5 years since end of Workers Registration Scheme brings opportunity for A8 nationals
Under the Workers Registration Scheme, which was in operation from 1 May 2004 until 30 April 2011, EU citizens from the following countries had to register to work for an employer in the UK:
- Czech Republic;
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Estonia;
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Hungary;
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Latvia;
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Lithuania;
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Poland;
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Slovakia;
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Slovenia.
There were exemptions, such as being self-employed, but the majority of people from A8 countries working in the UK had to register.
Historically, if registration did not take place, any employment during the relevant period was not authorised and this period of living and working in the UK would not count towards the five year period required to acquire the right of permanent residence under EU law.
However, as it has now been five years since 30 April 2011, A8 country nationals who have been in the UK working since April 2011, or have otherwise been qualified persons since the end of the Registration Scheme, are now eligible to apply for a document certifying permanent residence.
The requirements for a document certifying permanent residence are outlined here. There are residence requirements, and it is necessary to show a continuous exercise of Treaty rights.
For the third country national family members of A8 nationals applying for a Permanent Residence Card, it is necessary to show that:
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their A8 family member exercised Treaty rights since 30 April 2011 as a worker or self-employed person or student with comprehensive sickness insurance or self-sufficient person with comprehensive sickness insurance; and
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that the non-EU family member resided continuously in the UK as a family member throughout that period.
A8 nationals looking to strengthen their position ahead of the upcoming EU referendum may wish to make applications in the near future.
Contact our Immigration Barristers London, UK
For assistance with applying for a Document Certifying Permanent Residence as an A8 national or a Permanent Residence Card as the family member of an A8 national, contact our London immigration barristers on 0203 617 9173 or via our online enquiry form.
