Periods spent working in the UK after 2009 can count towards Permanent Residence irrespective of whether Worker Registration Scheme (WRS) authorisation was held or not.
This is very good news for nationals of A8 countries that would like to apply for Permanent Residence in the UK.
A permanent residence application from an A8 national who has worked in the UK without registering under the Worker Registration Scheme between 1 May 2009 to 30 April 2011 will not be refused solely on the basis that the worker did not register under the WRS scheme.
The reason for this is due to the fact that the Court of Appeal in the UK has ruled that the extension of the WRS in 2009 was disproportionate and hence unlawful.
The Home Office is yet to update its guidance in this regard but will do so shortly we understand.
Implications for A8 Nationals
The implication of the Court of Appeal ruling is that basically all nationals from the A8 countries could work in the United Kingdom, without having to register under the Worker Registration Scheme from 1 May 2009 onwards.
This will obviously assist these nationals from the point of view of their applications for permanent residence.
Given that Home Office will anyway start accepting applications for the new post-Brexit “settled status” later this year, in which they are not going to insist on complete continuity in terms of economic activity throughout the 5 year qualifying period, it seems that the path to security of status in the UK for EEA nationals and their families is becoming easier, with less stringent criteria.
What countries are A8 National Countries?
The A8 countries are the following: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, and Slovenia.