TCTM02085 - Entitlement: Residence rules - Right to reside: The Workers Registration Scheme (WRS)

IMPORTANT NOTE: The Workers Registration Scheme (WRS) ended on 30 April 2011, this means:

For all awards prior to 1 May 2011 the following groups of A8 nationals are required to register their employment with the WRS:-

• all A8 nationals who took up new employment in the UK on or after 1 May 2004;
• nationals of A8 countries who are dependents of A8 workers who arrived in the UK on or after 1 May 2004 and who wish to work in the UK;
• part-time workers who are nationals of A8 countries;
• students who are working; and
• short-term and temporary workers who are employed by a labour provider.

An A8 national who is working in the United Kingdom and is required to register his employment with the WRS but does not do so, does not have a right to reside in the United Kingdom as a worker - but that does not necessarily mean they do not have a right to reside on other grounds. For example, provided the A8 national is deemed to be self sufficient, they would have a right to reside in the United Kingdom as a ‘qualified person’.

The following A8 nationals are not required to register with the WRS:-

• self-employed workers;
• A8 nationals who were working legally in the UK for 12 months or more in the employment they were in on 1 May 2004;
• A8 nationals who were working legally in the UK and who stayed in the same job after 1 May 2004;
• A8 nationals who were issued with leave to enter the UK before 1 May 2004 as a seasonal agricultural worker and took up employment on the Seasonal Agricultural Workers Scheme on or after that date;
• A8 nationals who are providing services in the UK on behalf of an employer who is not establish in the UK;
• A8 nationals who are family members of a Swiss or EEA national (other than one of the A8 countries or UK) who is working in the UK;
• A8 nationals who are also citizens (dual nationals) of the UK, Switzerland or another EEA country, other than the A8 states;
• A8 nationals who are family members of a Swiss or EEA national (other than one of the A8 countries or the UK) who is living in the UK as a student or a retired or a self-sufficient person; and
• A8 nationals who were granted indefinite leave to enter or remain in the UK.

A worker from one of the A8 countries who has worked legally for a period of 12 months or more without interruption (i.e. periods of unemployment must not total more than 30 days in any 12 month period) is entitled to full free movement rights under the treaty of Accession and is no longer required to register his or her employment.