Can an A8 national who was accepted as self employed for over a year then become employed and be exempt from the requirement to register and work for one year in registered employment?

I ask this as client's daughter ( Lithuanian ) aged 16 has left school and applied for JSA under the hardship provisions - refused due to R2R. She can only have R2R as a family member - no permanent right as can only count from 2004. Mum and daughter in UK since 1996 as asylum seekers - appears claim failed but her immigration solicitors lodged application for leave to remain somehow so that she was still in UK at time of accession. Was self employed May 2004 to July 2007, then working continuously - did not register employment as told did not need to ( by Home Office ), presumably as she was in UK at time of accession.

Thanks!

As I understand it, there is no need to register for A8 nationals who in May 2004 either
- were already in the UK on terms that did not restrict their employment, or
- had been legally working for at least 12 months continuously, or
- had worked legally in the UK for a period wholly or partly after 30.4.2004. This means as an employee of an authorised employer under the WRS.

There is no reference in the regulations to the effects of self employment.

Thanks Ariadne. I will check with my client's former immigration lawyer as to whether there were any restrictions on her taking employment whilst she was in the UK prior to May 2004.

But what about this point - she was self employed for at least 3 years after May 2004. She then becomes employed, and is working to date ( some 16 months ). She doesn't register the employment ( she is told she doesn't have to by the Home Office ).

If she had claimed JSA after self employment, she would have been entitled under Art 7 2004/38, even as an A8, and would have retained self employed status. So if she was required to register but did not, how could she be in a worse position by working?

Hi... have a similar case where HB are refusing to pay because work in not registered.... despite him being self employed for since 2004.... where about does it actually say they do not have to register ?

It doesn't. It says you can only work as an employee for an authorised employer, and you make your employer authorised by applying within a month os starting employment. The workers registration schme has nothing to do tiwht the self employed. Its purpose was to protect the labour market form floods of A8 workers, not to stop people coming over here and setting up as self-employed.