A8 – self-employed to employed

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  • #35274
    awj136
    Participant

    Can I have some advice as to whether this person requires a Workers Registration Certificate for his current employment ;

    clt.is a self-employed A8 national ; he has been self-employed for 18 months ;

    he has now finished being self-employed, and become a full-time employee ;

    is he required to obtain a new WRC for his new employment, or does his previous 18 month spell of self-employment preclude him from this;

    all advice greatfully received, as well as relevant regulations, circulars, caselaw.

    #98936
    stevedaymond
    Participant

    Section 2 of The Accession (Immigration and Worker Registration) Regulations 2004 desribes people who are exempt from the Workers Registration Scheme and former self-employed persons are not exempt. Section 7 shows that the 12 months only count when working for an authorised employer and not self-employed.

    #98937
    Kay_Tade
    Participant

    I think as your claimant has been self employed for 12 months+ the WRC requirements no longer bite as he will now be considered to be legally working…

    See reason B “The issue” on this CD CJSA 1439 2008-00.doc

    #98938
    stevedaymond
    Participant

    Can you please send me a copy of that:

    stephen.daymond@plymouth.gov.uk

    #98939
    stevedaymond
    Participant

    Chacha cheers for sending me that.

    I have read and re-read the document and can see no resemblence to the case that is being discussed.

    The query was regarding an A8 that had been self-employed. Ceased his self-employed activity and has taken up employment.

    The commissioners decision that you have quoted is regarding an A2 national who was employed, and the employment was kept open for him while he was unable to work due to injury or illness. The commissioners decison in part B highlighted by yourself mentions Article 39 of the treaty establishing the Economic communtiy which relates to employed people. I can find no mention of Article 43 of the treaty establishing the Economic communtiy which talks about self-employment.

    As far as I can see the commissioners decision you have mentioned has no significance in any way to a self-employed person and this making a person exempt from the Workers Registration Scheme?

    #98940
    Kay_Tade
    Participant

    Steve, the point I am trying to make is that after 12 months, of being self employed or a registered worker you no longer require to satisfy th A2 or A8 requirements as you will then be treated as an EU after those initial 12 months, I have raised this issue previous threads but it seems I am of a minority……

    #98941
    stevedaymond
    Participant

    Chacha

    The commissioners decision you have mentioned is regarding a person who would retain worker status while being injured or ill as long as the position is being kept open for them and exempt from the workers authorisation scheme as they were ‘working’ when Bulgaria joined the EU.

    The point with A8 self-employed nationals seems fairly clear under section 2 of The Accession (Immigration and Worker Registration) Regulations 2004. This does not exepmt a person from the need to register.

    Hopefully your argument becomes a reality as it will help out a lot of our customers in the current climate and were all here to help our customers, but unfortunately will have to disagree until the commissioners advise otherwise.

    #98942
    Kay_Tade
    Participant

    Bump!!!

    Got a reply from Adelphi on this…

    [quote:7ab64d5c4a]Hi Ursula,

    The basic question is this: If a citizen of one of the A8 countries successfully completes 12 months of self-employment in the UK and then decides to end this in favour of working for an employer do they require to be registered under the Worker’s Registration scheme to retain worker status or are they to be treated as an EEA would be (i.e., no need to register under WRS) because they have been ” legally working” for 12 months? Thanks in advance.

    Kay, The answer to your question is ‘yes’ – when an A8 national is working in a self-employed capacity they are treated in the same way as an EEA national who is self-employed but unless they have previously completed 12 months registered work or were working in the UK legally for at least 12 months before 01/05/04, they don’t get full EEA rights if they complete 12 months self-employed work. Therefore, if they then want to work for an employer they must register their employment and complete 12 months registered work in order to gain full EEA status. I will be reviewing the guidance in the HB manual shortly and I’ll add something about this then.

    Ursula Brennan
    People from Abroad Team
    Benefit Reform Division[/quote:7ab64d5c4a]

    😥 🙁

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