Regulation 7 Requirement for an accession State worker requiring registration to be authorised to work

(1)

By way of derogation from Article 39 of the Treaty establishing the European Community and Articles 1 to 6 of Regulation (EEC) No. 1612/68 ^f1 on freedom of movement for workers within the Community, an accession State worker requiring registration shall only be authorised to work in the United Kingdom for an authorised employer.

(2)

An employer is an authorised employer in relation to a worker if —

(a)

the worker was legally working for that employer on 30th April 2004 and has not ceased working for that employer after that date;

(b)

the worker —

(i)

during the one month period beginning on the date on which he begins working for the employer, applies for a registration certificate authorising him to work for that employer in accordance with regulation 8; and

(ii)

has not received a valid registration certificate or notice of refusal under regulation 8 in relation to that application or ceased working for that employer since the application was made;

(c)

the worker has received a valid registration certificate authorising him to work for that employer and that certificate has not expired under paragraph (5); or

(d)

the employer is an authorised employer in relation to that worker under paragraph (3) or (4).

(3)

Where a worker begins working for an employer on or after 1st May 2004 that employer is an authorised employer in relation to that worker during the one month period beginning on the date on which the work begins.

(4)

Where a worker was, before 1st May 2004, issued with leave to enter the United Kingdom under the 1971 Act as a seasonal worker at an agricultural camp and the worker begins working for an employer on or after 1st May 2004 as a seasonal worker at such a camp, that employer is an authorised employer in relation to that worker during the period beginning on the date on which the work begins and ending on the date on which the worker ceases working for that employer, or on 31st December 2004, which ever is the earlier.

(5)

A registration certificate —

(a)

is invalid if the worker is no longer working for the employer specified in the certificate on the date on which it is issued;

(b)

expires on the date on which the worker ceases working for that employer.

(6)

Regulation 2(7)(a) shall apply for the purpose of determining whether a person is legally working on 30th April 2004 for the purpose of this regulation.

Annotations

Footnotes

f1: OJ L 257, 19.10.1968, p. 2.