The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013

JurisdictionUK Non-devolved
CitationSI 2013/1460
(1) These Regulations may be cited as the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 and come into force on 1st July 2013.(2) In these Regulations—
  • the 1971 Act” means the Immigration Act 1971 ;
  • the 2006 Act” means the Immigration, Asylum and Nationality Act 2006 ;
  • accession period” means the period beginning with 1st July 2013 and ending with 30th June 2018;
  • accession State national subject to worker authorisation” has the meaning given in regulation 2;
  • accession worker authorisation document” has the meaning given in regulation8(2) ;
  • authorised category of employment” means—
    • (a) employment for which the applicant has been issued by a sponsor with a valid certificate of sponsorship under Tier 2 or Tier 5 of the Points-Based System; or
    • (b) employment as—
      • (i) a representative of an overseas business;
      • (ii) a postgraduate doctor or dentist; or
      • (iii) a domestic worker in a private household;
  • certificate of sponsorship” has the meaning given in paragraph 6 of the immigration rules, except that the reference to an application or potential application for entry clearance or leave to enter or remain as a Tier 2 migrant or a Tier 5 migrant is to be read as including a reference to an application or potential application for a worker authorisation registration certificate;
  • certificate of sponsorship checking service” has the meaning given in paragraph 6 of the immigration rules, except that the reference to an application or potential application for entry clearance or leave to enter or remain as a Tier 2 migrant or a Tier 5 migrant is to be read as including a reference to an application or potential application for a worker authorisation registration certificate;
  • civil partner” does not include a party to a civil partnership of convenience;
  • EEA registration certificate” means a certificate issued in accordance with regulation 16 of the EEA Regulations;
  • the EEA Regulations” means the Immigration (European Economic Area) Regulations 2006 ;
  • EEA State” excludes the United Kingdom and includes Switzerland;
  • employer” means, in relation to a worker, the person who directly pays the wage or salary of that worker, and “employ”, “employment” and “employs” shall be construed accordingly;
  • the EU2 Regulations” means the Accession (Immigration and Worker Authorisation) Regulations 2006 ;
  • extended family member” has the meaning given in regulation 8 of the EEA Regulations;
  • family member” has the meaning given in regulation 7 of the EEA Regulations;
  • highly skilled person” has the meaning given in regulation3;
  • immigration rules” means the rules laid down as mentioned in section 3(2) of the 1971 Act applying (except for in the definition of “relevant requirements”) F34
    • (a) for the purposes of regulation 3(1) (a) (highly skilled person: Tier 1 (Exceptional Talent) migrant) , on 6th November 2014; and
    • (b) for all other purposes, on 1st July 2013;
  • Points-Based System” means the system established under Part 6A of the immigration rules;
  • relevant requirements” means, in relation to an authorised category of employment, the requirements which, subject to any necessary modifications, a person in that category of employment was obliged to meet under the immigration rules in force on 9th December 2011 in order to obtain entry clearance or leave to enter or remain in the United Kingdom and which are set out in the relevant statement;
  • F28
(3) The Schedule (consequential amendments) shall have effect.(1) Subject to the following paragraphs of this regulation, other than where these Regulations expressly refer to an accession State national subject to worker authorisation within the meaning of regulation 2 of the EU2 Regulations, in these Regulations “accession State national subject to worker authorisation” means a Croatian national.(2) A Croatian national is not an accession State national subject to worker authorisation if, on 30th June 2013, he had leave to enter or remain in the United Kingdom under the 1971 Act that was not subject to any condition restricting his employment F29(other than a condition restricting his employment as a doctor in training or as a dentist in training or as a professional sportsperson (including as a sports coach) ) , or he is given such leave after that date.(3) A Croatian national is not an accession State national subject to worker authorisation if he was legally working in the United Kingdom on 30th June 2013 and had been legally working in the United Kingdom without interruption throughout the preceding period of 12 months ending on that date.(4) A Croatian national who legally works in the United Kingdom without interruption for a period of 12 months falling partly or wholly after 30th June 2013 ceases to be an accession State national subject to worker authorisation at the end of that period of 12 months.he had leave to enter or remain in the United Kingdom under the 1971 Act for that period, that leave allowed him to work in the United Kingdom, and he was working in accordance with any condition of that leave restricting his employment;he

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