The Accession (Worker Authorisation and Worker Registration) (Amendment) Regulations 2007

Made: 23rd October 2007

Laid before Parliament: 25th October 2007

Coming into force: 19th November 2007

The Secretary of State, being a Minister designated for the purpose 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 upon him by that section, makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Accession (Worker Authorisation and Worker Registration) (Amendment) Regulations 2007 and shall come into force on 19th November 2007.

• (2) In these Regulations “2006 Accession Regulations” means the Accession (Immigration and Worker Authorisation) Regulations 2006 .

Amendment of the 2006 Accession Regulations

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• (1) The 2006 Accession Regulations are amended as follows.

• (2) In regulation 2 (“Accession State national subject to worker authorisation”) —

• (a) after paragraph (6) insert the following paragraph—

(6A) A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a member of a mission or other person mentioned in section 8(3) of the 1971 Act (member of a diplomatic mission, the family member of such a person, or a person otherwise entitled to diplomatic immunity), other than a person who, under section 8(3A) of that Act, does not count as a member of a mission for the purposes of section 8(3).

• (b) for paragraph (8) substitute—

(8) A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is a family member of — (a) an EEA national who has a right to reside in the United Kingdom under the 2006 Regulations, other than — (i) an accession State national subject to worker authorisation; or (ii) a person who is not an accession State national subject to worker authorisation solely by virtue of being the family member of a person mentioned in sub-paragraph (b); or (b) an accession State national subject to worker authorisation who has a right to reside under regulation 14(1) of the 2006 Regulations by virtue of being a self-employed person, a self-sufficient person or a student falling within sub-paragraph (c), (d) or (e) of regulation 6(1) of those Regulations (“qualified person”).

• (c) in paragraph (12)(a), insert the following paragraph after sub-paragraph (i)—

(ia) he was exempt from the provisions of the 1971 Act by virtue of section 8(3) of that Act; or

• (3) In regulation 3 (authorised family member), for paragraph (1) substitute —

(1) A person is an authorised family member for the purposes of these Regulations if he is the family member of an accession State national subject to worker authorisation who has a right to reside in the United Kingdom under regulation 14(1) of the 2006 Regulations as a worker, unless— (a) that worker is only authorised to work under these Regulations by virtue of holding an accession worker card issued in accordance with regulation 11 pursuant to an application as an authorised family member; or (b) that worker is working as an au pair, a seasonal agricultural worker or under the Sectors Based Scheme.

• (4) In regulation 4 (“highly skilled person”), for sub-paragraphs (i) and (ii) in paragraph (1)(b) substitute—

(i) a Higher National Diploma awarded by a relevant institution in Scotland; or (ii) a degree, postgraduate certificate or postgraduate diploma awarded by a relevant institution in the United Kingdom.

Amendment of the Accession (Immigration and Worker Registration) Regulations 2004

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Transitional provision

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Regulation 3(1) of the 2006 Accession Regulations (authorised family member), as in force immediately before the date on which these Regulations come into force, shall continue to apply for the purpose of determining an application made in accordance with regulation 10 of the 2006 Accession Regulations (application for an accession worker card) before that date by a person who was an authorised family member under regulation 3(1), as then in force, when the application was made.

Signed

Liam Byrne — Minister of State — 23rd October 2007

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]: S.I. 2006/3317, amended by S.I. 2007/475.

[^f00004]: S.I. 2004/1219; the relevant amending instruments are S.I. 2006/3317 and S.I. 2007/475.

Editorial notes

[^c1895364]: S.I. 2000/1813 and S.I. 2004/706.

[^c1895365]: 1972 c. 68.

[^c1895366]: S.I. 2006/3317, amended by S.I. 2007/475.

[^key-e9923b137095d29ccfa905067bd9e7ab]: Reg. 3 revoked (1.5.2011) by The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (S.I. 2011/544), regs. 1(1), 4, Sch. 1