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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2038
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, Im a Hungarian citizen, been working in the uk since July

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Hi, I'm a Hungarian citizen, been working in the uk since July 2006. I had full 12 month emploment then straight after started a new job where I have been employed ever since (5.5 years) continuously. I have not applied for wrs back then as I have been advised I do not have to. I had the ni number but was not asked by any of my employers, home office, tax office etc to have wrs. As I have been living here for 7 years and been working for 6.5 years without any interruption I decided to apply for the British citizenship. I have been to Brixton town hall for the checking service, provided every single payslip, p60 from 2008 April onwards, references, contracts, etc. they deemed it fine for me to send it and pay the relevant fee. They did not ask for wrs, they told me to prove 6 years contanious emplyment instead with my payslips which I did. They made fotocopies of all the above and sent my application. I received a letter asking for all the original documents so I sent it to the home office and I have received a letter saying they rejected my application as I have not provided wrs certificate.
What can I do now?
I would certainly appreciate any suggestions or advice.
Kind regards
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Have you applied for permanent residency prior to applying for citizenship?
When was the refusal letter dated?
Does it have any other reasons for refusal apart from WRS?

Kind regards
Customer: replied 1 year ago.
Thank you for your prompt answer.

I had not applied for permanent residency, I have been advised when booking for the appointment with the checking agency in the town hall that I have to prove that I have been living and working in the uk (which I did with p60s, etc) and because I did not register for wrs I have to prove an extra year. Which I did. If I was advised then that wrs or a permanent residency card is necessary for the application I wouldn't have pursued.

The refusal letter is dated 28th February 2013 (I just received it trough the post).

As far as I understand it only gives the lack of wrs certificate as a reason for the refusal.

I'm very confused and shocked as I'm given a rejection on the basis of something that was not at any point communicated to me when starting my application by the Lambeth register office.

I would very much appreciate any help or advice you could give. Thanks a lot in advance.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Yes this is very perplexing. As you may be aware the WRS is no longer in existence and thus as of now there is no requirement for this.

http://www.ukba.homeoffice.gov.uk/eucitizens/workerregistrationscheme/

From my experience when the scheme was in existence the UKBA required all applicants to register under the scheme before any further employment can be undertaken and they will not consider it (as you rightly mentioned) without a certificate.

This is a very strange position to be in, the fact is that you are unable to obtain a certificate now as it no longer exists. What I suggest you do is write to the UKBA(address can be found at the top of the refusal letter) asking them to reconsider the application stating that you were wrongly advised and do not have any way of now obtaining a certificate because they no longer exist.

The fact is in the worst case scenario the UKBA can refuse to take into account the employment that you did undertake in the UK prior to the scheme no longer existing because up until this time you were able to register under the WRS. What I suggest you do is ask them to reconsider their decision and allow your application on the basis that you were unaware of the certificate being required.In addition what I also suggest you do is ask the UKBA in the event they want to refuse your application what option are available and how and when will you be able to make an application.

As this is an area which litigation has yet to be undertaken I am unable to inform you of what stance the UKBA are likely to take, that is why I am suggesting you should ask them what they expect persons in your situation to do.

I hope this answers your question, if so kindly rate my answer positively.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2038
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you
Expert:  UK_Lawyer replied 1 year ago.
I hope this answers your question, if so kindly rate my answer positively.

Kind regard
Expert:  UK_Lawyer replied 1 year ago.
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