Impact of failing to register under the Worker Registration Scheme on the naturalisation process.
Many of EU A8 nationals who came to the UK between 2004 to 2011 and failed to register under the Worker Registration Scheme, are now hesitant to apply for a document confirming their permanent residence and / or British nationality.
Whilst it is now clear that the lack of registration does not disqualify a worker from obtaining a document confirming their permanent residence, the impact of on the naturalisation process remains unclear.
A response to a FOI request in Jan 2017 appeared to indicate that if a document confirming permanent residence had been granted, the lack of registration would be unlikely to be considered as an element of good character consideration. The FOI read: ‘ Just not registering and not realizing you had to is unlikely to be a character issue’.
Since the Home Office have confirmed that they not in fact hold any policies, guidance or other related information, which relate to registering under the Worker Registration Scheme as part of the consideration of an application for British citizenship, we questioned the basis on which the response to the FOI in Jan 2017 was given.
Part of the Home Office response read as follows:
‘ it is unlikely, presumably on the basis that our good character guidance is quite extensive and, given that is it not mentioned there is an indication that it is not a significant factor. To clarify, in order to acquire permanent residence an EEA applicant has to show that they were lawfully residence and exercising Treaty rights for a continuous period of 5 years’
The assumption is that if you qualified for permanent residence, the absence of registering under the WRS would not be a factor considered under the good character requirement for obtaining British citizenship.
As the proposed new Brexit EU settlement process may require EU nationals who have already been granted an EEA PR document to have their rights to remain in the UK re-assessed, filing for naturalisation at the earliest remains the safest option at the point in time.
If you need Immigration legal assistance with your EEA PR or naturalisation application, please contact us.