The Accession (Immigration and Worker Registration) Regulations 2004

© Crown Copyright 2004

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Accession (Immigration and Worker Registration) Regulations 2004, ISBN 0110492390. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) "the 1971 Act" means the Immigration Act 1971[4];

(b) "the 2000 Regulations" means the Immigration (European Economic Area) Regulations 2000[5];

(c) "accession period" means the period beginning on 1st May 2004 and ending on 30th April 2009;

(d) "accession State worker requiring registration" shall be interpreted in accordance with regulation 2;

(e) "authorised employer" shall be interpreted in accordance with regulation 7;

(f) "EEA State" means a Member State, other than the United Kingdom, or Norway, Iceland or Liechtenstein, and "EEA national" means a national of an EEA State;

(g) "employer" means, in relation to a worker, the person who directly pays the wage or salary of that worker;

(h) "registration certificate" means a certificate issued under regulation 8 authorising an accession State worker requiring registration to work for an employer;

(i) "relevant accession State" means the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic;

(j) "self-sufficient person" has the same meaning as in regulation 3 of the 2000 Regulations;

(k) "worker" means a worker within the meaning of Article 39 of the Treaty establishing the European Community[6], and "work" and "working" shall be construed accordingly.

"Accession State worker requiring registration"
     2.  - (1) Subject to the following paragraphs of this regulation, "accession State worker requiring registration" means a national of a relevant accession State working in the United Kingdom during the accession period.

    (2) A national of a relevant accession State is not an accession State worker requiring registration if on 30th April 2004 he had leave to enter or remain in the United Kingdom under the 1971 Act and that leave was not subject to any condition restricting his employment.

    (3) A national of a relevant accession State is not an accession State worker requiring registration if he was legally working in the United Kingdom on 30th April 2004 and had been legally working in the United Kingdom without interruption throughout the period of 12 months ending on that date.

    (4) A national of a relevant accession State who legally works in the United Kingdom without interruption for a period of 12 months falling partly or wholly after 30th April 2004 shall cease to be an accession State worker requiring registration at the end of that period of 12 months.

    (5) A national of a relevant accession State is not an accession State worker requiring registration during any period in which he is also a national of  - 

(a) the United Kingdom;

(b) another EEA State, other than a relevant accession State; or

(c) Switzerland.

    (6) A national of a relevant accession State is not an accession State worker requiring registration during any period in which he is  - 

(a) a posted worker; or

(b) a family member of a Swiss or EEA national who is in the United Kingdom as  - 


(i) a worker, other than as an accession State worker requiring registration;

(ii) a self-sufficient person;

(iii) a retired person; or

(iv) a student.

    (7) For the purpose of this regulation  - 

(a) a person working in the United Kingdom during a period falling before 1st May 2004 was legally working in the United Kingdom during that period if  - 


(i) he had leave to enter or remain in the United Kingdom under the 1971 Act for that period, that leave allowed him to work in the United Kingdom, and he was working in accordance with any condition on that leave restricting his employment; or

(ii) he was entitled to reside in the United Kingdom for that period under the 2000 Regulations without the requirement for such leave;



(b) a person working in the United Kingdom on or after 1st May 2004 is legally working during any period in which he is working in the United Kingdom for an authorised employer;

(c) a person shall also be treated as legally working in the United Kingdom on or after 1st May 2004 during any period in which he falls within paragraph (5) or (6).

    (8) For the purpose of paragraphs (3) and (4), a person shall be treated as having worked in the United Kingdom without interruption for a period of 12 months if he was legally working in the United Kingdom at the beginning and end of that period and any intervening periods in which he was not legally working in the United Kingdom do not, in total, exceed 30 days.

    (9) In this regulation  - 

(a) "retired person" and "student" have the same meaning as in regulation 3 of the 2000 Regulations;

(b) "posted worker" means a person whose employer is not established in the United Kingdom and who works for that employer in the United Kingdom for the purpose of providing services on his employer's behalf;

(c) "family member" means  - 


(i) in relation to a worker, his spouse and his children who are under 21 or dependent on him;

(ii) in relation to any other person, his spouse and his children who are dependent on him.

Right of residence of work seekers and workers from relevant acceding States during the accession period
     4.  - (1) This regulation derogates during the accession period from Article 39 of the Treaty establishing the European Community, Articles 1 to 6 of Regulation (EEC) No. 1612/68[7] on freedom of movement for workers within the Community and Council Directive (EEC) No. 68/360 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families[8].

    (2) A national of a relevant accession State shall not be entitled to reside in the United Kingdom for the purpose of seeking work by virtue of his status as a work seeker if he would be an accession State worker requiring registration if he began working in the United Kingdom.

    (3) Paragraph (2) is without prejudice to the right of a national of a relevant accession State to reside in the United Kingdom under the 2000 Regulations as a self-sufficient person whilst seeking work in the United Kingdom.

    (4) An accession State worker requiring registration shall only be entitled to reside in the United Kingdom in accordance with the 2000 Regulations as modified by regulation 5.

Application of 2000 Regulations in relation to an accession State worker requiring registration
     5.  - (1) The 2000 Regulations shall apply in relation to an accession State worker requiring registration subject to the modifications set out in this regulation.

    (2) An accession State worker requiring registration shall be treated as a worker for the purpose of the definition of "qualified person" in regulation 5(1) of the 2000 Regulations only during a period in which he is working in the United Kingdom for an authorised employer.

    (3) Subject to paragraph (4), regulation 5(2) of the 2000 Regulations shall not apply to an accession State worker requiring registration who ceases to work.

    (4) Where an accession State worker requiring registration  - 

(a) begins working for an authorised employer on or after 1st May 2004; and

(b) ceases working for that employer in the circumstances mentioned in regulation 5(2) of the 2000 Regulations during the one month period beginning on the date on which the work begins,

that regulation shall apply to that worker during the remainder of that one month period.

    (5) An accession State worker requiring registration shall not be treated as an EEA national for the purpose of the power in regulation 10 of the 2000 Regulations (dependants and members of the household of EEA nationals)[9] to issue a residence permit or a residence document to a relative of an EEA national or his spouse.

    (6) An accession State worker requiring registration shall not be treated as a qualified person for the purpose of regulation 15 of the 2000 Regulations (issue of residence permits and residence documents).

Transitional provisions applying to the application of the 2000 Regulations to nationals of the accession States and their family members
     6.  - (1) Where before 1st May 2004 a qualified person or the family member of a qualified person has been given leave to enter or remain in the United Kingdom under the 1971 Act subject to conditions, those conditions shall cease to have effect on and after that date.

    (2) Where before 1st May 2004 directions have been given for the removal of a qualified person or the family member of a qualified person under paragraphs 8 to 10A of Schedule 2 to the 1971 Act[10] or section 10 of the 1999 Act, those directions shall cease to have effect on and after that date.

    (3) Where before 1st May 2004 the Secretary of State has made a decision to make a deportation order against a qualified person or the family member of a qualified person under section 5(1) of the 1971 Act - 

(a) that decision shall, on and after 1st May 2004, be treated as if it were a decision under regulation 21(3)(b) of the 2000 Regulations; and

(b) any appeal against that decision, or against the refusal by the Secretary of State to revoke the deportation order, made under section 63 of the 1999 Act or section 82(2)(j) or (k) of the 2002 Act before 1st May 2004 shall, on and after that date, be treated as if it had been made under regulation 29 of the 2000 Regulations.

    (4) In this regulation - 

(a) "the 1999 Act" means the Immigration and Asylum Act 1999[11]

(b) "the 2002 Act" means the Nationality, Immigration and Asylum Act 2002;

(c) regulation 6 of the 2000 Regulations shall apply for the purpose of determining whether a person is the family member of another person;

(d) any reference to a qualified person or to the family member of a qualified person is a reference to a person who becomes for the purpose of the 2000 Regulations a qualified person or the family member of a qualified person, as the case may be, on 1st May 2004 by virtue of regulation 3.

(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.

Registration card and registration certificate
     8.  - (1) An application for a registration certificate authorising an accession State worker requiring registration to work for an employer may only be made by an applicant who is working for that employer at the date of the application.

    (2) The application shall be in writing and shall be made to the Secretary of State.

    (3) The application shall state  - 

(a) the name, address, and date of birth of the applicant;

(b) the name and address of the head or main office of the employer;

(c) the date on which the applicant began working for that employer;

(d) where the applicant has been issued with a registration card, the reference number of that card.

    (4) Unless the applicant has been issued with a registration card under paragraph (5), the application shall be accompanied by  - 

(a) a registration fee of £50;

(b) two passport size photographs of the applicant;

(c) the applicant's national identity card or passport issued by the applicant's State;

(d) a letter from the employer concerned confirming that the applicant began working for the employer on the date specified in the application.

    (5) In the case of an application by an applicant who has not been issued with a registration card under this paragraph, the Secretary of State shall, where he is satisfied that the application is made in accordance with this regulation and that the applicant  - 

(a) is an accession State worker requiring registration; and

(b) began working for the employer on the date specified in the application,

send the applicant a registration card and a registration certificate authorising the worker to work for the employer specified in the application, and shall return the applicant's national identity card or passport.

    (6) In the case of any other application, the Secretary of State shall, if he is satisfied as mentioned in paragraph (5), send the applicant a registration certificate authorising the worker to work for the employer specified in the application.

    (7) A registration card issued under paragraph (5) shall contain  - 

(a) the name, nationality and date of birth of the applicant;

(b) a photograph of the applicant;

(c) a reference number.

    (8) A registration certificate issued under paragraph (5) or (6) shall contain  - 

(a) the name of the applicant;

(b) the reference number of the applicant's registration card;

(c) the name and address of the head or main office of the employer, as specified in the application;

(d) the date on which the applicant began working for the employer, as specified in the application; and

(e) the date on which the certificate is issued.

    (9) Where the Secretary of State receives an application made in accordance with this regulation and he is not satisfied as mentioned in paragraph (5), he shall  - 

(a) send the applicant a notice of refusal; and

(b) return any documents and fee that accompanied the application to the applicant.

    (10) Where the Secretary of State sends a registration certificate or notice of refusal to an applicant under this regulation he shall, at the same time, send a copy of the certificate or notice to the employer concerned at the address specified in the application for that employer.

    (11) Certificates and notices, and copies of these documents, sent under this regulation shall be sent by post.

Restriction on employers of relevant accession State workers requiring registration
     9.  - (1) Subject to paragraph (2), if an employer employs an accession State worker requiring registration during a period in which the employer is not an authorised employer in relation to that worker, the employer shall be guilty of an offence.

    (2) Subject to paragraph (4), in proceedings under this regulation it shall be a defence to prove that  - 

(a) there was produced to the employer during the one month period beginning on the date on which the worker began working for the employer a document that appeared to him to establish that the worker was not an accession State worker requiring registration; and

(b) the employer took and retained a copy of that document.

    (3) Subject to paragraph (4), in proceedings under this regulation it shall be a defence to prove that  - 

(a) there was produced to the employer during the one month period beginning on the date on which the worker began working for the employer a document that appeared to him to establish that the worker had applied for a registration certificate in accordance with regulation 8 authorising the worker to work for that employer;

(b) the employer took and retained a copy of that document; and

(c) the employer has not received a copy of a registration certificate or notice of refusal in relation to that application.

    (4) The defence afforded by paragraph (2) or (3) shall not be available in any case where the employer knew that his employment of the worker would constitute an offence under this regulation.

    (5) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (6) Where an offence under this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of  - 

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person purporting to act in such a capacity,

he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

    (7) Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (8) Where an offence under this regulation is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

    (9) Paragraph (6) shall have effect in relation to a limited partnership as if  - 

(a) a reference to a body corporate were a reference to a limited partnership; and

(b) a reference to an officer of the body corporate were a reference to a partner.

    (10) Section 28(1) of the 1971 Act (extended time limit for prosecution) shall apply in relation to an offence under this regulation.

    (11) An offence under this regulation shall be treated as  - 

(a) a relevant offence for the purpose of sections 28B and 28D of that Act[13] (search, entry and arrest); and

(b) an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H[14](search after arrest).

Home Office


Des Browne
Minister of State

28th April 2004

[2] 1972 c. 68.back

[3] 2003 c. 35.back

[4] 1971 c. 77.back

[5] S.I. 2000/2326.back

[6] OJ No. C325, 24.12.02, p.51.back

[7] OJ L 257, 19.10.1968, p. 2.back

[8] OJ L. 257, 19.10.1968, p.13.back

[9] Regulation 10(4) has been amended by regulation 5 of S.I. 2001/865.back

[10] Paragraphs 8 to 10 have been amended by the Schedule to the Immigration Act 1988 (c. 14), Schedule 2 to the Asylum and Immigration Act 1996 (c. 49), and Schedule 7 to the Nationality, Immigration and Asylum Act 2002(c. 41) and paragraph 10A was inserted by section 73 of the 2002 Act.back

[11] 1999 c. 33.back

[12] OJ L 257, 19.10.1968, p. 2.back

[13] Sections 28B was inserted by section 129 of the Immigration and Asylum Act 1999(c. 33) and 28D was inserted by section 131 of that Act; both sections have been amended by sections 144 and 150 of the Nationality, Immigration and Asylum Act 2002(c. 41).back

[14] Sections 28E, 28G and 28H were inserted by sections 132, 134 and 135 of the Immigration and Asylum Act 1999 respectively.back