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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Good afternoon.I am A8 national who came to the UK in 1993.

Customer Question

Good afternoon.

I am A8 national who came to the UK in 1993. I am trying to apply for my naturalization. I have not registered in 2004, upon my country entering the EU, for the WRS scheme as accordingly to their explanation notes I was exempt. I was working part time at that time pending my appeal for new student visa (the appeal started in 2001). The exemption was confirmed to me in two telephone conversation i had at that time with WRS office. However after the 2000 ( I believe) there were no part time work permits (the paper certificates) issued to student as each student had the right to work the 19.5 hours per week.
In May 2004 I had been working for the same employer since 2001. I have P60s and my pay slips. Would all the above satisfied the UKBA with respect to my exemption from WRS or am I in danger of being refused therefore subsequently wasting £875? I have booked an appointment with the Nationality checking service at my local council, but I doubt upon checking my documents etc, they will be able to advice.
Thank you kindly for your answer.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

As you were in employment since 2001, you were exempt from registering under the WRS which came into effect in 2004.

In addition to your payslips and P60's, you may also submit your employment contract or letters from employer covering the period.

I would suggest that you apply for Naturalisation directly rather than through the NCS as the NCS may not understand your situation and the fact that you were exempt from the WRS.

Hope this helps
Customer: replied 3 years ago.

Hello and thank you for your answer.


Unfortunately I do not have any contract nor letters from that particular employer. I can not remember whether we have signed a contract, we must have...


However there is one slight problem. On occassions I was made to work more hours than the part time allowance. Nevertheless I never got paid extra for that as I was on a yearly salary and the employer insisted upon giving more to the business as I was getting"enough for my little hours". You know one couldn't refuse as the chances of getting job like that were very thin (I am referring to the hours and the pay). I just hope that will not be a problem. My solicitor at that time advised to me that I was allowed to work full time pending my appeal for my new student visa (I wonder whether that was actually the case in such appeal???) Nevertheless he has never produced any evidence form Home Office to me so I tried to stick to my part time hours (employer's mood permitting).


I already had to prove to the IPS when I applied for my son's British passport that I have exercised the Treaty of Rights for 6 years and was in no breach of Immigration rules. They have never asked me for my WRS.


 


Thanks for your help


 


Regards


 


Alena

Expert:  UKSolicitorJA replied 3 years ago.
Thank you. In that case you should proceed with the application on the basis of the payslips and P60s.

All the best
Customer: replied 3 years ago.

Hello,


 


Thank you for your answer. Yes I will be applying on the basis of my P60s and payslips as I do not have a residency card. But with regards XXXXX XXXXX WRS, I will have to omit filling the appropriate point on the application and explain on the right page my grounds for exemption and refer to my pay slips and P60s for the time in question, i.e. before and on 01.05.2004, am I correct?


 


Thanks again


 


Alena

Expert:  UKSolicitorJA replied 3 years ago.
Hello again Alena,

Yes, that is correct.

Good luck
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello


 


Thank you for your help!


 


My last question to you is with regards XXXXX XXXXX aforementioned point about full time work permission when an application for student visa is in the appeal stage. Was there any such law, regulation between the year 2000 and 2004?


 


Thank you


 


Best regards


 


Alena

Expert:  UKSolicitorJA replied 3 years ago.

Alena,

Your latest question will require further research.

Customer: replied 3 years ago.

Hello,


 


It does not give me any option to leave feedback, which is excellent BTW.


 


Alena

Expert:  UKSolicitorJA replied 3 years ago.
Thank you Alena. I will let customer service know.
Expert:  UKSolicitorJA replied 3 years ago.
Hello Alena,

If you had an appeal pending for a student visa, then your previous leave to remain was deemed to continue under S.3C of the Immigration Act 1971, until the appeal was determined. So whatever conditions were in force before would continue throughout the appeal stage e.g. If you were allowed to work full time during vacation time, then that would still apply.

Hope this answers your last query.
Customer: replied 3 years ago.

Hello and thank you for your answer. Am I to understand that as a student I was allowed to work part time therefore I was allowed to do so during the appeal stage? Kind regards Alena


 


 


 


 

Expert:  UKSolicitorJA replied 3 years ago.
Yes, correct.
Customer: replied 3 years ago.

Thank you


 


 

Expert:  UKSolicitorJA replied 3 years ago.
Good luck
Customer: replied 3 years ago.

Good evening,


 


I have just realized, that I might have forgotten to rate your service.


BTW it was brilliant. But I wonder I might ask yet another question with regards to the same matter? And also will I be charged again?


Thank you kindly


 


Alena

Expert:  UKSolicitorJA replied 3 years ago.
Hello Alena,

Thank you. You may open a new question and ask for UKSolicitorJA only to answer.
Customer: replied 3 years ago.

Good morning UKSolicitorJA


 


Iam still very unclear about my work situation under Section 3 whilst I was on the appeal. The thing is if I get this wrong the HO will only look at the fact that I wasn't registered for WRS and not for the reasons why I have not done so. And than they will refuse my application for BC.


 


Prior to my appeal I was on student visa and yes I did work too because one was allowed 19.5 hours yet I had no permit on paper because they stopped issuing them I believe in 1999. This is one thing I am trying to find out. Because if that was correct than I was allowed to work under Section 3.Most of my paperwork of that time stayed behind in my than partners house (who has turned out to be an alcoholic and women beater). So I have nothing to go by only what I remember.I have send an email to my than solicitor but I doubt I will get an answer.


 


Right the other thing is, whether there was any time limit on an appeal at the time in question.Basically I have launched the appeal in January 2001 and withdrew it in 2004 after we joined EU. The solicitor said throughout that my case was in the back of the queue because we would be joining the EU very soon. It was awful for me because I had no chance to visit my family nor to study. I recall a telephone conversation with him saying that if I wanted to I could go ahead and work full time as my appeal is so lengthy and I had to support myself (the forementioned partner was also my main sponsor). I was very hesitant to do so. .And again I have no evidence to support this, which I would have to present to the HO with my BC application. Was there a rule, which would allowed me to change the conditions when in the appeal stage?


 


Iam sorry I hope it all makes sense. I had nothing but constant p4oblems with the HO in the past, mainly due to their incompetence (we have been to court in 1998,etc) so I am naturally worried now that I will have to fight them again may be even loose the fee money, which I can not afford to. I thank you again for your help.Best wishes Alena.


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

Expert:  UKSolicitorJA replied 3 years ago.
There was no time limit for appeals back then and you would be covered by S. 3C so you would have been allowed to work up to the 20 hours limit per week.

Unfortunately, I do not have access to the old rules back then but yes, they stopped issuing the paper work permits soon after Labour came into power back in the late 90's.

It has come to the point where you should simply go ahead and apply and cross any bridges when you come to them.

All the best
Customer: replied 3 years ago.

Thank you kindly for your answer.


 


With regards the paper permits would you be able to direct me to any link online I could use as an evidence?


And basically on the application form on page 15 I should explain why I do not have WRS number saying that I was on an appeal, covered by the Section 3C, etc...enclose my P60s, shoul I perhaps mention the two telephone conversations i had with the WRS? etc, would you advise anything else? Or perhaps how I should word it? I am just so worried at this point I have even tried to cancel my appointment for tomorrow, but I am not able to get the £50 back. If they refuse will I be able to appeal? I am aware how difficult it is to do so. Will some of my money be refunded to me?


I must admit I have been searching several immigration related forums and there some not nice stories with regards to WRS.


 


Thanks again for your help and patience


 


Alena


 

Expert:  UKSolicitorJA replied 3 years ago.
Yes, you should explain why you do did not register under the WRS.

I am going offline shortly on other business but we have already addressed your concerns previously. You do not need links about the paper permits.
Customer: replied 3 years ago.

Ok than


 


Thanks again


 


Alena

Expert:  UKSolicitorJA replied 3 years ago.
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