LegalizeThe Accession (Immigration and Worker Authorisation) Regulations 2006
Made: 13th December 2006
Coming into force: 1st January 2007
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PART 1 — General
Citation, commencement, interpretation and consequential amendments
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“Accession State national subject to worker authorisation”
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Authorised family member
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“Highly skilled person”
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Derogation from provisions of Community law relating to workers
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PART 2 — Immigration
Right of residence of an accession State national subject to worker authorisation
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Issuing registration certificates and residence cards to nationals of Bulgaria and Romania and their family members during the accession period
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Transitional provisions to take account of the application of the 2006 Regulations to nationals of Bulgaria and Romania and their family members on 1st January 2007
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PART 3 — Accession State worker authorisation
Requirement for an accession State national subject to worker authorisation to be authorised to work
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Application for an accession worker card
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Issuing an accession worker card etc
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Unauthorised employment of accession State national – employer offence
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Unauthorised working by accession State national – employee offence
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Deception – employee offence
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Offences under regulations 13 and 14 – search, entry and arrest
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SCHEDULE 1 — Authorised categories of employment and relevant requirements
| Authorised category of employment | Relevant requirements in relation to authorised category of employment |
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| Authorised categories of employment requiring a letter of approval under the work permit arrangements | Authorised categories of employment requiring a letter of approval under the work permit arrangements |
| In this Schedule— “au pair placement” means an arrangement whereby a young person— comes to the United Kingdom for the purpose of learning English; lives for a time as a member of an English speaking family with appropriate opportunities for study; and helps in the home for a maximum of 5 hours per day in return for an allowance and with two free days per week; “letter of approval under the work permit arrangements” means a letter issued by the Secretary of State under the work permit arrangements stating that employment by the employer specified in the letter of the person so specified for the type of employment so specified satisfies the labour market criteria set out in those arrangements; “member of a religious order” means a person who lives in a community run by that order; “minister of religion” means a religious functionary whose main regular duties comprise the leading of a congregation in performing the rites and rituals of the faith and in preaching the essentials of the creed; “missionary” means a person who is directly engaged in spreading a religious doctrine and whose work is not in essence administrative or clerical; “Sectors Based Scheme” means the scheme established by the Secretary of State for the purpose of paragraph 135I(i)[^f00025] of the immigration rules (requirements for leave to enter the United Kingdom for the purpose of employment under the Sectors Based Scheme); “Training and Work Experience Scheme” means the scheme established by the Secretary of State for the purpose of paragraph 116(i) of the immigration rules (requirement for leave to enter the United Kingdom for approved training or work experience); “work permit arrangements” means the arrangements published by the Secretary of State [^f00026] setting out the labour market criteria to be applied for the purpose of issuing the work permits referred to in paragraphs 116(i) (Training and Work Experience Scheme) and 128(i) of the immigration rules and the immigration employment document referred to in paragraph 135I(i) (Sectors Based Scheme) of the immigration rules; “work permit employment” means a category of employment covered by the work permit arrangements, other than employment covered by the Sectors Based Scheme and the Training and Work Experience Scheme. | In this Schedule— “au pair placement” means an arrangement whereby a young person— comes to the United Kingdom for the purpose of learning English; lives for a time as a member of an English speaking family with appropriate opportunities for study; and helps in the home for a maximum of 5 hours per day in return for an allowance and with two free days per week; “letter of approval under the work permit arrangements” means a letter issued by the Secretary of State under the work permit arrangements stating that employment by the employer specified in the letter of the person so specified for the type of employment so specified satisfies the labour market criteria set out in those arrangements; “member of a religious order” means a person who lives in a community run by that order; “minister of religion” means a religious functionary whose main regular duties comprise the leading of a congregation in performing the rites and rituals of the faith and in preaching the essentials of the creed; “missionary” means a person who is directly engaged in spreading a religious doctrine and whose work is not in essence administrative or clerical; “Sectors Based Scheme” means the scheme established by the Secretary of State for the purpose of paragraph 135I(i)[^f00025] of the immigration rules (requirements for leave to enter the United Kingdom for the purpose of employment under the Sectors Based Scheme); “Training and Work Experience Scheme” means the scheme established by the Secretary of State for the purpose of paragraph 116(i) of the immigration rules (requirement for leave to enter the United Kingdom for approved training or work experience); “work permit arrangements” means the arrangements published by the Secretary of State [^f00026] setting out the labour market criteria to be applied for the purpose of issuing the work permits referred to in paragraphs 116(i) (Training and Work Experience Scheme) and 128(i) of the immigration rules and the immigration employment document referred to in paragraph 135I(i) (Sectors Based Scheme) of the immigration rules; “work permit employment” means a category of employment covered by the work permit arrangements, other than employment covered by the Sectors Based Scheme and the Training and Work Experience Scheme. |
| Employment under the Sectors Based Scheme | The applicant— holds a letter of approval under the work permit arrangements issued under the Sectors-Based Scheme; and is capable of undertaking the employment specified in that letter. |
| Training or work experience | The applicant— holds a letter of approval under the work permit arrangements issued under the Training and Work Experience Scheme; and is capable of undertaking the training or work experience as specified in that letter. |
| Work permit employment | The applicant— holds a letter of approval under the work permit arrangements issued in relation to work permit employment; and is capable of undertaking the employment specified in that letter. |
| Other authorised categories of employment | Other authorised categories of employment |
| Airport based operational ground staff of an overseas air line | The applicant has been transferred to the United Kingdom by an overseas-owned airline operating services to and from the United Kingdom to take up duty at an international airport as station manager, security manager or technical manager. |
| Au pair placement | The applicant – has and intends to take up an offer of an au pair placement; is aged between 17 to 27 inclusive; is unmarried and is not in a civil partnership; and is without dependants. |
| Domestic worker in a private household | The applicant— is over 18; has been employed for at least a year outside the United Kingdom as a domestic worker under the same roof as his employer or in a household that the employer uses for himself on a regular basis; and intends to be so employed by that employer in the United Kingdom. |
| Minister of religion, missionary or member of a religious order | The applicant— if a minister of religion— has either been working for at least one year as a minister of religion in any of the five years immediately prior to the date on which the application for the worker accession card is made or, where ordination is prescribed by a religious faith as the sole means of entering the ministry, has been ordained as a minister of religion following at least one year’s full time or two years’ part time training for the ministry; and holds an International English Language Testing System Certificate issued to him to certify that he has achieved level 4 competence in spoken English, and the Certificate is dated not more than two years prior to the date on which the application for an accession worker card is made; if a missionary, has been trained as a missionary or has worked as a missionary and is being sent or has been sent to the United Kingdom by an overseas organisation; if a member of a religious order, is living or coming to live in a community maintained by the religious order of which he is a member and, if intending to teach, does not intend to do so save at an establishment maintained by his order; and intends to work in the United Kingdom as a minister of religion, missionary or for the religious order of which he is a member. |
| Overseas government employment | The applicant intends to work in the United Kingdom for an overseas government or the United Nations or other international organisation of which the United Kingdom is a member. |
| Postgraduate doctors, dentists and trainee general practitioners | The applicant— is a graduate from a medical or dental school who is eligible for provisional or limited registration with the General Medical Council or General Dental Council and intends to work in the United Kingdom as a doctor or dentist as part of his training; or is a doctor, dentist or trainee general practitioner eligible for full or limited registration with the General Medical Council or the General Dental Council and intends to work in the United Kingdom as part of his postgraduate training or general practitioner training in a hospital or the Community Health Services. |
| Private servant in a diplomatic household | The applicant— is over 18; and intends to work in the United Kingdom as a private servant in the household of a member of staff of a diplomatic or consular mission who enjoys diplomatic privileges and immunity within the meaning of the Vienna Convention on Diplomatic Relations[^f00024]. |
| Representative of an overseas newspaper, news agency or broadcasting organisation | The applicant has been engaged by an overseas newspaper, news agency or broadcasting organisation outside the United Kingdom and is being posted to the United Kingdom by that newspaper, agency or organisation to act as its representative. |
| Sole representative | The applicant— has been employed outside the United Kingdom as a representative of a firm that has its headquarters and principal place of business outside the United Kingdom and has no branch, subsidiary or other representative in the United Kingdom; intends to work as a senior employee with full authority to take operational decisions on behalf of the overseas firm for the purpose of representing it in the United Kingdom by establishing and operating a registered branch or wholly owned subsidiary of that overseas firm; and is not a majority shareholder in that overseas firm. |
| Teacher or language assistant | The applicant intends to work at an educational establishment in the United Kingdom under an exchange scheme approved by the Department for Education and Skills, the Scottish or Welsh Office of Education or the Department of Education, Northern Ireland, or administered by the British Council’s Education and Training Group. |
| Overseas qualified nurses | The applicant— has obtained confirmation from the Nursing and Midwifery Council that he is eligible for admission to the Overseas Nurses Programme; and has been offered and intends to take up a supervised practice placement through an education provider that is recognised by the Nursing and Midwifery Council or a midwifery adaptation programme placement in a setting approved by that Counci |
SCHEDULE 2 — Consequential amendments
The Accession (Immigration and Worker Registration) Regulations 2004
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The 2006 Regulations
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Signed
Liam Byrne — Minister of State — 2006-12-13
Explanatory note
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Footnotes
[^f00001]: S.I. 2000/1813 and S.I. 2004/706.
[^f00002]: 1972 c.68.
[^f00003]: 2006 c.2.
[^f00004]: 1971 c.77.
[^f00005]: S.I. 2006/1003.
[^f00006]: “Civil partner” has the meaning given by Schedule 1 to the Interpretation Act 1978 (c.30), as amended by paragraph 59 of Schedule 27 to the Civil Partnership Act 2004 (c.33).
[^f00007]: Immigration Rules H.C. 395, laid before Parliament on 23 May 1994 (as amended).
[^f00008]: OJ No. C325, 24.12.02, p.51.
[^f00009]: S.I. 2000/2326; amended by S.I. 2001/865, S.I. 2003/549, S.I. 2003/3188, S.I.2005/47 and S.I. 2005/671.
[^f00010]: O.J. L 018, 21.1.1997, p.1 (the full title of the Directive is Council Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services).
[^f00011]: Section 33(2A) was inserted by paragraph 7(b) of Schedule 4 to the British Nationality Act 1981 (c. 61).
[^f00012]: Paragraph 135A(i) was inserted by immigration rules changes on 1st April 2003 (HC 538). The specified criteria are published by Work Permits UK, part of the Home Office, and are available on the Home Office website (www.workingintheuk.gov.uk).
[^f00013]: Details of the Science and Engineering Graduates Scheme are available on the Home Office website (www.workingintheuk.gov.uk).
[^f00014]: The Register of Education and Training Providers is maintained by, and is available on the website of, the Department for Education and Skills (www.dfes.gov.uk/providersregister).
[^f00015]: O.J. L 257, 19.10.1968, p.2.
[^f00016]: OJ L 158, 30.4.2004, p.77 (the full title of the Directive is Council Directive 2004/38/EC of the European Parliament and the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member States amending Regulation (EEC) No. 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 75/34/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC).
[^f00017]: 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.
[^f00018]: 1999 c. 33; section 63 of the 1999 Act was repealed by Schedule 9 to the Nationality, Immigration and Asylum Act 2002 but continues to have effect in relation to appeals made before 1st April 2003.
[^f00019]: 2002 c. 41.
[^f00020]: Section 28B was inserted by section 129 of the Immigration and Asylum Act 1999 (c.33) and section 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).
[^f00021]: Sections 28E, 28G and 28 H were inserted by sections 132, 134 and 135 of the Immigration and Asylum Act 1999(c.33) respectively.
[^f00022]: Section 28AA was inserted by section 152 of the Nationality, Immigration and Asylum Act 2002 (c. 41).
[^f00023]: Section 28A was inserted by section 128 of the Immigration and Asylum Act 1999 (c.33) and amended by sections 144 and 150 of the Nationality, Immigration and Asylum Act 2002 (c.41); sections 28CA and 28FA were inserted by sections153 and 154 of the Nationality, Immigration and Asylum Act 2002 respectively.
[^f00024]: Cmnd. 2565.
[^f00025]: Paragraph 135I was inserted by immigration rules changes on 30th May 2003 (Cm 5829).
[^f00026]: These arrangements are published by Work Permits UK, part of the Home Office, and are available on the Home Office website (www.workingintheuk.gov.uk).
[^f00027]: S.I. 2004/1219; the relevant amending instruments are S.I. 2004/1236 and S.I. 2006/1003.
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The Accession (Immigration and Worker Registration) Regulations 2004
The 2006 Regulations
Editorial notes
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