The current requirement for Croatian nationals who are working in the UK is to obtain a Registration Certificate prior to commencing employment within the UK. This will expire on 30 June 2018 to bring their rights into line with the rights of other European Union nationals in the UK.
When Croatia joined the European Union in 2013, member states (including the UK) restricted the right of access of Croatian nationals to the European Union market. Today the restriction is still in place and unless an exemption applies, Croatian nationals who want to be employed in the UK must consider whether they are required to hold a Registration Certificate before starting work in the UK.
The restrictions on entry to member states’ labour markets were implemented under the provisions of the Accession Treaty for Croatia, when Croatia joined the European Union. This could initially be applied for 5 years with the possibility of extending it for a further 2 years, if certain requirements were satisfied. Therefore, the maximum time that the restriction could operate would be 7 years.
The restriction could only be extended for a further 2-year period, if it were considered necessary to protect the member states’ labour markets from serious economic disturbance.
The restrictive provisions were always a temporary restriction and on review of the evidence, the UK authorities have found that the economic case for an extension could not be made.
The Minister of State for Immigration, Caroline Nokes, made the announcement in a written ministerial statement to Parliament on 19 March 2018 and stated that “the decision not to extend the restrictions will mean that Croatian citizens will be able to seek and obtain employment in the UK on the same basis as currently enjoyed by all other European Union citizens.”
However, it is important to be aware that until these provisions have formally been implemented, Croatian nationals who seek to work in the UK must ensure that they comply with the relevant Home Office rules and, if required, obtain the correct certificate before starting work.
The rules on Croatian nationals working within the UK can be confusing. Gherson can advise on the type of certificate that you may need and can assist you with these applications. Please do not hesitate to contact us.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2018