Hello to all!

Is there anyne out there that can clarify what the rules are for when deciding when an A8 national has officially registered under the WRS?

Is it from the date of when the person has started employment (so long as they have registered within 1 month). Or is it from the date when the home office put the person on to their system and send the certificate?

Currently arguing for a client (polish national)who started work on the 13th March 2006 & finished work on the 31st March 2007.

Client's certificate shows date he started employment & during a phone call to the Home Office I was advised that they had received the application on the 11th April 2006, but did not process this till the 29th April 2006.

The DWP are using this last date as the date that the client registered & not the date of his employment, so are herefore saying that he has no entitlement to JSA as he has not completed 12 months as a worker.

Any comments gratefully received.

Jackie Starkey

I think we need a link to SI 2004 1219 which sis the one that set up the WRS. I've just been looking at it and it says that a worker can LEGALLY work for up to one month without being registered (and in fact doesn't need to register if only working of one month), but if the employemnt is to last longer they must APPLY for registration within that one month.
The employer is an authorised employer for the first month without registration but can then only go on being authorised if there is registration. It's not up to the employer but the employee to register and it's the fact of registration that authorises the employer.

If the employer's certificate correctly shows that the registration was within the month then that can only mean that the employment was lawful from day one of the employment. The Home Office leaflet on the scheme (available from the website)repeatedly says "you must APPLY for registration" within the month. Whether "apply" means "ensure your application is received by, allowing for delays in the post etc" is another question - he elft it pretty late for complying. I would guess the application needs to to be received but not necessrily processed within the period. Is there anything in the documantation to indicate when the application was received? When does it show the starting date for the employer to be authorised from?

Wed 25-Jul-07 03:19 PM by ken

The Accession (Immigration and Worker Registration) Regulations 2004 (SI.No.1219/2004) are available here.

There is nothing on the certificate to say when the aplication was received, but a conversation that was had with someone at the WRS office did throw up a date of the 11th April 2006 as when the application was logged on their system as having been received,even though it was not processed until 29th April 2006.

The certificate does give the start date of employment as the 13th March 2006.
I now have access to SI 2004 1219 & am trawling through it.

Many thanks to all who replied.

I will post on site what the final outcome is.

Hi -I know you were dealing with this a long time ago now but can you remember the outcome - I have a client in exactly the same position
thanks

Hi Jacky

It was a long time ago, and I've sinced changed employer and my login name.

But from memory, I believe that the DWP finally agreed to pay benefits based on the fact that the client could prove that his start date of employment and the date that the WRO received his application was within the 1 month that is allowed (only just though!)

Can't quote the DWP exact response, as I don't have access to the file anymore.

Regards Jackie