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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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Hello I would like to ask 2 part question but I need really

Customer Question


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 register under worker registration scheme again 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 registered under worker registration scheme , 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 have been working under working registration scheme 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 have been working under working registration scheme 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
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
Thanks for your question. As an EEA citizens neither you nor your wife ned permission ot live and work here. The worker registration scheme for polish nationals closed in April this year and you no longer need to be registered.

However it is advisable to obtain residence documents as this makes life easier. In your case you are not eligible for permanent residence as you need to be here for 5 years continuously in compliance with the rules and as you failed to register under the worker registration scheme when it was in force you presence her has only been in compliance with the rules since april 2011. I am a bit puzzled as to why you would have been registered under the workers registration scheme after April when it closed for polish citizens. Are you sure this is not simply a registration certificate as an EEA resident of the uk?

You can both get residence permits/registration certificates - if what you have is not in fact a registration certificate anyway - there is no charge and i recommend you do so. In the case of your wife you will find the details of how to apply here.

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