Ensuring your workers are eligible to work in the UK

Employing workers from EEA countries in Eastern Europe

European Economic Area (EEA) and Swiss nationals are free to live and work in the UK - see the page in this guide on those who don't need permission to work in the UK, or find a list of EEA countries at the UK Border Agency website - Opens in a new window.

However, workers from certain Eastern European countries that are members of the EEA may need to get authorisation from the UK Border Agency to work in the UK legally. These are listed below.

Note that - regardless of a potential worker's claimed or apparent nationality - you must still check that they have the right to work in the UK. See the page in this guide on checking a prospective worker's entitlement to work in the UK.

The Worker Registration Scheme

Nationals of Latvia, Slovakia, the Czech Republic, Lithuania, Slovenia, Estonia, Hungary and Poland - known as the 'A8 countries' - can live and work in the UK.

However, nationals of A8 countries must register with the UK Border Agency under the Worker Registration Scheme (WRS) within one month of starting work for you.

Note that some A8 nationals are exempt from WRS registration, eg because:

• they came to the UK before the WRS started, ie before 1 May 2004
• they have already worked in the UK for 12 months without a break

If a worker claims to be exempt, you must still ask for, copy and retain documentary proof of this, eg a registration certificate. A8 nationals can apply for such a certificate once they have worked in the UK for more than 12 months. The certificates are proof of their right to reside and work in the UK without restriction.

To apply for registration under the WRS the worker will need to provide evidence of their employment (letter or contract) as part of the application and a £90 fee, unless they already have a registration certificate.

You should take a copy of the worker's completed application form and keep this until you receive official notification confirming that the worker has been registered. This copy will provide you with a defence from conviction for employing an unregistered worker from the A8 countries.

If you employ a non-exempt, unregistered national from one of the A8 countries for more than 30 days without retaining a copy of their application form, or their registration certificate, you could be committing a criminal offence.

In the unlikely event that the UK Border Agency sends you notice of its refusal to register your worker, you should immediately stop employing that person, unless they otherwise have an entitlement to undertake the work in the UK.

Once registered, the UK Border Agency will provide both the worker and you with a copy of a registration certificate. It's the responsibility of the worker to register but it's your responsibility to check they have done so, by copying their application form, and keeping your copy of their certificate.

If you fail to follow these procedures, you could face a maximum penalty of £5,000. Similarly, if the worker's application has been refused and you continue to employ them, you may be committing an offence.

Find out more about the WRS on the UK Border Agency website - Opens in a new window.

Bulgarian and Romanian nationals

Although Bulgarian or Romanian nationals ('A2 nationals') are free to come to the UK, they can only work for you once you have a work permit for the job in question (if required).

Find out about work permits for Bulgarian and Romanian nationals on the UK Border Agency website - Opens in a new window.

In addition, the A2 national must either hold a valid accession worker authorisation document - a card or certificate setting out any conditions on their employment - from the UK Border Agency, or be exempt from authorisation.

If the A2 national holds a valid worker authorisation document, you must ask for, check and copy it before they start working for you.

If the A2 national is exempt from authorisation, you must ask for, check and copy documentary proof of their exemption, eg a registration certificate issued by the UK Border Agency that states they have unconditional access to the UK labour market.

Find out more about work authorisation for Bulgarian and Romanian nationals on the UK Border Agency website - Opens in a new window.

Subjects covered in this guide

• Introduction
• Checking a prospective worker's entitlement to work in the UK
• Those who don't need permission to work in the UK
• Employing those who need permission to work in the UK
• Employing workers from EEA countries in Eastern Europe
• Compliance checks and penalties for immigration offences
• Here's how migrant workers contribute to our workforce
• Here's how we check the entitlement of our staff to work in the UK
• Here's how we support our migrant workers

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