 WORKER REGISTRATION SCHEME
Here its explains what the worker registration scheme is and who needs to register. It also offers advice for both workers and employers.
The Worker Registration Scheme was introduced in 2004 when new countries joined the European Union. It allows us to monitor where citizens of those countries (except Malta and Cyprus) are coming into our labour market, the type of work they are doing, and the impact this has on our economy.
You will normally have to register under the Worker Registration Scheme if you wish to work for an employer in the United Kingdom for more than one month and are a citizen of:
- Czech Republic;
- Estonia;
- Hungary;
- Latvia;
- Lithuania;
- Poland;
- Slovakia; or
- Slovenia.
Once you have been working in the United Kingdom legally for 12 months without a break in employment, you will no longer have to register on the Worker Registration Scheme. You can then obtain a residence permit confirming your right to live and work in the United Kingdom.
Employers also have obligations under the Worker Registration Scheme.
Employment agencies should know the rules about the advice they can legally give to workers.
Who must register?
European Community law gives you the right to live in the United Kingdom if you are working here or you have enough money to support yourself without help from public funds.
However, you will normally have to register under the Worker Registration Scheme if you wish to work for an employer in the United Kingdom for more than one month and are a citizen of:
- Czech Republic;
- Estonia;
- Hungary;
- Latvia;
- Lithuania;
- Poland;
- Slovakia; or
- Slovenia.
Who is exempt from registration?
You are not required to register if you:
- are self-employed;
- have been working legally in the United Kingdom for 12 months without a break in employment;
- are providing services in the United Kingdom on behalf of an employer who is not established in this country;
- have dual citizenship of the United Kingdom, another country within the European Economic Area (EEA) that is not listed above, or Switzerland;
- are the family member of a Swiss or EEA citizen (except the countries listed above) and that person is working in the United Kingdom; or
- are the family member of a Swiss or EEA citizen who is living in the United Kingdom as a student, or a retired or self-sufficient person.
If you are self-employed, you do not need to register under the Worker Registration Scheme.
Once you have completed 12 months work with no more than 30 days break, you will no longer need to register on the Worker Registration Scheme. If you wish, you can then obtain a registration certificate confirming your right to live and work in the United Kingdom, although you are not obliged to do so.
If you are exempt from registration on the Worker Registration Scheme, you can obtain a registration certificate confirming your status, although you are not obliged to do so.
Latvian non-citizen (alien) passport holders
If you have a Latvian alien passport, you do not have the right to work in the United Kingdom under the Worker Registration Scheme and must apply for permission to enter the country before you come to the United Kingdom to work.
Employers
The Worker Registration Scheme is designed to be a streamlined registration system that does not impose unnecessary burdens on you as a potential employer of a citizen of one of the eight relevant countries of the European Economic Area
Individual workers are responsible for making an application. However, you should give the worker a letter on company paper confirming the date on which he/she began working for you. The worker will need this to apply for registration.
You are responsible for ensuring that you are authorised to employ a worker from one of the eight countries. You are authorised to employ someone during the first month that he/she works for you. If that worker has applied for a registration certificate during the one-month period, you will be authorised to employ him/her until UKBA make a decision on that application. You will continue to be authorised to employ that person if UKBA issue the registration certificate.
You should:
- keep a copy of the worker's completed application form to prove they have applied for registration within one month starting work for you; and
- receive and keep a copy of the valid registration certificate when UKBA issue it.
You may be committing a criminal offence, and face a fine of up to £5000, if you continue to employ a worker if:
- the worker does not apply for a registration certificate within one month of starting work for you; or
- you do not have a copy of a completed application form.
We will send you a copy of the worker's registration certificate, if UKBA approve his/her application, or a copy of the refusal letter. If UKBA refuse the person's application, you will no longer be authorised to employ him/her and must stop doing so.
Employment agencies
Generally, it is illegal for businesses to give advice on immigration issues unless the person giving the advice is considered to be qualified. Qualified advisers include solicitors and those regulated by the OISC. Immigration issues that you must be qualified to advise on include citizenship of the European Union, and admission to or residence in Member States under European Community law.
Although applying to the Worker Registration Scheme can ultimately lead to residence in the UK under European Community law the scheme is primarily concerned with regulating access to the UK labour market. Employment agencies who only give advice about the Worker Registration Scheme, such as on how or when a worker should apply or helping a worker to complete the WRS application form, do not need to be regulated by the OISC.
If an employment agency is advising workers or their dependants on their right to live in the United Kingdom this advice relates to their worker status and the agency must register with the OISC.
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