PART 1General
Citation, commencement, interpretation and consequential amendments1
1
These Regulations may be cited as the Accession (Immigration and Worker Authorisation) Regulations 2006 and shall come into force on 1st January 2007.
2
In these Regulations—
a
“the 1971 Act” means the Immigration Act 1971 M1;
b
“the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006 M2;
c
“accession period” means the period beginning on 1st January 2007 and ending on F1231st December 2013;
d
“accession State national subject to worker authorisation” has the meaning given in regulation 2;
e
“accession worker authorisation document” shall be interpreted in accordance with regulation 9(2);
f
“authorised category of employment” means a category of employment listed in the first column of the table in Schedule 1;
g
“authorised family member” has the meaning given in regulation 3;
h
“civil partner” does not include a party to a civil partnership of convenience M3;
i
“EEA State” means—
i
a member State, other than the United Kingdom;
ii
Norway, Iceland or Liechtenstein;
iii
Switzerland;
j
“employer” means, in relation to a worker, the person who directly pays the wage or salary of that worker;
k
“family member” shall be interpreted in accordance with regulation 7 of the 2006 Regulations;
l
“highly skilled person” has the meaning given in regulation 4;
m
“immigration rules” means the rules laid down as mentioned in section 3(2) of the 1971 Act applying on 1st January 2007 M4;
n
“letter of approval under the work permit arrangements” has the meaning given in paragraph 1(b) of Schedule 1;
o
“registration certificate” means a certificate issued in accordance with regulation 16 of the 2006 Regulations;
p
“relevant requirements” means, in relation to an authorised category of employment, the requirements set out in the second column of the table in Schedule 1 for that category;
q
“Sectors Based Scheme” has the meaning given in paragraph 1(f) of Schedule 1;
r
“spouse” does not include a party to a marriage of convenience;
s
“student” has the meaning given in regulation 4(1)(d) of the 2006 Regulations;
3
Schedule 2 (consequential amendments) shall have effect.
“Accession State national subject to worker authorisation”2
1
Subject to the following paragraphs of this regulation, in these Regulations “accession State national subject to worker authorisation” means a national of Bulgaria or Romania.
F22
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation if on 31st December 2006 he had leave to enter or remain in the United Kingdom under the 1971 Act that was not subject to any condition restricting his employment or he is given such leave after that date.
3
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation if he was legally working in the United Kingdom on 31st December 2006 and had been legally working in the United Kingdom without interruption throughout the period of 12 months ending on that date.
4
A national of Bulgaria or Romania who legally works in the United Kingdom without interruption for a period of 12 months falling partly or wholly after 31st December 2006 shall cease to be an accession State national subject to worker authorisation at the end of that period of 12 months.
5
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is also a national of—
a
the United Kingdom; or
b
an EEA State, other than Bulgaria or Romania.
F85A
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which that national is the spouse, civil partner or child under 18 of a person who has leave to enter or remain in the United Kingdom under the 1971 Act that allows that person to work in the United Kingdom.
6
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is the spouse or civil partner of a national of the United Kingdom or of a person settled in the United Kingdom.
F46A
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).
7
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he has a permanent right of residence under regulation 15 of the 2006 Regulations.
F58
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)F9or a worker mentioned in paragraph (8A); 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”).
F108A
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which that national is the spouse, civil partner or descendant of 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 worker falling within sub-paragraph (b) of regulation 6(1) of those Regulations (“qualified person”) provided that, in the case of a descendant, the descendant is under 21 or dependent on the accession State national subject to worker authorisation.
9
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a highly skilled person and holds a registration certificate that includes a statement that he has unconditional access to the United Kingdom labour market.
F110
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is in the United Kingdom as a student and —
a
holds a registration certificate that includes a statement that he is a student who may work in the United Kingdom whilst a student in accordance with the condition set out in paragraph (10A); and
b
complies with that condition.
10A
The condition referred to in paragraph (10) is that the student shall not work for more than 20 hours a week unless —
a
he is following a course of vocational training and is working as part of that training; or
b
he is working during his vacation.
10B
A national of Bulgaria or Romania who ceases to be a student at the end of his course of study is not an accession State national subject to worker authorisation during the period of four months beginning with the date on which his course ends provided he holds a registration certificate that was issued to him before the end of the course that includes a statement that he may work during that period.
11
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a posted worker.
C112
For the purposes of paragraphs (3) and (4) of this regulation—
a
a person working in the United Kingdom during a period falling before 1st January 2007 was working legally in the United Kingdom during that period if—
i
he had leave to enter or remain in the United Kingdom under the 1971 Act for that period, that leave allowed him to work in the United Kingdom, and he was working in accordance with any condition on that leave restricting his employment; or
F6ia
he was exempt from the provisions of the 1971 Act by virtue of section 8(3) of that Act; or
ii
he was entitled to reside in the United Kingdom for that period under the Immigration (European Economic Area) Regulations 2000 M6 or the 2006 Regulations without the requirement for such leave;
b
a person working in the United Kingdom on or after 1st January 2007 is legally working during any period in which he—
i
falls within paragraphs (5) to F3(10); or
ii
holds an accession worker authorisation document and is working in accordance with the conditions set out in that document;
c
a person shall be treated as having worked in the United Kingdom without interruption for a period of 12 months if he was legally working in the United Kingdom at the beginning and end of that period and any intervening periods in which he was not legally working in the United Kingdom do not, in total, exceed 30 days.
13
In this regulation—
a
b
the reference to a person settled in the United Kingdom shall be interpreted in accordance with section 33(2A) M8 of the 1971 Act.
Authorised family memberF113
A person is an authorised family member for the purpose of these Regulations if that person 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
the 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
the family member is the spouse or civil partner of the worker or a descendant of the worker who is under 21 or dependent on the worker.
“Highly skilled person”4
1
In these Regulations “highly skilled person” means a person who—
a
meets the criteria specified by the Secretary of State for the purpose of paragraph 135A(i) M9 of the immigration rules (entry to the United Kingdom under the Highly Skilled Migrant Programme) and applying on 1st January 2007, other than the criterion requiring a proficiency in the English language; or
b
has been awarded one of the following qualifications and applies for a registration certificate or submits a registration certificate to the Secretary of State under regulation 7(4) within 12 months of being awarded the qualification—
F7i
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.
2
In paragraph (1)(b), “relevant institution” means an institution that is financed from public funds or included on the Department for Education and Skills' Register of Education and Training Providers M10 on 1st January 2007.
Derogation from provisions of Community law relating to workers5
Regulations 6, 7 and 9 derogate during the accession period from F14Article 45 of the Treaty on the Functioning of the European Union, Articles 1 to 6 of Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community M11 and Council Directive 2004/38/ECM12 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.