The accession period for A8 nationals is 30/04/04 to 30/04/09. Therefore, from 1 May 2009, all those who come to the UK from A8 states will no longer be required to register their work in order to be considered a worker, etc.

With this in mind, I've been patiently waiting for some information about this, either from the big advice orgs (CPAG, etc) or from the Government. So far, I don't remember seeing anything and will take that to mean that the accession period really is ending! Yay!!!

Anyway, assuming that to be the case, might I be correct in assuming that my client can claim ESA on 1 May? She is a Polish national who's been living and working in the UK since 2006. She has made no applications to the worker registration scheme and now that she is off work through an accident, and homeless, she cannot apply for benefits or housing as there is clearly no right to reside (she is not entitled to SSP).

On 1 May however, my feeling is that she can apply for ESA becuase, as a 'former worker' (see below) she retains her worker status as someone who is temporary unable to work due to illness.

The big question is: does she actually have a 'former worker' status to maintain since she has not completed 12 months registered employment? Or to put it another way, is anyone aware of any transitional issues like this that will affect clients, or can we simply pretend, in this type of case, that the worker registration scheme and special rules for A8 nationals just never existed?

Any ideas?

Because of the recession there has been talk about renewing the restrictions on A8/A2 nationals taking employment but I don't know where it's got to. This would be Borders Agency not DWP responsibility.

I expect Shawn would know if there have been any announcements?

Yes, the acccession period ends on 31 March 2009. As the legislation stands, the WRS requirements end and A8 nationals have the same rights as other EEA nationals. They gain worker status (and so the right to reside) by working, without the added requirement that their work be registered. (For A2 nationals - Bulgaria & Romania -it's significantly different)

There has been no indication of any extension of the WRS. In Scotland, I've asked the Relocation Advisory Service (Scottish Govt agency) but they are as much in the dark as everyone else, and speaking personally they more or less agreed with the following:

To apply for an extension of any transitional measures restricting A8 nationals access to their domestic labour market, an EU member state would have to apply and demonstrate very clearly that removing their restrictions would have a serious detrimental effect on their labour market. But the UK never introduced any restrictions on access.

The WRS was not introduced as a restriction to the labour market (rather, a "light touch" monitoring mechanism), so I don't see how it could be argued that keeping or removing it would have any effect on the labour market whatsoever. (Already most A8 migrants don't even bother registering, so it doesn't even monitor effectively.)

You could argue that removing the WRS system would have an effect on the UK benefits system, but the EU transitional opt-out only refers to effects on the labour market. I can't see how the UK govt would be able to introduce new discriminatory rules excluding certain EEA nationals from access to social assistance after their 5 year accession period.

Although of course we may be wrong. The Home Office moves in mysterious ways, and has demonstrated scant regard for such trivialities as the European Convention on Human Rights in the past.

However, to your Big Question. I'm not so sure that your client will have former worker status. I think it can be easily argued that she has never had worker status. But that doesn't necessarily mean she will not be able to access some kind of benefit from another route, does it? She may well be able to demonstrate that she has been in the UK for the purposes of work since 2006, so a claim for assistance made after 31 March may not rely solely on former worker status.

Er...so not really answering your question. Sorry.

Oh yes, and as a worker has 28 days in which to register, after 2 April 2009 there would be no need. Unless there is some kind of announcement in the next couple of weeks.

For my sins I set about going through the accession treaty recently and there's a caveat that in times of disruption to the domestic labour market the derogations could be extended on application to the Commission so... I'm not holding my breath.

Although I'm at home I think it was article 51, certainly one of the fifties.

That's true, but the UK didn't exercise any derogation. Along with Ireland and Sweden, UK allowed A8 nationals unfettered access to the labour market. The "light touch" monitoring system is not meant to be a fetter.

So, I suppose they could extend the WRS without applying to the EC? Just chuck out a wee Statutory Instrument.

Wait and see, I suppose.

in the lords yesterday ...

'No decision has yet been taken on whether to continue the Worker Registration Scheme beyond the end of April 2009.'

hansard link

'The Migration Advisory Committee (MAC) is pleased that the Government has today decided to accept its advice and maintain the Worker Registration Scheme (WRS) for a further two years ...'

http://nds.coi.gov.uk/Content/Detail.asp?ReleaseID=398233&NewsAreaID=2

http://nds.coi.gov.uk/Content/Detail.asp?ReleaseID=398230&NewsAreaID=2

The WRS is a derogation which effectively restricts access to the labour market and has always been understood as such. Without a provision allowing derogation it would be unlawful under European law to attach this sort of condition to it.

People often forget that for an employer to employ someone to whom the WRS rules apply without them being registered is actually an offence.

I find the government's dual press releases interesting.
http://www.ukba.homeoffice.gov.uk/newsandmedia/news

One has the "independent" Migration Advisory Committee describing the WRS as a scheme to "register A8 nationals who are allowed to come and work in the UK. This allows the Government to collect information on those who come to live and work here"

The other describes "Strict working restrictions...which limit Eastern Europeans' access to benefits" before going on to mention, for some reason, deporting European criminals (another subject, surely?), and finishes with a flourish by stating that: "anyone from Europe who is not playing by the rules will not be allowed to stay". Whatever that means.

So, is the WRS a "light touch" monitoring mechanism, or "strict working restrictions" for potential Eastern European criminals?

Theres more on this stuff here http://www.migrantinfosource.org.uk

The fines can be pretty brutal £5k for the employer £1K for the individual. Not sure whether liability is strict though.