Confirmation of rights your oppinion

[Gość: gogosia]

Hi:) I recently lost my job (after 3.5 years). I was told I`m not
eligible for income based benefits because I failed Right to Reside
Test (reason: I don`t have Registration Certificate).

A registration certificate is a document issued to EEA nationals
that confirms that person's right of residence under European law.
You are not required to have a registration certificate to enter,
live or work in the United Kingdom.
Once you have been working legally in the United Kingdom for 12
months without a break you will have full rights of free movement
and will no longer need to register on the WRS. You can then get a
registration certificate confirming your right to live and work in
the United Kingdom, although you are not obliged to do so.

That`s what I`ve found on Home Office website.

In your oppinion what exactly "confirm" means?
Does that Registration Certificate give me any additional rights?
Or does it only make my life easier cause I don`t have to provide
other proofs of working legally for more than 12 months in UK
(payslips etc.)?

[Gość: Steve]

This is opinion, as requested. The system is sufficiently well established that only the European Courts are likely to clarify your Treaty rights.

The freedom of movement rules and agreements are designed to avoid people moving countries to find the best government benefits.

Workers have free right to work anywhere in the EEA. The Worker's Registration Scheme is designed for the EEA immigrant to prove that they are a legitimate worker in the UK and not a 'scrounger'. As long as you remain in the UK full time (excluding normal holidays), holding the certificate or having had one for a year should, in my opinion, entitle you to the same benefits as a life-time British resident with a British passport.

The language used here probably reflects European law and legal advice. The word confirm tells you the certificate can be given as evidence that you are entitled to benefits the same as a Brit and, at least in theory, you need no other proof of UK residence once it has been checked as being authentic. However, it is not proof as the certificate is an automatic right and you may not actually have been in the UK. Benefit scheme application forms may well have questions that help confirm the rights of foreigners, but the 'native' British should also be required to answer them so that you are not discriminated against. (As some of us live abroad, they are sensible questions that stop Brits like me getting benefit.) To put it differently, any discrimination in practice should be impossible to prove.

Obviously, however, a scheme that has rules that depend on employment for a certain period, will require everyone (foreign or not) to prove that employment. The certificate will not replace this. If you get to the point where frustration and anger make you think the system is designed to stop foreigners getting benefit, just remember that there are Brit applicants who will be just as angry, but who believe that the government is so scared of the EU, International Asylum rules, etc that only Brits have problems.

[Gość: gogosia]

Thank You for replying, Steve :)
Yesterday I was very upset cause I could not find any reliable
information. Some peaple were saying that I don`t need that
Registration Certificate.But no one could explain exactly why. ;P
Home Office helpline was always bysy...
Fortunatelly I`ve found the DIRECTIVE 2004/58/EC OF THE EUROPEAN
PARLIAMENT so I was able to read it and now I know what arguments to
use against theirs when I write to the council.

[pani.serwusowa]

Did you manage to contact UK Border Agency helpline? I have been
trying at least ten times a day for the last two days and there is a
message, that they are very busy and cannot anwser my call. :( I
can't believe it!

Due to the lack of Registration Certificate some of my maids were
refused to give any financial help when they've lost their jobs, but
not even single one employer said anything about registering.

[seth.destructor]

Don't worry, try another officer. Some of them still don't know,
that Poland is in EU and ask us for visas...

[seth.destructor]

My friend has suggested that you don't have WRS from Home Office, do
you?

[Gość: Steve]

It is run by the UK Border Agency, which is part of the Home Office.

[Gość: gogosia]

i registered in WRS registration scheme... but according to the
letter i received from council that only confirms that i was working
for different employers. they want me to supply registration
certificate that shows the continuity of my employment. ;]

i tried to contact border agency but it`s expensive. all the time it
was 2 minuts call ended because they were to busy...

i`m going to apply for registracion certificate but i`m not sure i
will get it. it is hard to get to any information.

on border egency website it is said i am not obliged to apply for
RC.council says if i dont have it, i do not have right to reside...
so i`m not entilted to any income based support.

wkurza mnie to wszystko!!!

[Gość: gogosia]

i decided to apply for registration certificate. so i printed the
eea1 form and guess what is written in guidance notes...
There is no legal requirement for EEA and Swiss nationals to
obtain a registration certificate to confirm their right of
residence in the UK. This is a voluntary registration process...

i already wrote it in my last letter but they still want me to show
them that bloody registration certificate!!! i think i will start
kicking angd screaming if in answer to my next letter they do not
change their decision. they are... [bip bip bip]

[seth.destructor]

Ask them for a reason. In written form. As far as I know you have to
wait about 1 year to have your application dealt with. So this is
fairly useless, especially when there is no requirement to have one.
And maybe contact with some lawyer.