How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JACUSTOMER-e6y2q8y1- Your Own Question
JACUSTOMER-e6y2q8y1-
JACUSTOMER-e6y2q8y1-,
Category: Law
Satisfied Customers: 404
80411141
Type Your Law Question Here...
JACUSTOMER-e6y2q8y1- is online now

I have been in the UK since April 2004, married to a British

Resolved Question:

I have been in the UK since April 2004, married to a British Citizen since July 2005. I am Czech (EEA member) and I have applied for British Citizenship in November 2015, but this morning I received a letter saying that my application will be rejected unless I can prove that I completed 12 months under the WRS scheme.
The problem is two fold, firstly I don't have anything going back that far... it was 12 years ago! Secondly, I did not complete 12 months under the employer I registered with -i was employed for 9 months from May2004 to around Jan 2005. It was a part time job whilst I learnt English. The WRS scheme was widely ignored and was subsequently abolished so when I got my first 'proper' job (in March 2005) I had an NI number, and didn't think the WRS was relevant anymore.
I have already provided proof of continuous employment for 5 years and can provide evidence for every job other than the part time one they are requiring - i.e 11 years.
I believe that my marriage should take precedence in any case, because I understood that you only needed 3 year residency if you are married to a British Citizen. Can they really reject my application for something 12 years ago? If they did would I have reasonable grounds to appeal?
Submitted: 1 year ago.
Category: Law
Expert:  JACUSTOMER-e6y2q8y1- replied 1 year ago.
Hello
Thank you for your enquiry.
In 2004 when the Work Registration Scheme (WRS) was introduced it was mandatory for Czech citizens before starting a job to register under the WRS in order to be treated as workers. For those not registered their employment would be unlawful and any time spent working unlawfully will not count towards the 12-month qualifying period to become exempt from registration.
The Work Registration Scheme ended on 30 April 2011 and that meant that from 1 May 2011 Czech citizens were no longer required to register their employment to be treated as workers.
Although you have been here for 11 years if you did not register at the time, the period from 2004 until 2011 may be disregarded it seems. It looks like the Home Office may have considered that your qualifying period for permanent residency started from 1 May 2011, which means that you have not yet completed 5 years to qualify for permanent residency under EU law.
Being married to a British citizen does not take precedence unless you had applied under the Immigration Rules and was granted a spousal visa. Before the Immigration Rules changed only 3 years residency was required for spousal cases. In your case, you come under EU law and not the Immigration Rules.
I hope this helps and please don't forget to click the rate button before you leave.
**********************************************************************
This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
JACUSTOMER-e6y2q8y1- and other Law Specialists are ready to help you