The Immigration (Swiss Free Movement of Persons) (No. 3) Regulations 2002

2.  In regulation 3 of the 2000 Regulations—

(a) after paragraph (1)(b) insert—

“(ba) “posted worker” means a person who is not an EEA national and—

(i) is the employee of a Swiss national or Swiss company that provides or seeks to provide services in the United Kingdom;

(ii) is posted to the United Kingdom for the purpose of providing those services on behalf of his employer; and

(iii) prior to the posting, is integrated into the regular labour market of an EEA State,

and, for the purpose of this definition, “services” has the same meaning as in Article 50 of the EC Treaty, and “Swiss company” means a company that is formed in accordance with the law of Switzerland and has its registered office, central administration or principal place of business in Switzerland;”;

(b) delete paragraph (1)(f);

(c) for paragraph (2) substitute—

“(2) For the purposes of paragraph (1)(e)—

(a) resources are to be regarded as sufficient if they exceed the level in respect of which the recipient would qualify for social assistance;

(b) where the person concerned has been employed in the United Kingdom for less than one year, any unemployment benefit to which he is entitled by virtue of having paid national insurance contributions shall be treated as the resources of that person.”.