The Accession (Worker Authorisation and Worker Registration) (Amendment) Regulations 2007

Amendment of the 2006 Accession Regulations

2.—(1) The 2006 Accession Regulations are amended as follows.

(2) In regulation 2 (“Accession State national subject to worker authorisation”) —

(a) after paragraph (6) insert the following paragraph—

“(6A) A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a member of a mission or other person mentioned in section 8(3) of the 1971 Act (member of a diplomatic mission, the family member of such a person, or a person otherwise entitled to diplomatic immunity), other than a person who, under section 8(3A) of that Act, does not count as a member of a mission for the purposes of section 8(3).”;

(b) for paragraph (8) substitute—

“(8) A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a family member of —

(a) an EEA national who has a right to reside in the United Kingdom under the 2006 Regulations, other than —

(i) an accession State national subject to worker authorisation; or

(ii) a person who is not an accession State national subject to worker authorisation solely by virtue of being the family member of a person mentioned in sub-paragraph (b); or

(b) an accession State national subject to worker authorisation who has a right to reside under regulation 14(1) of the 2006 Regulations by virtue of being a self-employed person, a self-sufficient person or a student falling within sub-paragraph (c), (d) or (e) of regulation 6(1) of those Regulations (“qualified person”).”;

(c) in paragraph (12)(a), insert the following paragraph after sub-paragraph (i)—

“(ia) he was exempt from the provisions of the 1971 Act by virtue of section 8(3) of that Act; or”.

(3) In regulation 3 (authorised family member), for paragraph (1) substitute —

“(1) A person is an authorised family member for the purposes of these Regulations if he is the family member of an accession State national subject to worker authorisation who has a right to reside in the United Kingdom under regulation 14(1) of the 2006 Regulations as a worker, unless—

(a) that worker is only authorised to work under these Regulations by virtue of holding an accession worker card issued in accordance with regulation 11 pursuant to an application as an authorised family member; or

(b) that worker is working as an au pair, a seasonal agricultural worker or under the Sectors Based Scheme.”.

(4) In regulation 4 (“highly skilled person”), for sub-paragraphs (i) and (ii) in paragraph (1)(b) substitute—

“(i) a Higher National Diploma awarded by a relevant institution in Scotland; or

(ii) a degree, postgraduate certificate or postgraduate diploma awarded by a relevant institution in the United Kingdom.”.