United Kingdom EU Worker Registration Scheme

Last updated

The Accession State Worker Registration Scheme was a temporary measure used in the period from 2004 to 2011 by the UK to restrict incoming workers from the eight member states of the European Union in Central Europe and the Baltic region of northern Europe (the "A8 countries"). It attempted to help the UK's government to be able to keep track of the way that the UK labour market was affected by the workers from the A8 countries. [1] The scheme is no longer in operation as the last day on which a new worker in the U.K. was required to register was 30 April 2011. [2] [3]

Contents

A8 countries

The A8 countries were eight of the ten countries that joined the European Union in 2004, namely:

Note: In 2007, Bulgaria and Romania became members of the European Union but did not become subject to WRS regulations. Bulgarians and Romanians still needed a work permit in order to work legally in the UK until 2014 when the maximum extent (7 years) of this temporary measures allowed by their Treaty of Accession to the EU was reached.

Registration and benefits

Workers from the above countries were required to register on the WRS scheme within a month of joining a new employer. However, there were no incentives to do this: registration took time and money, immigrants were able to work (illegally) without it, and no immigrant has ever been prosecuted for not having registered on the scheme[ citation needed ]. Consequently, immigration data from the WRS was indicative at best.

There were, however, consequences for workers who later sought to become British citizens. Those who could not prove that they had registered on the scheme were unable to count any time prior to May 2011 towards the minimum five year qualifying period of residence in the UK, and so could not become eligible to apply for British citizenship until 2016 at the earliest.

By registering, immigrants were able to claim some basic benefits, such as Housing Benefit, Council Tax Benefit and Tax Credits. However, the worker must have been employed to be able to claim these benefits. If the worker was able to prove that they had worked legally for at least a 12-month period (without a break in employment of more than 30 days) then they gained the ability to claim social security benefits such as Jobseeker's Allowance.

Exemption

Workers that were exempt from registering on the scheme included:

Abolition

On 30 April 2011 the worker registration scheme was abolished. By the time the A8 countries had been in the EU for over seven years (1 May 2004 to 20 April 2011) and the maximum extent of the temporary measures, which were allowed by the Treaty of Accession to the EU (from 2003), had been reached and therefore since then their nationals enjoy the same rights as those of the older member states. While registration was no longer possible from 1 May 2011, because the scheme only required people to register if they were working for longer than one month, this meant that anyone starting work after 1 April 2011 no longer required to register.

See also

Related Research Articles

European Union law Rules operating within EU member states

European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".

Unemployment benefits, also called unemployment insurance, unemployment payment, unemployment compensation, or simply unemployment, are payments made by authorized bodies to unemployed people. In the United States, benefits are funded by a compulsory governmental insurance system, not taxes on individual citizens. Depending on the jurisdiction and the status of the person, those sums may be small, covering only basic needs, or may compensate the lost time proportionally to the previous earned salary.

Foreign worker

Foreign workers or guest workers are people who work in a country other than one of which they are a citizen. Some foreign workers use a guest worker program in a country with more preferred job prospects than in their home country. Guest workers are often either sent or invited to work outside their home country or have acquired a job before leaving their home country, whereas migrant workers often leave their home country without a specific job in prospect.

Self-employment is the state of working for oneself rather than an employer. Tax authorities will generally view a person as self-employed if the person chooses to be recognised as such or if the person is generating income for which a tax return needs to be filed. In the real world, the critical issue for the tax authorities is not whether a person is engaged in a business activity but whether the activity is profitable and therefore potentially taxable. In other words, the activity of trading is likely to be ignored if no profit is present, so occasional and hobby- or enthusiast-based economic activity is generally ignored by the tax authorities. Self-employed people are usually classified as a sole proprietor, independent contractor, or as a member of a partnership.

Indefinite leave to remain British immigration status

Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE).

Since 1945, immigration to the United Kingdom under British nationality law has been significant, in particular from the Republic of Ireland and from the former British Empire, especially India, Bangladesh, Pakistan, the Caribbean, South Africa, Nigeria, Ghana, Kenya, and Hong Kong. Since 1992-1993, when the EU was created, immigrants have come from member states of the European Union, exercising one of the European Union's Four Freedoms. In 2021, since the Brexit came into effect, previous EU citizenship's right to move and reside in the EU on a permanent basis does not apply anymore. A smaller number have come as asylum seekers seeking protection as refugees under the United Nations 1951 Refugee Convention.

Permanent residency Status of a person in a country

Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR).

Common Travel Area Open borders area comprising the United Kingdom, Ireland, the Isle of Man, and the Channel Islands

The Common Travel Area is an open borders area comprising the United Kingdom, Ireland, Isle of Man, and the Channel Islands. The British Overseas Territories are not included. Based on agreements that are not legally binding, the internal borders of the CTA are subject to minimal controls and can normally be traversed by British and Irish citizens with minimal identity documents. The maintenance of the CTA involves co-operation on immigration matters between the British and Irish authorities.

Citizenship of the European Union Legal right conferred to citizens of EU member states

Citizenship of the European Union is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law.

European single market Single market of the European Union and participating non-EU countries

The European single market, internal market or common market is a single market comprising the 27 member states of the European Union (EU) as well as – with certain exceptions – Iceland, Liechtenstein, and Norway through the Agreement on the European Economic Area, and Switzerland through bilateral treaties. The single market seeks to guarantee the free movement of goods, capital, services, and people, known collectively as the "four freedoms".

The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. The free movement of workers means that nationals of any member state of the European Union can take up an employment in another member state on the same conditions as the nationals of that particular member state. In particular, no discrimination based on nationality is allowed. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and capital. Article 45 TFEU states that:

  1. Freedom of movement for workers shall be secured within the Community.
  2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
  3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
  4. The provisions of this article shall not apply to employment in the public service.
2013 enlargement of the European Union 2013 admission of Croatia to the European Union

The most recent enlargement of the European Union saw Croatia become the European Union's 28th member state on 1 July 2013. The country applied for EU membership in 2003, and the European Commission recommended making it an official candidate in early 2004. Candidate country status was granted to Croatia by the European Council in mid-2004. The entry negotiations, while originally set for March 2005, began in October that year together with the screening process.

Citizens Rights Directive

The Citizens’ Rights Directive 2004/38/EC defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate bilateral agreement on free movement with the EU.

A work permit or work visa is the permission to take a job within a foreign country.

Schengen Area Area of 26 European states without mutual border controls

The Schengen Area is an area comprising 26 European countries that have officially abolished all passport and all other types of border control at their mutual borders. The area mostly functions as a single jurisdiction for international travel purposes, with a common visa policy. The area is named after the 1985 Schengen Agreement signed in Schengen, Luxembourg.

The Immigration Regulations 2006 amended by SI 2009/1117, SI 2011/1247 and SI 2015/694 which have now been mostly repealed and superseded by the Immigration Regulations 2016 was a piece of British legislation which implemented the right of free movement of EEA nationals and their family members in the United Kingdom. It is based on Directive 2004/38/EC. It allows EEA citizens and their family members to live and work in the UK without explicit permission. Although Swiss citizens are covered by a separate bilateral agreement; they are treated basically the same as EEA nationals. Family members may need a special entry clearance to enter the UK.

2004 enlargement of the European Union 2004 addition of 10 states to the EU

The largest expansion of the European Union (EU), in terms of territory, number of states, and population took place on 1 May 2004.

Visa policy of Ireland Policy on permits required to enter Ireland

The visa policy of Ireland is set by the Government of Ireland and determines visa requirements for foreign citizens. If someone other than a European Union, European Economic Area, Common Travel Area or Swiss citizen seeks entry to Ireland, they must be a national of a visa-exempt country or have a valid Irish visa issued by one of the Irish diplomatic missions around the world.

Unemployment in the United Kingdom Overview of unemployment in the United Kingdom

Unemployment in the United Kingdom is measured by the Office for National Statistics and in the three months to May 2017 the headline unemployment rate stood at 4.5%, or 1.49 million people. This is a reduction in unemployed people of 152,000 from a year earlier, and is the lowest jobless rate since 1975. The ONS said the employment rate, or percentage of people in work for those aged between 16 and 64, was 74.9% for the three months to May. This is the highest employment rate since comparable records began in 1971. There were 32.01 million people in work, 324,000 more than a year earlier.

2015–2016 United Kingdom renegotiation of European Union membership Process that preceded Brexit referendum

The 2015-16 United Kingdom renegotiation of European Union membership was an unimplemented non-binding package of changes to the United Kingdom's terms of its European Union (EU) membership as a member state and changes to EU rules which was first proposed by Prime Minister David Cameron in January 2013, with negotiations beginning in the summer of 2015 following the outcome of the UK General Election. The package was agreed by the President of the European Council Donald Tusk, and approved by EU leaders of all 27 other countries at the European Council session in Brussels on 18–19 February 2016 between the United Kingdom and the rest of the European Union. The changes were intended to take effect following a vote for "Remain" in the UK's in-out referendum in June 2016, at which point suitable legislative proposals would be presented by the European Commission. Due to the outcome of the referendum in which the electorate voted by 51.9% to 48.1% to leave the bloc, the changes were never implemented and subsequently the United Kingdom withdrew from the European Union in January 2020.

References

  1. "East Europe worker 'curbs' kept". BBC News . 8 April 2009. Retrieved 4 February 2011.
  2. "CCM20110 - Claimant Compliance Manual - HMRC internal manual - GOV.UK".
  3. "Closure of the worker registration scheme".