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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 morning, I am a Polish citizen. I have been living and

Resolved Question:

Good morning,
I am a Polish citizen. I have been living and working (legally) in he UK for over 10 years.
I've been in a relationship to a british citizen for 5 years and married to him since May 2013. Unfortunately I never registered with WRS which I fear may be a problem when applying for a British citizenship.
As married to a british citizen, do I still need the WRS registration number for my application to be accepted? The WRS was abolished in April 2011, do I need 3 or 5 years of qualifying period to apply?

Regards,
Dani
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Were you employed or self employed before 2011 when the WRS was scrapped?
Customer: replied 3 years ago.

I was employed but never self employed.


 

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

In that case I am afraid there was a requirement to register under the WRS if you were employed for more than 1 month.

The obligation to register under the WRS would have stopped when you worked for 12 continous months, had you first registered.

In your case, it is arguable that your lawful time period started ticking from 1st May 2011 and any time prior to that was unlawful and not counted.

As such, theoretically, you would qualify for permanent residency in May 2016 after 5 years from 1st May 2011 and that is when you would be eligible for naturalisation as a British Citizen.

You may if you want try your luck and apply for permanent residency now to "test" whether or not you get lucky and get granted PR status now rather than wait another 2 years.

If you are granted PR status now, you may immediately apply for British Citizenship.

EEA3:

https://www.gov.uk/government/publications/application-for-a-permanent-residence-card-form-eea3

It will only cost you 55 pounds to know if you are lucky or not. If you are not lucky, then you would need to wait until 2016.

Can I help further?




Customer: replied 3 years ago.

Thank you for your prompt response. I may try to apply for PR, after all £55 is not much to lose.


But just to clarify - doesn't my marriage to a british citizen count for anything? I thought that after 3 years together (we have been almost 5 years together), I can apply for a british citizenship without the additional documentation/ need of registration with WRS etc?

Expert:  UKSolicitorJA replied 3 years ago.
No, you can only apply for British Citizenship after 3 years if you have indefininite leave to remain or PR on the day you apply, which you do not have yet.

Hope this clarifies.
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