The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013

Issuing EEA registration certificates and residence cards U.K.

7.—(1) During the accession period, regulation 6 of the EEA Regulations has effect as if, in paragraph (1), after “EEA national”, there were inserted “ , except an accession State national subject to worker authorisation within the meaning of regulation 2 of the Croatian Regulations, ” and after paragraph (1), there were inserted—

“(1A) In these Regulations, a “qualified person” also means a person who is an accession State national subject to worker authorisation within the meaning of regulation 2 of the Croatian Regulations and in the United Kingdom as—

(a) a self-employed person;

(b) a self-sufficient person;

(c) a student; or

(d) a highly skilled person who is seeking employment or is employed in the United Kingdom.

[F1 (1B) In regulation 14(2), regulation 16(3) and (5) and regulation 17(1) and (4) a “qualified person” includes an accession State national subject to worker authorisation within the meaning of regulation 2 of the Croatian Regulations where that accession State national subject to worker authorisation has a right to reside.]

(1C) In these Regulations—

(a) “the Croatian Regulations” means the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013; and

(b) “highly skilled worker” has the meaning given in regulation 1 of the Croatian Regulations.”

(2) Subject to paragraph (6), an EEA registration certificate issued to a Croatian national during the accession period shall include a statement that the holder of the certificate has unconditional access to the United Kingdom labour market, unless that person is not an accession State national subject to worker authorisation solely by virtue of falling within paragraph (16) or (18) of regulation 2.

(3) A Croatian national who holds an EEA registration certificate that does not include a statement that he has unconditional access to the United Kingdom labour market may, during the accession period, submit the certificate to the Secretary of State for the inclusion of such a statement.

(4) The Secretary of State must re-issue a EEA certificate submitted to her under paragraph (3) with the inclusion of a statement that the holder has unconditional access to the United Kingdom labour market if she is satisfied that the holder—

(a) is a qualified person within the meaning of paragraph (1A) of regulation 6 of the EEA Regulations as applied by paragraph (1); or

(b) has ceased to be an accession State national subject to worker authorisation other than solely by virtue of falling within paragraph (16) or (18) of regulation 2.

(5) An EEA registration certificate issued to a Croatian national who is a student during the accession period shall include a statement that the holder of the certificate is a student who may work in the United Kingdom whilst a student in accordance with the condition set out in paragraph (17) of regulation 2 and who, on ceasing to be a student, may work during the period referred to in paragraph (18) of regulation 2, unless it includes a statement under paragraph (2) or (4) that the holder has unconditional access to the United Kingdom labour market.

(6) Where under paragraph (5) of regulation 16 of the EEA Regulations an EEA registration certificate is issued to a Croatian national extended family member[F2 , with the exception of an extended family member who is an unmarried partner (including a same sex partner),] of an accession State national subject to worker authorisation, the certificate must include a statement that the certificate does not confer a permission to work.

[F3 (7)  Where under paragraph (1) or (4) of regulation 17 of the EEA Regulations a residence card is issued to a family member or an extended family member of an accession State national subject to worker authorisation—

(a) paragraph (6) of regulation 17 of the EEA Regulations shall not apply;

(b) the duration of that card shall be twelve months from the date of issue; and

(c) that card shall be entitled “Accession Residence Card”.]

Textual Amendments

F1 Words in reg. 7(1) substituted (6.4.2014) by The Accession of Croatia (Immigration and Worker Authorisation) (Amendment) Regulations 2014 (S.I. 2014/530), regs. 1(2), 2(5)(a)

F2 Words in reg. 7(6) inserted (6.4.2014) by The Accession of Croatia (Immigration and Worker Authorisation) (Amendment) Regulations 2014 (S.I. 2014/530), regs. 1(2), 2(5)(b)

F3 Reg. 7(7) inserted (6.4.2014) by The Accession of Croatia (Immigration and Worker Authorisation) (Amendment) Regulations 2014 (S.I. 2014/530), regs. 1(2), 2(5)(c)