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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, My wife is a polish national and we are planning to apply

Resolved Question:

Hi, My wife is a polish national and we are planning to apply for her naturalization in the UK. I am a British citizen.
She has been in the country and working since Jan 2007. She registered for WRS at the beginning of her stay, but changed jobs after 6 months and since then did not register again on WRS.

She is married to a British citizen and has been in the country for 6.5 years which includes about 6 months of WRS. We are aware that WRS closed on 30th April 2011. Does she accumulate enough Residential requirements to apply for Naturalization?
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.

Just to clarify did she obtain any visa since her marriage to you? for example a spouse visa etc?

Kind regards
Customer: replied 1 year ago.

No, she holds a Polish Passport and have never applied for Permanent Residence Card.


 


She is exercising free movement rights as a national of a EEA member state - poland.


 


Now since she is married to me, I would expect that she does not need permanent residence and hence WRS becomes irrelevant, but need clarification on this.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

In respect of being married to your , this would only effect her application had she been issued with a visa on your behalf ie a spouse visa. The fact that she has been residing in the UK on the basis of being an EEA national and exercising treaty right she would need to have been working in the UK legally for the required period to obtain permanent residency, if she has not she would not have been issued for permanent residency.

Unless she is exempt from the scheme, the following categories are required to register:

Those who started a new job on or after 1 May 2004,
Those who had been working in the UK before 1 May 2004 without permission/in breach of their immigration conditions.

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,

Failure to apply within one month will mean that, after the end of the month, that employer does not legally employ the person,

Should an Polish national, who has not completed 12 months of uninterrupted legal employment in the UK, change employers, s/he will need to re-register with his/her new employer.

Polish are exempt from registration if any of the following apply:

• On 30 April 2004 the A8 national had valid leave giving unrestricted employment rights i.e. they had been granted leave to enter or remain in the UK under the Immigration Act 1971 on code 1 or 1A conditions.

• The A8 national has undertaken 12 months of continuous legal employment, either;
- entirely before but ending on 30 April 2004, or
- starting before and finishing after 30 April 2004 or
- wholly after 30 April 2004.

• The A8 national is also a national of the UK, another EEA state (excluding other A8 states and Romania and Bulgaria who are subject to worker authorisation) or Switzerland

• The A8 national is the family member of a Swiss national or an EEA national. A8 family members of accession state national workers are also exempt from the need to register. A8 family members of Accession nationals who are students, self-employed persons or self-sufficient persons are exempt for as long as they remain the family member of such a person.

A8 family members of A8 workers who are subject to the WRS are also exempt and therefore eligible for registration certificates on the basis of being a family member of an EEA national.

• The A8 national is the member of a diplomatic mission, the family member of such a person or a person otherwise entitled to diplomatic immunity.

• The A8 national is a posted worker. The A8 national is the spouse/civil partner/ child under 18 of a person with Leave to Enter/Remain in UK that allows the person to work.

If your wife does not fall within the above stated exemptions then she would need to have registered under the WRS for her to have been seen as legally being employed in the UK prior to April 2011.

Therefore in her current situation she has not been legally employed with her employer until after the scheme became redundant. Therefore she would not have accumulated the 6.5 years you have stated and only time from April 2011 can be counted as her being employed in the UK.

Therefore if she was exercising treaty rights in the UK as someone who was employed then the the time up to April 2011 cannot be taken into account. For more information please see the following link:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter7.pdf?view=Binary

I am sorry if the information I have provided is not what you wanted to hear, but from what you have stated it does not seem like your wife is eligible for British Citizenship.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Many Thanks for your detailed answer.


 


 


I am completely satisfied with your answers but if its OK I would like to take one day to digest the information provided and will either ask one more question if needed, or rate your answers very positively. Is that fine by you?



Thanks once again!

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

That is fine, I will be happy to answer any further questions if needed.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2220
Experience: I am a qualified solicitor and an expert in UK law.
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