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

Transcription

1 Note on the Rights of Croatian Nationals to Live and Work in the UK Shorter Version 1. Background Croatian nationals may 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 1 right as a student, a self employed person or self sufficient (without being economically active). However, the UK has implemented restrictions on these rights 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" 3. 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 document that a particular individual requires differs depending on what they will be doing in the UK. 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. 4 In order to obtain the purple certificate, they will need to be sponsored by their employer before they start working 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) This requirement reflects sections 8, 9 and 10 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations / _1 1

2 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. 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 a degree, a teaching qualification, a Higher National Diploma, or a Tier 1 (Exceptional Talent) endorsement. 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 0) who do not meet the standard criteria for a blue certificate, but are nonetheless exempt from the requirement for a purple certificate. 5 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 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. Further information on self assessment can be found on the gov.uk website. 4. Self Sufficient People 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. 5 This reflects section 2 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations / _1 2

3 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 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. In order that the Croatian national can work alongside studying, they must also have evidence of Comprehensive Sickness Insurance6 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 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. Family members include spouses or civil partners, children under 21, and dependent adult relatives. Croatian family members of Croatians legally working in the UK generally do not require authorisation to work, but may apply for a blue certificate to show they do not need any further permission to work. Non EEA family members can apply for an accession residence card or a residence card which will show employers that they are allowed to work in the UK See the Immigration (European Economic Area) Regulations 2006 for a definition of "Comprehensive Sickness Insurance". Form CR(5): for a residence stamp non eea family ofcroatian form cr5 and Form CR(4): for residence cardnon eea family of croatian form cr4 11/ _1 3

4 7. Application Process 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. For more information regarding the application process, please see the government article "Croatian casework: application process", available via the following website: casework applicationprocess 11/ _1 4

5 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 5