A8, A2 and Croatian nationals
The Treaties of Accession by which new countries join the EU allowed existing member states under EC law to place restrictions on some EC Treaty rights for nationals of these countries.
There was no restriction on entering the UK; the aim was to limit access to labour markets, and the effect also limited entitlement to state support including housing and homelessness assistance. These transitional restrictions lasted up to five years. They applied to most, but not all nationals of the A8 and A2 accession states that joined the EU in 2004 and 2007 and similar restrictions applied to Croatian nationals who joined the EU on 1 July 2013
All of these restrictions have now ended. The right to reside of these nationals are the same as for other EEA Nationals.
Please see the section on Rights of EEA Nationals in Scotland.
A8 nationals
The A8 states are Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia.
The restrictions imposed on A8 nationals by the Worker Registration Scheme were originally due to expire on 30 April 2009 but were extended by the Accession (Immigration and Worker Registration) (Amendment) Regulations 2009 SI 2009/892 until 30 April 2011. After the restrictions ended, [1] A8 nationals had the same rights of residence as other EEA nationals.
The Supreme Court has confirmed that the extension of the A8 Worker Registration Scheme was unlawful and that the 2009 Regulations should be disapplied. [2] Periods of unregistered employment of A8 nationals from 1 May 2009 can be taken into consideration when determining whether they have retained worker status and/or acquired a permanent right to reside.
A2 nationals
The A2 states are Bulgaria and Romania, which joined the EU in January 2007.
Under the Worker Authorisation Scheme, an A2 worker subject to worker authorisation only had a right to reside in the UK during the first year of employment if that employment was authorised during the period of accession. [3]
The accession period ended on 31 December 2013. [4] After this date, A2 nationals had the same rights as other EEA nationals.
Croatian nationals
The Republic of Croatia joined the EU on 1 July 2013.
During the five years' accession period running up to 30 June 2018, Croatian nationals were subject to worker authorisation and had right to reside only if they held a valid worker authorisation document, or were exempt. [5]
The UK government decided not to extend the worker authorisation scheme beyond 30 June 2018, and Croatian national will have the same rights of residence as other EEA nationals from 1 July 2018. [6]
Last updated: 19 January 2021