United Kingdom EU Worker Registration Scheme


The Accession State Worker Registration Scheme was a temporary measure used in the period from 1 May 2004 to 30 April 2011 by the UK Home Office to restrict and monitor incoming workers from eight of the ten nations that joined the European Union during the 2004 enlargement. These nations are collectively known as the "A8 countries".
The scheme was established under the Accession Regulations 2004. It attempted to help the UK government track the impact of A8 workers on the UK labour market and restrict access to certain state benefits until a worker had completed 12 months of continuous employment.
The scheme is no longer in operation. The last day on which a new worker in the UK was required to register was 30 April 2011. However, historical compliance with the scheme remains a critical legal requirement for A8 nationals seeking to prove their lawful residence in the UK for the purpose of naturalisation or permanent residence applications.

A8 countries

The A8 countries were eight of the ten countries that joined the European Union in 2004. Nationals from these countries were subject to the WRS:
Note: Cyprus and Malta also joined the EU in 2004 but their nationals were fully exempt from the WRS. In 2007, Bulgaria and Romania joined the EU; they were not subject to the WRS but faced different restrictions which required work permits until 2014, when the seven-year transitional limit allowed by their Treaty of Accession was reached.

Operation and requirements

Between 2004 and 2011, the scheme operated to monitor where citizens of the A8 countries were entering the labour market, the type of work being performed, and the impact on the UK economy.

Registration process

Nationals of the A8 countries were required to register with the Home Office within one month of starting a new job in the UK. The process involved:
  • Completing a WRS application form.
  • Paying a registration fee.
  • Providing a passport or ID card and a letter from the employer confirming employment.
Upon successful application, the worker received a registration card and a registration certificate. If the worker changed employers, they were required to re-register, though the fee was usually waived for subsequent applications.

The 12-month rule

A key component of the scheme was the 12-month qualifying period. Once an A8 national had been working legally in the UK for 12 months without a break in employment of more than 30 days, they were no longer required to register on the WRS. At this point, they acquired full free movement rights and could apply for a residence permit confirming their status, as well as access full social security benefits.

Incentives and penalties

While the scheme was mandatory, enforcement was often described as "light-touch." It was a criminal offence for an employer to employ an A8 national who had not applied to register within one month of starting work, but prosecutions were rare.
However, there were significant administrative consequences for the workers themselves:
  • Benefits: By registering, immigrants were able to claim some in-work benefits, such as Housing Benefit, Council Tax Benefit, and Tax Credits. Unregistered workers were generally ineligible for these.
  • Permanent Residence: Failure to register had severe long-term consequences for those seeking British citizenship. Periods of work undertaken while unregistered are often considered "unlawful" by the Home Office. Consequently, they do not count towards the five-year qualifying period for Permanent Residence or Settled Status. Applicants often find they must restart their five-year count from the date the scheme was abolished or from when they achieved 12 months of registered work.

Exemptions

Certain categories of A8 workers were exempt from the requirement to register. These included:
  • Those who were self-employed.
  • Those who were students.
  • Those who were working legally in the UK on 30 April 2004 and continued in that employment.
  • Those who had been in continuous employment for at least 12 months falling partly or wholly after 30 April 2004.
  • Those providing services in the UK on behalf of an employer not established in the UK.
  • Dual nationals who also held citizenship of the UK, Switzerland, or another EEA state that was not an A8 country.

Abolition and legal challenges

The scheme was abolished on 30 April 2011. By this date, the A8 countries had been EU members for seven years, which was the maximum transitional period allowed under the Treaty of Accession 2003. Since 1 May 2011, A8 nationals have enjoyed the same rights to work and claim benefits as nationals from older EU member states.

Supreme Court ruling (2019)

In 2019, the Supreme Court of the United Kingdom ruled in the case of Gubeladze v Secretary of State for Work and Pensions that the extension of the Worker Registration Scheme from 2009 to 2011 was disproportionate and unlawful. The government had extended the scheme in 2009 without seeking approval from the national Migration Advisory Committee, arguing it was necessary due to the financial crisis. The Court found that the government failed to provide adequate evidence that the extension was proportionate. This ruling allowed many A8 nationals to claim residence rights and benefits retrospectively for the period between 2009 and 2011, even if they had not registered.