The Accession (Immigration and Worker Registration) Regulations 2004

Made: 28th April 2004

Coming into force: 1st May 2004

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the right of entry into, and residence in, the United Kingdom and access to the labour market of the United Kingdom, in exercise of the powers conferred on him by section 2(2), and in exercise of the powers conferred upon him by section 2 of the European Union (Accessions) Act 2003 , hereby makes the following Regulations, a draft of which has been approved by resolution of each House of Parliament:

PART 1 — General

Citation, commencement and interpretation

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“Accession State worker requiring registration”

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PART 2 — Immigration

Amendment of the 2000 Regulations

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Right of residence of work seekers and workers from relevant acceding States during the accession period

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Application of 2000 Regulations in relation to an accession State worker requiring registration

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Transitional provisions applying to the application of the 2000 Regulations to nationals of the accession States and their family members

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PART 3 — Accession State worker registration

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

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Registration card and registration certificate

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• (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 £70;

• (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) was an accession State worker requiring registration at the date on which the applicant began working for that employer; 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

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Signed

Home Office

Des Browne — Minister of State — 2004-04-28

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I.2000/1813 and S.I. 2004/706.

[^f00002]: 1972 c. 68.

[^f00003]: 2003 c. 35.

[^f00004]: 1971 c. 77.

[^f00005]: S.I. 2000/2326.

[^f00006]: OJ No. C325, 24.12.02, p.51.

[^f00007]: OJ L 257, 19.10.1968, p. 2.

[^f00008]: OJ L. 257, 19.10.1968, p.13.

[^f00009]: Regulation 10(4) has been amended by regulation 5 of S.I. 2001/865.

[^f00010]: 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.

[^f00011]: 1999 c. 33.

[^f00012]: OJ L 257, 19.10.1968, p. 2.

[^f00013]: 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).

[^f00014]: Sections 28E, 28G and 28H were inserted by sections 132, 134 and 135 of the Immigration and Asylum Act 1999 respectively.

Editorial notes

[^c523658]: S.I.2000/1813 and S.I. 2004/706.

[^c523659]: 1972 c. 68.

[^c523660]: 2003 c. 35.

[^key-763239e7941c15a0ff0ca6acc9a3fceb]: Reg. 3 revoked (30.4.2006) by Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 1, Sch. 3 Pt. 1 (with Sch. 4)

[^key-975758310ee8fd53e23ae29537aaa163]: Reg. 6 revoked (30.4.2006) by Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 1, Sch. 3 Pt. 1 (with Sch. 4)

[^key-c9242fca5ae5de27af1dd5422d023958]: Word in reg. 8(4)(a) substituted (1.10.2005) by Accession (Immigration and Worker Registration) (Amendment) Regulations 2005 (S.I. 2005/2400), regs. 1(1), 2 (with reg. 1(2))

[^M_F_b6e1d4b2-1f22-4b22-fc93-77efa061f693]: Reg. 8(5)(a) substituted (1.5.2011) by The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (S.I. 2011/544), regs. 1(1), 3(3)

[^M_F_cce3863b-adde-4cf8-81e9-f7dd8a1ea314]: Regulations revoked with savings (1.5.2011) by The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (S.I. 2011/544), regs. 1(1), 2 (with reg. 3)

Application of 2006 Regulations in relation to accession State worker requiring registration