused because I have been here long and I do not know if I could have residency maybe she could apply for different visa.
also take into consideration that I got working registration certificate since 10 november 2010 and her visa expires on 22 november 2011. it is not full year of working for me under working regitration scheme before we send my wife application
We are really lost , so please answer me this 2 questions

Optional Information:
State/Country relating to question: United Kingdom
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : Thank you for requesting me.
Awan-Legal : In order to apply for permanent residence, you must have worked continuously in the UK for the past five years, so from October 2006 to October 2011. It does not matter whether you informed the Home Office or not since you are entitled to live and work in the UK as a Polish national. The main thing Is that you paid taxes and have evidence that you worked in the UK. To meet the requirement for permanent residence though you will need to show that you did not have a gap of more than six months in the five year period. I have worked out five months from the information that you have given me so if there was a one month gap in the jobs you did between January 2009 to March 2009, then you can apply for permanent residence in the UK, otherwise you may need to wait until there is less than a 6 month gap in your employment (eg February 2007 to February 2013).
Awan-Legal : Please click accept on my answer and let me know if I can help with any other questions.
Customer:

I asked you 2 part question and you answered me just one part . Second part was:I have been married to Thai lady since October 2011 and she got this kind of visa ( Family Member of an A8 National Under Worker Registration Scheme - valid until 22 November 2011 , Date of issue 6 April 2011) so my question is: what kind of application she need to send to get right to be here. we are confused because I have been here long and I do not know if I could have residency maybe she could apply for different visa. also take into consideration that I got working registration certificate since 10 november 2010 and her visa expires on 22 november 2011. it is not full year of working for me under working regitration scheme before we send my wife application We are really lost , so please answer me this second part .

Customer:

Also to mention I think I had a gap longer than 6 months. does that mean that if I work for example 3 years and I have a 7 months gap and then I work again for 2 years continoulsy then I can not apply for residency . I will have to start working again and work 6 yeras without break?

Customer:

does this 3 years will be erased from my account ? because it is possible that you work 3 years and then you lose job and then you find after 7 months. if the situation like this repeat does it mean i will never be able to apply for residency?

Customer:

if you answer me this second part question regarding my wife visa I will accept your answer and your will get money right away .

Awan-Legal : Hi
Awan-Legal : You will be ok on the residence requirement so long as you have not spent more than 6 months our of the country per year for the past five years. If you have a gap of 7 months in one year then you could always explain the situation to the Home Office. It is then at their discretion to grant you permanent residence but if you are only one month over in one year, have been looking for work and explain the circumstances, then hopefully they should grant the residence permit.
Awan-Legal : With regards XXXXX XXXXX she has to complete five years as your partner in the UK and will only be entitled to apply for permanent residence once she has been in a relationship with you for five years (this an include time in the relationship before the marriage) so long as you continue to work for the five years as above (with gaps not longer than 6 months per year). In the meantime, she can apply for a five year residence permit on form EEA2, which will confirm her right of residence in the UK as your spouse during this period. Although you may be entitled to permanent residence, she must have been your partner/spouse for five years before she can apply for permanent residence.
Awan-Legal : Kind regards.
Awan-Legal : Also, the date can be backdated to October 2006 as although you had short breaks to Poland this is ok so long as you had the intention to come back to the UK and work/eventually settle.
Customer:

ok thank you very much this is quite clear

Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi
You helped me before and I found your answers very easy to understand , professional and helpful and now I need your help again

I would like to ask you another question regarding my wife.

As I mentioned before I am Polish national and my wife is Thai national.
We married in UK October 2010 and she applied for right to stay here on FMRS form and then she got visa: Family Member of an A8 National on the Worker Registration Scheme , Issued 6.April.2011 valid until 22.11.2011 , Remarks: Employment and Business Activities Allowed. Before her visa came she got letter COA that said that in the mean time she can work. But she did not work for until now.

As you see her visa expires today. But on 8.novembe4.2011 She applied on EEA2 as you advised.

A few days ago she got full time job offer but the employer wants to see that she can work legally.

So my question is. Is she allowed to work now while waiting for Visa ?
If yes how can she prove it to employer?

When she applied first Time She got this COA letter saying she can
work.

Is she going to receive such letter now while waiting for EEA2 and if yes after how long?
Also how long she will wait for her visa ?

And her employer needs to check her CRB because it is job with disabled people but her documents are now in home office. What can she do?

Please answer me that questions as soon as you can

Thank you in advance for help
Regards
Piotr
Expert:  Awan-Legal replied 2 years ago.
Hi

Thanks for asking for me. Yes she can work. As she has submitted the application, her visa continues with the same right for her to work as on her previous visa.

The COA is proof that she can work in the UK and has express written permission from the Home Office to do so. She can show this to the employer but if he is still not satisfied that she can work, he can phone the Home Office directly to check or you can get a letter from a solicitor/oisc lawyer to confirm that she is entitled to work.

The application will take a maximum of 6 months to decide and the Home Office will not write to you again until they have made a decision.

The CRB check will require the following documents. If you does not have the documents from the first list she can apply for five documents from the second list instead. If she does not have these either she can apply for a crb enquiry form.


You’ll need to prove your identity as part of your application. You’ll have to provide documents that confirm:

your name
date of birth
current address
You must provide original documentation. Photocopies or documents printed from the internet, for example, internet banking statements, will not be accepted.

The person who asked you to complete the form will check your proof of identity, or direct you to someone who can. You need to show at least three documents as shown below. If you don’t have all the necessary documents, contact the CRB using the enquiry form.

You must provide one of the following documents:

passport
driving licence (UK) (full or provisional) Isle of Man/Channel Islands; either photocard or paper (a photocard is only valid if presented with the associated counterpart licence; except Jersey)
birth certificate (UK and Channel Islands) - issued within 12 months of date of birth – full or short form acceptable including those issued by UK authorities overseas, such as Embassies, High Commissions and HM Forces
ID card for foreign nationals
EU National ID card
HM Forces ID card (UK)
firearms licence (UK)
adoption certificate (UK and Channel Islands)
Please note, if you can't provide any of the documents above, you must provide five from the list below.

You must also provide two of the following:

marriage/civil partnership certificate
bank/building society statement*
credit card statement*
P45/P60 statement**
National Insurance card
NHS card (UK & Channel Islands)
insurance certificate**
exam certificate eg GCSE, NVQ, O levels, degree
Connexions card; including those cards carrying the PASS accreditation logo (UK and Channel Islands)
General Medical Council certificate 
benefit statement* - eg child allowance, pension
document from central/local government/government agency/local authority giving entitlement to benefits* - eg to state benefits, housing benefit
replacement birth certificate, eg a certificate not issued within 12 months of birth
vehicle registration document (document V5 old style and V5C new style only)
documentation issued by court services*
letter from a headteacher*
store card statement *
utility bill* - electricity, gas, water, telephone – including mobile phone contract/bill
addressed payslip*
mail order catalogue statement*
financial statement ** eg pension, endowment, ISA
council tax bill for current year (UK and Channel Islands)**
court claim form** (UK)
TV licence**
mortgage statement **
work permit/visa (UK) **
CRB, Disclosure Scotland and ISA Certificate (UK)**
one of the following documents from the United Kingdom Border Agency (UKBA) (formerly the BIA Borders & Immigration Agency) & Immigration & Nationality Directorate (IND) Do not use more than one of the following documents: Convention Travel Document (CTD) - Blue; Stateless Person’s Document (SPD) - Red; Certificate of Travel (CIT) - Brown; Asylum\Application Registration Card (ARC)
Documents with 1* must have been issued within three months of your application date
Documents with 2 ** must have been issued within 12 months of your application date
Documents without a * can be more than 12 months old but must still be valid

CRB helpline for all general enquiries: 0870 9090 811
8.00 am to 8.00 pm on weekdays
10.00 am to 5.00 pm on Saturday (closed Sunday and public holidays)

The CRb enquiry form can be found online below or you can call on the above number:

https://forms.direct.gov.uk/forms/form/772/en/crb-enquiries_and_complaints

I hope that helps. Please click accept on my answer. Thank you.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
,Hello Awan

I asked you before some questions and the answers really helped me to sort out my wife's visa. Now I would like to ask you another question regarding my situation.

First let me help you understand my situation so you can help me better:

I am Polish and I came to UK in July 2006 and I stayed here till 31 October 2006.( During that time I registered under worker registration scheme ) . Then I went to Poland. I came back to UK in February 2007 and I got a job in April . (I did not let home office know that I have a new job as the secretary at that job did not send the application I gave her) I worked there till November 2008 and then I went to Poland.
I came back to UK in January 2009 and I had a few jobs but never let home office know about it , I just neglected it. I started working full time on march 2010 and when I got married in 2011 home office send letter to my employer that I am illegal and I was suspended till I sorted out with home office , which I did in 1 month so I got working working registration certificate since 10 November 2011 . ( I just neglected sending my application again in all these jobs )
So my question is:

What can I do to get British Passport?

I heard that I have to do test about living in UK.
Do I have to apply for residency first before I apply for British Passport as I have heard you automatically become resident after 5 years.

it has been 6 years since I came to uk. ( hope it is not problem I had breaks and I was in Poland 2 times for period of 3 months each) . Also I do not know how it will count because all these times I was working without letting home office know I have a new job but I was paying taxes and NI normally like everybody .

I also would like to say that while being in UK there were times that I did not have a job for more than 6 months straight ,so I am not sure how it can affect me.

Could you please tell me exactly what I have to do to get British passport and how much time it can take?

I would really appreciate your help again Awan.
Have a great day.

Piotr
Customer: replied 2 years ago.
Hello Awan
I asked you before some questions and the answers really helped me tosort out my wife's visa. Now I would like to ask you another questionregarding my situation.
First let me help you understand my situation so you can help me better:

I am Polish and I came to UK in July 2006 and I stayed here till 31October 2006.( During that time I registered under worker registrationscheme ) . Then I went to Poland. I came back to UK in February 2007and I got a job in April . (I did not let home office know that I have a newjob as the secretary at that job did not send the application I gave her) Iworked there till November 2008 and then I went to Poland. I came backto UK in January 2009 and I had a few jobs but never let home officeknow about it , I just neglected it. I started working full time on march2010 and when I got married in 2011 home office send letter to myemployer that I am illegal and I was suspended till I sorted out with homeoffice , which I did in 1 month so I got working working registrationcertificate since 10 November 2011 . ( I just neglected sending myapplication again in all these jobs ) So my question is:


What can I do to get British Passport?


I heard that I have to do test about living in UK. Do I have to apply forresidency first before I apply for British Passport as I have heard you automatically become resident after 5 years.
it has been 6 years since I came to uk. ( hope it is not problem I hadbreaks and I was in Poland 2 times for period of 3 months each) . Also I do not know how it will count because all these times I was working without letting home office know I have a new job but I was paying taxesand NI normally like everybody .
I also would like to say that while being in UK there were times that I didnot have a job for more than 6 months straight ,so I am not sure how itcan affect me.
Could you please tell me exactly what I have to do to get British passport and how much time it can take?
I would really appreciate your help again Awan. Have a great day.
Piotr
,

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