I have an A8 national who we were paying from Nov’07 as she was employment but when she changed jobs in Oct’08 we asked for evidence that she had completed 12 months under WRS (we had never asked for proof before!).
She replied that she did not need to register with the Home Office as she was here before 2003 with a ‘legal’ visa and that she was automatically registered.
The Accession (Immigration and Worker Registration) Regulations 2004 states that “A national of a relevant accession State is not an accession State worker requiring registration if on 30th April 2004 he had leave to enter or remain in the United Kingdom under the 1971 Act and that leave was not subject to any condition restricting his employment”
The claimant has a UK Entry Clearance visa to join spouse valid from 11/9/03 to 03/07/04 with a no recourse to public funds restriction. According to Simon Cox entry clearance is “wrongly used to describe leave to enter/remain”.
Does this mean that my A8 national did not have leave to enter or remain in the United Kingdom under the 1971 Act and therefore is still required to register under the WRS?
Incidentally she is now a company director – can that be registered under WRS?
Hoping someone out there can answer this
Thanks.