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5 years’ residence
My client is a Polish national who has been living and working in the UK since May 2005 and had worked continuously up to May 2010 - just over 5 years in total by about 2 weeks! The only break in her work was a short visit to Poland lasting less than 6 months during which time she did not have a contract of employment, and a peirod on materniity leave during which time she was still under a contract and recieved SMP so still counted as a worker.
However although she started work in May 2005 and applied for her registration certificate straight away, it did not reach her until several months later and states her job start date as September 2005. She has other proof that her work actually started in May 2005.
Will the lack of a worker registration certificate for the first few months or the short visit to Poland count against her in obtaining 5 years’ residence for a permanent Right to Reside? I don’t think she has proof she applied for the certificate earlier unfortunately.
By the way, just out of idle curiosity, has anyone ever seen a decison from Wick with the correct facts (e.g. dates of employment etc) stated? I don’t think I ever have even when they have had documentary evidence!
Will the lack of a worker registration certificate for the first few months or the short visit to Poland count against her in obtaining 5 years’ residence for a permanent Right to Reside? I don’t think she has proof she applied for the certificate earlier unfortunately
How long had she been in the UK before visiting Poland? Was she working prior to leaving or was she a work seeker? Did she apply, and can show proof, for WRS within a month of starting the employment and, if she has completed 12 months under WRS, when did she complete the required period under the scheme?
She was working immediately prior to going to Poland. She went to Poland In March 2006 - July 2006. At the point when she left she had been in the UK for 10 months.
Her worker registration certificate incorrecty states that her work started 29/9/05 (in fact it was 10/5/05, as I said in my original enquiry she had applied for the certificate straight away but there was a delay. I think the original application went astray and she had to reapply). She has certainly completed a year’s registered work by now but had not done so by the time she visited Poland.
She was working immediately prior to going to Poland. She went to Poland In March 2006 - July 2006. At the point when she left she had been in the UK for 10 months.
If she had only been gone for a month then this would not have affected the continuity of her registration under the scheme as she would still be a “worker” but that’s not the case.
I don’t think she has proof she applied for the certificate earlier unfortunately.
With regard to the gap between application and the issue of the certificate, unless she has proof[A letter or receipt] that she applied earlier, the time can only start counting from the second application.
Sorry, bearer of bad news, but from what you have posted she can only start counting from when she returned from Poland.
Thanks for your help chacha. I had a nagging feeling it would be a problem, which was why I asked!