Law
Table of contents
Directive 2004/38/EC
Directive 2004/38/EC of the European Parliament and of 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 explains the rights of EU citizens. It is implemented in the UK through the EEA Regulations.
EEA Regulations
The Immigration (European Economic Area) Regulations 2006 aim to implement in the UK the provisions of Directive 2004/38/EC. Where there is a conflict between the provisions of the Directive and these Regulations, the Directive takes precedence. Home Office caseworkers also follow European Casework Instructions when deciding whether to issue registration certificates and residence cards.
Worker Registration Scheme Regulations
The Accession (Immigration and Worker Registration) Regulations 2004 set out the terms of the Worker Registration Scheme for nationals of
- Czech Republic
- Estonia
- Hungary
- Latvia
- Lithuania
- Poland
- Slovakia
- Slovenia
These regulations have been amended by
The Accession (Immigration and Worker Registration) (Amendment) Regulations 2005
The Accession (Immigration and Worker Registration) (Amendment) Regulations 2007.
Worker Authorisation Scheme Regulations
The Accession (Immigration and Worker Authorisation) Regulations 2006 set out the terms of the Worker Authorisation Scheme for nationals of
- Bulgaria
- Romania
These regulations have been amended by
The Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2007.
If you applied for a registration certificate as a student before 16 March 2007, when these amending regulations came into force, your certificate will confirm only that you can work for up to 20 hours per week. If you have such a certificate, you should be treated in the same way as a student who holds a certificate issued on or after 16 March, that is, you can work more than 20 hours a week on work placements and during your vacation periods. The explanatory note at the end of these regulations explains that the Home Office originally failed to implement EC law correctly. It might be useful if you need to explain this to an employer.