Note on the Rights of Croatian Nationals to Live and Work in the UK Longer Version

Transcription

1 Note on the Rights of Croatian Nationals to Live and Work in the UK Longer Version 1. Background Croatia acceded to the European Union ("EU") on 1 July Croatian nationals are able to move and live freely in any Member State of the EU. They can reside for up to three months on an unrestricted basis and remain legally resident in the UK as long as they are exercising a Treaty 2 right as a student, a self employed person or self sufficient (without being economically active). However, during a transitional period of up to 7 years after the accession, countries already in the EU are permitted to apply conditions to restrict the free movement of workers from Croatia. The UK chose to implement these for 5 years, ie until 30 June Therefore, a Croatian national wishing to work in the UK is likely to require authorisation from the UK Border Agency before they can start working, known as the "Worker Authorisation Scheme" 4. Evidence of permission to work in the UK can take the form of a registration certificate. There are three types of registration certificate; blue, purple and yellow. The purple certificate, also known as the Worker Authorisation Registration Certificate, allows Croatian nationals to work for an employer in the UK. However, this can only be applied for (and the national start work) once the national has received a Certificate of Sponsorship from their employer. The blue and yellow certificates, both known as Registration Certificate[s] for a Croatian exercising a Treaty Right in the UK, can be applied for by a Croatian national without that national having to first apply for a Certificate of Sponsorship. The document that a particular individual requires differs depending on what they will be doing in the UK European Union (Croatian Accession and Irish Protocol) Act 2013 Article 3(2) of the Treaty on European Union Regulation 1(2) of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 See EURES the European Job Mobility Portal (accessed 17 February 2017) 11/ _1 1

2 2. Employees 2.1 Overview Croatian nationals who want to work for someone else on a paid basis (ie as an employee) will usually require a purple certificate. However, in certain circumstances they may qualify for a blue registration certificate. This is a voluntary but useful document which shows that the individual is able to work in the UK without showing any further documents. There are also exemptions from the requirement for a certificate. 2.2 The purple registration certificate If the Croatian national wants to work for an employer and does not meet one of the criteria required to obtain a blue certificate, they will usually need to apply for the purple certificate A purple certificate is required for those who require authorisation in Tiers 2 or 5 of the points based system In order to obtain the purple certificate, they will need to be sponsored by their employer before they start working. Their employer must be on the list of registered sponsors. Their employer will need apply to the Home Office for a certificate of sponsorship. When this has been received, the Croatian national can use the number on the certificate of sponsorship to apply for a purple registration certificate Purple registration certificates will remain valid for as long as the holder works for the employer or holds a post in the employment category as specified on that document In addition, if the Croatian national changes jobs and still requires a purple certificate, they (and their new employer) will have to go through the same process outlined above In some categories of employment, the Croatian national will not need their employer to apply for a certificate of sponsorship. Instead, a purple registration certificate can be obtained simply by applying with a letter from their employer. These are as follows: (A) domestic servants in private households; (B) sole representatives of overseas businesses; and 5 This requirement reflects sections 8, 9 and 10 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations / _1 2

3 (C) postgraduate doctors or dentists who are doing a foundation programme. 2.3 The blue registration certificate A blue certificate indicates that the national is able to work in the UK without showing any further documents to employers This applies to Croatian nationals who have one of the following: (A) a degree; (B) a teaching qualification; (C) a Higher National Diploma; or (D) a Tier 1 (Exceptional Talent) endorsement. A Tier 1 (Exceptional Talent) endorsement means that the national has been endorsed by one of the following bodies: The Royal Society, The Royal Academy of Engineering, The British Academy, The Arts Council or Tech City UK Blue registration certificates will remain valid for as long as the holder is exercising a Treaty right in the UK. 2.4 Exemptions from the requirement for a purple registration certificate There is an extensive list of people (outlined in Schedule 1) who do not meet the standard criteria for a blue certificate, but are nonetheless exempt from the requirement for a purple certificate. 6 These people may wish to obtain the purple certificate anyway, to prove they are able to work for an employer in the UK without restriction. 3. Self Employed People 3.1 Overview Croatian nationals who wish to work for themselves do not need permission to work in the UK. However, they may wish to apply for a yellow registration certificate to prove their right to be self employed. The yellow certificate lasts as long as the national remains self employed. In addition, the national must register for self assessment. There is a large body of law regarding whether someone is self employed or not, which is outside the scope of this note. Further information can be found on the gov.uk website. 6 This reflects section 2 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations / _1 3

4 4. Self Sufficient People 4.1 Overview Croatian nationals who are self sufficient do not need permission to live in the UK. However they may apply for a yellow registration certificate to confirm their right to live in the UK as a self sufficient person. These last as long as the person is still self sufficient. 4.2 Additional requirements In order to qualify as being "self sufficient", the national will have to be able to support themselves without working and without claiming benefits. They must also have Comprehensive Sickness Insurance or a European Health Insurance Card. 5. Students who also Want to Work 5.1 Overview Croatian nationals who wish to study and work in the UK at the same time must apply for a yellow registration certificate. The national will only be permitted to work for up to 20 hours a week during term time (unless that national is on a vocational course which includes a work placement), but can work full time during their vacation periods. Therefore, if the student wishes to work for more than 20 hours during term time, they will be required to obtain a purple registration certificate. 5.2 Additional requirements In order that the Croatian national can work alongside studying, they must also have evidence of Comprehensive Sickness Insurance7 or a European Health Insurance Card, a letter from their UK place of study with the name of their course and the start and end dates, as well as proof that the national has sufficient funds to support them. This can be in the form of a bank statement or a letter from the sponsor or funder. 6. Family Members of Croatian Nationals 6.1 Overview Family members of Croatian nationals can apply to work in the UK, with various regulations depending on their nationality and the Croatian national's circumstances. 7 See the Immigration (European Economic Area) Regulations 2006 for a definition of "Comprehensive Sickness Insurance". 11/ _1 4

5 6.2 Definitions of "family members" Family members are defined in the Immigration (EEA) Regulations 2008 as: Spouse/Civil partners (same sex partners will need to prove they are in a "durable relationship"); Children under the age of 21 or those who are dependent (step children and adopted children may be included providing the adoption is recognised by UK law); Dependent direct relatives in the ascending line. 6.3 Croatian family members of a national who requires a purple certificate Croatian nationals who are family members of a Croatian national who is working do not themselves need authorisation using the purple certificate. Therefore they can start working without any restrictions. However, they may still make an application for a blue certificate to show they do not need any further permission to work. 6.4 Croatian family members of a national who does not require a purple certificate due to being highly skilled Croatian nationals who are family members of a Croatian national who does not require a purple certificate can also apply for a blue certificate to confirm they are exempt from the requirement for a purple certificate. 6.5 Croatian family member of a national who is self employed, self sufficient or a student Croatian nationals who are family members of a Croatian national who is exercising a Treaty right by being self employed, self sufficient or a student, do not themselves require authorisation whilst the national continues to exercise their right. However, they may still make an application for a blue certificate to show they do not need any further permission to work. 6.6 EEA members of a Croatian national's family An EEA national (of an EEA country other than Croatia) who is a member of a Croatian national's family has the same rights as any other EEA national (of an EEA country other than Croatia). The Croatian family member of an EEA national's family should also consider their rights arising from that status. See [insert cross references to AIRE note on this point, if available]. 11/ _1 5

6 6.7 Non EEA members of a Croatian national's family If the Croatian national has a purple registration certificate, their non EEA family members can apply for an accession residence card which will show employers that they are allowed to work in the UK. 8 If the Croatian national has a blue or yellow registration certificate, or is able to work in the UK without a registration certificate, their non EEA family members can apply for a residence card which will show employers that they are allowed to work in the UK Application Process 7.1 To apply for a registration certificate, the Croatian national must download and fill in the relevant application form from the gov.uk website. A fee of 65 (as at February 2017) must also be paid. Applications must be submitted to: Croatian Applications PO Box 638 Durham DH1 9LA 7.2 For more information regarding the application process, please see the government article "Croatian casework: application process", available via the following website: casework applicationprocess 8 9 Form CR(5): for a residence stamp non eea family ofcroatian form cr5 Form CR(4): for residence card non eea family ofcroatian form cr4 11/ _1 6

7 SCHEDULE 1 1. LIST OF CROATIAN NATIONALS WHO ARE EXEMPT FROM THE REQUIREMENT FROM THE REQUIREMENT FOR A PURPLE CERTIFICATE The following nationals are not required to obtain a purple certificate, pursuant to regulation 2 of The Accession of Croatia (Immigration and Worker Authorisation) Regulations Those who were legally present in the UK 30 June 2013 and who, on that date, were not subject to any restrictions on working (for example, those Croatian nationals who had already been granted settlement in the UK); 1.2 Those who were legally working in the UK on 30 June 2013 and had been legally working for a continuous period of 12 months ending on that date; 1.3 Those who worked legally for an uninterrupted period of 12 months falling partly or wholly after 30 June 2013; 1.4 Those who are also a national of the UK or of another Member State whose nationals are not subject to similar restrictions; 1.5 Those who are also the spouse or civil partner of a national of the UK or the family member of an EEA national who has a right to reside in the UK, except where that EEA national is subject to work authorisation; and 1.6 Those who are posted to the UK by a business established on the territory of another Member State. Who to contact If you continue to have concerns or wish to seek clarification on anything contained in this information note then you can contact us at info@airecentre.org or by phone on +44 (0) If for any reason we cannot assist then we will refer or signpost you to another organisation that will be able to help. Please note: information provided in this sheet is current up to 28 April / _1 7