Croatia will become a member of the European Union on 1 July 2013. After 1 July, Croatian nationals will no longer be subject to immigration control and will have an unrestricted right to enter and reside (but not to work) in the UK for up to 3 months. But under the terms of the Treaty of Accession of Croatia, the UK is introducing restrictions. The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 will mean that for an initial period of five years from 1 July, the employment of Croatian nationals in the UK will be prohibited unless they come within one of the exemptions in Regulation 2 (e.g. those who already have permission to work in the UK) or they are authorised to work under the terms of a worker authorisation scheme set out in Regulations 8, 9 and 10. A penalty notice of up to £5,000 can be issued where an employer employs an accession State national subject to worker authorisation in breach of the Regulations. However, other than where the employer knew that the employment was in breach of the Regulations, they have a defence if they have had one of the specified identification documents produced to them and they have retained a copy. An employer who knowingly employs a person in breach of the Regulations commits a criminal offence punishable by up to 51 weeks in prison and/or a fine of up to £5,000.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
