Croatian nationals who wish to reside in the United Kingdom exercising EU Treaty rights as self-employed, students or self-sufficient individuals are able to do so without restriction. They are not required to hold any documentation but as noted below they may wish to consider obtaining a certificate to demonstrate their status.
However, Croatian nationals who want to be employed in the United Kingdom must consider whether they are required to hold a registration certificate and if so must obtain the correct documentation before starting work.
The Home Office issues certificates in three colours – Yellow, Blue and Purple.
Yellow Registration Certificates
Yellow registration certificates are issued to Croatian nationals who are exercising Treaty rights in the UK as students, self-employed or self-sufficient individuals. Whilst this type of certificate is not mandatory to obtain, it is useful to have as proof of your status in the United Kingdom.
It is important to note that, whilst it is not mandatory to hold a Yellow registration certificate to study, students wishing to work part-time during their studies must obtain a Yellow registration certificate in order to start employment.
Croatian students holding a Yellow registration certificate will only be permitted to work a maximum of 20 hours a week during term-time unless they are enrolled on a vocational course and a work placement is a mandatory part of that course.
Self-employed Croatian nationals do not require a Yellow registration certificate to work on a self-employed basis in the United Kingdom in but should consider obtaining one in order to prove their right to be self-employed in the UK if challenged. Therefore, students and self-sufficient Croatian nationals may also wish to consider obtaining a Yellow certificate.
Blue Registration Certificates
Blue registration certificates are issued to Croatian nationals who are either highly skilled or fall within one of the exempt categories.
Applicants may be able to work on an unrestricted basis (and therefore eligible for a Blue certificate), in a variety of different circumstances, for example:
- If you are highly skilled (as defined by the Home Office);
- If you have been working in the UK with permission for a continuous period of 12 months ending on or after 30 June 2013;
- If you work for an EU company which doesn’t usually operate in the UK (you’re a ‘posted worker’);
- If you have permanent residence or you have dual nationality including another European Economic Area (EEA) country;
- If you are a spouse, civil partner or unmarried partner of a British citizen or someone with indefinite leave to remain; or
- If you are the partner, child or dependent relative of an EEA citizen (other than a Croatian) or of a person settled in the UK.
It should be noted that the above list is not exhaustive – any Croatian national who wishes to work in the UK should seek advice as to whether they fall into a category that will enable them to obtain a Blue registration certificate as this will provide them with full unrestricted access to the United Kingdom job’s market.
Croatian nationals who are classed as “highly skilled” are required to hold a Blue certificate to demonstrate their status as such.
Purple Registration Certificate
Purple registration certificates are issued to Croatian nationals who cannot qualify for a Yellow or Blue certificate and who wish to be employed in the United Kingdom.
Any Croatian national who wishes to be employed in the United Kingdom (other than students holding Yellow certificates or those eligible for a Blue certificate) must obtain a Purple certificate before starting work.
Much like a Tier 2 work visa, the prospective employer must be on the list of registered sponsors and must provide the prospective employee with their sponsor licence number before they can submit an application for the Purple registration certificate.
How We Can Help
Any Croatian national who is seeking to work in the United Kingdom must ensure that they comply with the relevant Home Office rules and, if required, obtain the correct certificate before starting work.
The Home Office guidance in respect of Croatian nationals is sometimes confusing. Gherson can advise on the type of certificate you may need and can assist you with the application.
Please do not hesitate to contact us to arrange a meeting and explore your options further.
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