Ensuring your workers are eligible to work in the UK

Employees from the European Economic Area

EEA nationals are free to live and work in the UK, but they must produce a document showing their nationality. This may be either:

• a passport or national identity card issued by a country signed up either to the EEA Agreement, or other agreements related to the Communities Treaties
• a residence permit issued by the Home Office, confirming their right to reside and work here

These are in the single list of documents (List 1) and will provide you with a defence if checked and copied by you.

As of 1 May 2004 nationals of Latvia, Slovakia, the Czech Republic, Lithuania, Slovenia, Estonia, Hungary and Poland can live and work in the UK. These countries are referred to as the "A8 countries".

However, the government's Worker Registration Scheme (WRS) monitors the participation of nationals of these new EU countries in the UK labour market. Download guidance for employers on preventing illegal working in the UK from the Home Office website (PDF).

If you employ an A8 worker, it is their responsibility to apply to register with the Home Office as soon as they begin working, or within one month of starting work for you. They will need to provide evidence of their employment (letter or contract) as part of the application.

You should take a copy of worker's completed registration 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 who is not exempt.

If you employ an unregistered national from one of these eight countries for more than 30 days without retaining a copy of their application form, or their certificate of registration, you may commit a criminal offence under new regulations. In the unlikely event that the Home Office sends you notice of its refusal to register your worker, you should immediately stop employing that person.

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

Failure to follow these procedures could mean a maximum penalty of £5,000. Similarly, if your employee's application has been refused and you continue to employ them, you may be committing an offence.

Subjects covered in this guide

• Introduction
• Check entitlement to work in the UK
• When to check documents and how long to keep them
• Who doesn't need permission to work?
• Understand the work permit scheme
• Check if an applicant qualifies for a work permit
• How to apply for a work permit
• Extend or change existing work permits
• Employees from the European Economic Area

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