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Sunday, 22 November 2009

European workers in the UK

If you are a European worker and want to come to the UK to work your new employer will need to know if it is legal for you to do so. Find out if you will have to register and what proof you will need to show an employer.

Nearly all European Economic Area (EEA) and Swiss nationals are free to enter and live in the United Kingdom without the need to apply for permission.

EEA countries

The EEA countries are:

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

European Union member states

If you are from a new European Union (EU) member state (called 'accession states'), then you may need to register or ask permission.

Accession states - the A8 countries

The countries that joined the EU in 2004 are known as 'A8 countries', these are:

  • Czech Republic
  • Estonia
  • Hungary
  • Latvia
  • Lithuania
  • Poland
  • Slovakia
  • Slovenia

If you are a national of one of these states you may have to follow the Worker Registration Scheme (WRS). This means you have to register with the UK Border Agency for permission to work in the UK. If you are an agency or temporary worker you will need to register to work within a month of starting work.

Accession states - the A2 countries

The countries that joined the EU in 2007 are known as 'A2 countries', these are:

  • Bulgaria
  • Romania

If you are a national of one of these countries you may be subject to worker authorisation requirements. This means that you need authorisation from the UK Border Agency before accepting or starting any employment in the UK.

You do not need authorisation if you are self-employed.

Exceptions to worker registration and authorisation

There are a few other circumstances when you wouldn't need to register if you are from an A2 or A8 country.

You do not need to register to work in the UK if you are self-employed.

EEA students

If your home country is in the EEA, or you are a Swiss national, you can work without restrictions unless you are a national of an A2 or A8 country (accession states).

Students from A2 countries

If you are a student from an A2 country you will need permission from the UK Border Agency to work. You will be allowed to work for up to 20 hours per week and full time during vacations or if you are on a vocational course.

Students from A8 countries

If you are a student from an A8 country and you wish to work you should check whether you need to register the work with the Worker Registration Scheme.

You could also check the visa stamp in your passport. If it says 'prohibited' you can't work in the UK. If it grants you leave to enter or remain in the UK as a student, you can work here provided you:

  • don't work more than 20 hours a week during term time, unless the employment is part of your studies or internship

  • don't engage in business

  • are not self-employed

  • don't provide services as a professional sportsperson or entertainer

  • don't take a permanent full-time position

Family members

If you are a family member of an EEA national you can work in the UK without restriction so long as the family member is ‘exercising a Treaty right in the UK’. Generally, this means that they are either employed, self-employed, self-sufficient or a student. You may not have this right if the family member is an A2 or A8 national.

If you are married to an EEA national then they are one of your family members. An EEA national could also be a family member if they or their spouse or civil partner is your:

  • parent, grandparent or you are dependent on them (you must be under 21 years of age)
  • child or grandchild

If the EEA national is in the UK as a student, only their spouse, civil partner or dependent children can be family members.

Other non-EU relatives (including extended family members such as partners, brothers, sisters and cousins) do not have an automatic right to work in the United Kingdom. If you are in this category, you may need to apply for a residence card before you have a right to work here under European law.

If you are a family member of a national from one of the A8 or A2 countries your ability to work and what documents you can apply for will depend on the status of your European sponsor.

What proof an employer will need

If you are from an EEA country, you will need to show a prospective employer one of the following:

  • your passport
  • national identity card
  • Home Office registration certificate

If you are from an A2 or A8 country and need permission to work from the UK Border Agency you will need to show your work document.

Employers can face unlimited fines if they employ illegal workers, so they need to make sure that no one they employ is working in the UK illegally. However, to protect themselves against discrimination laws they should treat all job applicants equally.

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