EU Citizens Working in the UK

Most citizens of countries in the European Union (EU), the European Economic Area (EEA) and Switzerland have the right to live and work in the UK under European law. European nationals may also bring their family with them to live in the UK. However, to exercise the right to live in the UK nationals of these countries must be able to support themselves and their families without having to rely on public funds.

Anyone working in the UK must register with Her Majesty’s Revenue & Customs and are liable to pay income tax and national insurance contributions provided their income exceeds the tax-free minimum.

Working in the UK

European nationals with the right to live in the UK are, with certain exceptions, entitled to work in the UK and do not need to obtain a visa or work permit in order to do so. European nationals have the same rights as UK citizens, in this respect, and employers must treat them equally. An employer who treats an EEA or Swiss worker differently purely because he is not from the UK is guilty of discrimination.

EEA nationals and their family members can be employed, self-employed or start their own businesses in the UK. If the family members of an EEA national exercising his right to live in the UK are not themselves EEA or Swiss nationals they will have to apply for an EEA family permit before they travel to the UK.

The Worker Registration Scheme

Nationals of some countries which joined the EU recently face additional restrictions if they wish to work in the UK. Citizens of Slovenia, Slovakia, Poland, Lithuania, Latvia, Hungary, Estonia and the Czech Republic must all join the Worker Registration Scheme if they wish to work in the UK for longer than one month. Nationals of these countries who are self-employed do not have to register under the scheme.

Workers should apply to be registered as soon as they start working and in any event before they have been working for one month. If they continue to work for longer than one month without registering their employment will be rendered unlawful. The application to register is made using form WRS and a £90 fee must be paid. Once registered, workers will be supplied with a registration card and certificate. If they move to a new job they will need to apply for a new certificate but there is no additional fee for this. People with more than one job at the same time will need a separate certificate for each employer.

Once nationals of any of the listed countries have worked continuously in the UK for 12 months they no longer have to be registered with the Scheme. Workers from the relevant countries who are exempt for this, or any other, reason may obtain a registration certificate to prove that they are exempt. However, there is no formal requirement for them to do so.

It should be noted that Latvians with Latvian alien passports are not permitted to work in the UK under European law and must, therefore, obtain entry clearance before coming to the UK.

Bulgarian and Romanian Nationals

Whilst free to come and live in the UK, if they can support themselves, most Bulgarian and Romanian nationals may not take employed work without first obtaining permission. Although there are some exceptions, nationals of these countries will almost certainly have to apply for an accession worker card using form BR3 before they start work.

In addition employers of Bulgarian or Romanian nationals usually have to apply for a work permit using form SB1. There are some exceptions to this requirement, generally based on the type of work the Bulgarian or Romanian national will be doing. The UK Border Agency website provides a complete list of all jobs which do not require the employer to obtain a work permit.

After 12 months of continuous employed work Bulgarian and Romanian nationals are free to live and work in the UK without having to get any form of permission.