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Employing EEA nationals

 

This page explains the procedures for employers when employing nationals from the European Economic Area (EEA).

Nationals from EEA countries and Switzerland can enter the UK without any restrictions. Employers should not, however, employ any individual on the basis of his or her claim to be a national from an EEA country, as not all EEA nationals can work in the UK without restrictions.

You should ask nationals from all EEA countries and Switzerland to produce a document showing their nationality. The legitimate documents are shown in List A.

EEA nationals who can work in the UK without restriction:

  • Austria *
  • Italy *
  • Belgium *
  • Liechtenstein
  • Cyprus*
  • Luxembourg *
  • Denmark *
  • Malta*
  • Finland *
  • Netherlands *
  • France *
  • Norway
  • Germany *
  • Portugal*
  • Greece *
  • Spain *
  • Iceland
  • Sweden *
  • Ireland *
  • UK*

Since 1 June 2002, nationals from Switzerland and their family members have also had the same free movement and employment rights as EEA nationals.

Nationals from these EEA countries can enter and work freely in the UK without restriction. Their immediate family members are also able to work freely in the UK while their adult EEA family member is legally residing and working here. However, employers should still check their documents to demonstrate this entitlement.

*Those countries marked with a star are also members of the European Union.

Accession state workers

On 1 May 2004, ten new countries joined the European Union and became part of the EEA. Nationals from these countries are also free to come to the UK to live and seek work here.

In 2004, the Government established a Worker Registration Scheme to monitor the participation of workers from eight of these countries in the UK labour market, as follows:

  • Czech Republic
  • Lithuania
  • Estonia
  • Poland
  • Hungary
  • Slovakia
  • Latvia
  • Slovenia

Workers from these countries are often referred to as 'Accession state workers.' These countries are referred to as 'A8 countries'

Although employers are not legally required to conduct these checks, we recommend that employers make sure a person from one of the A8 countries who starts working for you registers with the UK Border Agency within one month of starting work, unless they are exempt from the requirement to do so. Exemptions from the scheme are set out in the comprehensive guidance for employers.

Bulgaria and Romania - newer members of the European Union and EEA

On 1 January 2007, Bulgaria and Romania joined the European Union and also became part of the EEA. These countries are referred to as 'A2 countries'.

A2 workers are free to come to the UK, but may be subject to worker authorisation. This means that they are only able to work in the UK if they hold a valid accession worker authorisation document or if they are exempt from authorisation. Exemptions from the scheme are set out in the comprehensive guidance for employers.

What should employers do if they want to employ an A8 or A2 worker?

When employers take on a new worker from one of the ten countries above, they should:

  • validate their identity with a document from List A.
  • A2 countries: ensure that the prospective A2 employee is authorised to work before they begin working for you, unless they are exempt. The evidence will be a document issued by the UK Border Agency. You should take copies of this evidence.
  • A8 countries: advise your A8 employee to register with the UK Border Agency and retain your copy of the application. Workers from A8 countries can start work for you without registering first, but the application should be submitted within the first month of employment with you. Once the worker has successfully registered, the UK Border Agency will send you a copy of the registration.
  • certificate confirming this. Employers should retain the copy sent to them.

Last reviewed 25 Nov 2008

Contacts

Email RecruitmentandRetention@nhsemployers.org|
 

See also

List A - document checklist|

List B - document checklist|

 
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Copyright © 2007 NHS Employers

A part of the NHS Confederation working on behalf of the NHS

The NHS Confederation (Employers) Company Ltd. Registered in England. Company limited by guarantee: no. 5252407