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Court of Appeal Rules The Extension Of The Worker Registration Scheme Was Unlawful

December 2017

On 7th November 2017, the Court of Appeal, in Secretary of State for Work and Pensions v Gubeladze [2017] EWCA Civ 1751confirmed (again) that the extension of the Worker Registration Scheme from 1 May 2009 to 30 April 2011 was unlawful and incompatible with EU law. 

This ruling means EU nationals applying for an EU permanent residence Card in the wake of Brexitcan no longer be denied because they failed to register under the Worker Registration Scheme between 1 May 2009 and 30 April 2011.  If your application has been refused on these grounds, it is imperative you contact our Legal 500 recommended immigration Solicitors in London.

What is the Worker Registration Scheme?

1st May 2004 was a momentous day for the EU – 10 new states joined the bloc; Czech Republic, Cyprus, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

Under Annex VIII of the Act of Accession, existing member states were given the right to limit freedom of movement from the eight large European countries for five years.  This could be extended for a further two years “in case of serious disturbances of its labour market or threat thereof and after notifying the Commission.”

The UK, therefore, introduced the Worker Registration Scheme, which it extended in April 2009 for a further two years.  To be exercising their EU rights lawfully in the UK, any person from one of the so-called A8 states had to register under the scheme before they started work.

However, the Court of Appeal has ruled that the extension was not proportionate.  The court observed that the Home Office had five years of monitoring the effect EU nationals coming from the A8 countries would have on the UK labour market.  Furthermore, the Migration Advisory Committee had clarified in a report a further two years of monitoring under an extension would bring forth little new information.

The court therefore determined:

“When that small benefit is weighed against the profound consequences for individuals such as the respondent, in this case, it is hardly surprising that the Upper Tribunal found the extension to be disproportionate” [paragraph 79].

How we can help

If your application for a permanent residence Card and/or British Citizenship has been denied, our London immigration lawyers can provide immediate assistance.  Grounds for being refused can include:

  • the applicant is not able to show they have been residing in the UK legally for five years because they did not join the Worker Registration Scheme
  • the applicant fails the ‘good character’ requirement for naturalisation for failure to register with the scheme

We can advise and represent you if you have had an application for EU Permanent Residency or British Citizenship refused on these or any other grounds.  Contact our immigration Solicitorsimmediately for the best guidance and support.

OTS Solicitors is one of the most respected immigration law firms in London and is highly ranked in the Legal 500 for immigration and human rights.  By making an appointment with one of our immigration Solicitors, you can be assured of receiving some of the best legal advice available in the UK today.

If you require Immigration law advice, please phone our London office on 0207 936 9960.

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