The expansion of the EEA has brought many new EEA nationals to the UK in search of economic opportunity. There are absolutely no restrictions on their freedom of movement whilst coming and going to/from  the UK. But a 12 month registration restriction is imposed on nationals of the 8 Accession countries who wish to be employed in the UK. However this requirement is just for the initial 12 months of their employment and after that they would enjoy full rights to work. It should be noted that only those who wish to seek employment are required to register under this scheme while those who choose to be self-employed are not required to register under this scheme. There are further  exceptions to this registration requirement as below:

• If they have already been working with permission in the UK for 12 months or more
• If they have been working with permission in the UK for their  current employer since 1^st May 2004
• If they had extant leave to enter/remain in  the UK (under the 1971 Immigration Act ) on 30th April 2004 and the leave was not subject to a condition restricting employment
• If they are providing services in the UK on behalf of an overseas-based employer
• If they are citizens of the UK or any other EEA state (Not among the 8 accession states) or Switzerland as well as being an A8 national
• If they are a family member (spouse or child under 21 or dependant) of a Swiss or EEA national (other than the 8 accession states) who is exercising EC Treaty Rights in the UK

1. Who is required to register under the WRS?

All nationals of the 8 Accession States (Lithuania, Latvia, Estonia, Czech Republic, Slovakia, Hungary, Poland and Slovenia) who wish to work in the UK and do not fall under any of the above mentioned circumstances must register  under this scheme within one month of the commencement of their employment in the UK.

If there is a change of circumstances of the EEA national and he/she falls under any of the exemptions discussed above he/she would no longer be subject to this scheme.

2. Requisite Documentation

Applicants need to provide the following documentation  for the purpose of registering under this scheme:

a.     Original passport or identity card and 2 passport photos

b.     Relevant application form together with the UK Border Agency fee of £90.

c.     A letter from the employer that confirms when  the employment commenced and the job title/salary of the applicant

d.     Payslips, if available.

Please note that this application is just for the purposes of registration with the UK Border Agency and applicants are not required to send any bank statements.

3. Registration Card & Registration Certificate

If the application for registration is successful, the following documents would be sent to the applicant:

Registration Card: This document includes name, date of birth, nationality, your photograph and a unique reference number. The validity of the card is 12 months from the date of issuance. This card is only ever issued once, but if the applicant changes employment, UK Border Agency do have to be notified, and a new application made.

Registration certificate. This is in the form of a letter. This authorises the applicant to work for the employer named in the application. A copy of this letter is also sent to the employer of the applicant for their retention. The validity of the certificate is until such date that the applicant leaves the employment, or for 12 months, whichever is the sooner.

4. Change of Employers

If  the applicant changes his employment, he is required to submit a fresh application for registration and include the details of his new employment. On this occasion no additional fees need to be paid and it is not necessary to re-submit one’s passport  to the UK Border Agency. Every time the employment is changed a new registration certificate will be issued to the applicant that contains the employment details of the new employment.

5. Spouse / Children

This registration scheme also determines  the  rights of the family members (non-EEA nationals) of the A8 national. A8 nationals who are required to register under this scheme have the right to invite their family to join them in the UK. If the family members are EEA nationals, they would have an automatic right to reside and work in the UK without any restrictions. If they are nationals of non-EEA countries, they require leave to enter on a family permit or leave to remain in line with the A8 national living and working in the UK.

There is a separate  FMRS (Family Member Residence Stamp) form available for non-EEA national family members of an A8 national, who would need to confirm their relationship with the A8 national by providing the relevant birth/marriage certification. Moreover the employer of the A8 national, of whom the non-EEA national is a dependant, would need to certify the employment details of the A8 national on the FMRS form. Non-EEA family members of an  A8 national who is on a Worker Registration certificate are normally granted permission to reside and work in the UK for the duration of the A8 national’s Worker Registration certificate.

6. Information for Employers

The UK Border Agency has established certain liabilities for employers who employ nationals from the accession states under this scheme. Employers are required to keep a copy of the completed application forms of each of those requiring registration with the UK Border Agency. A copy of the registration certificate is also sent to the employers for their retention as proof of the legal employment of the individual. Employers may be guilty of a criminal offence under the new legislation if the worker does not make an application for registration within one month of the commencement of employment or the employer has not retained a copy of the application form. The maximum penalty for this offence is £5000. It is therefore  important for the employer  to have adequate record-keeping in place, otherwise they might end up paying a large fine.

7. Settlement Prospects

The employment records of A8 nationals who are on the worker registration scheme are kept and monitored by the UK Border Agency. On completion of an uninterrupted 12 month period of registration under this scheme, applicants can apply for EEA residence permits that are usually of five years duration. It should also be noted that there should not be a gap of more than one month of unemployment in the 12-month registration period and any gap of more than one month would break the continuity of the compulsory 12-month registration period. Once a residence permit is issued for five years and the applicant subsequently fulfils the requirements of the residence permit  for four years, they become eligible to apply for permanent residence.