A8 Nationals

Talk Visa Limited advisors are experienced in advising EEA nationals from A8 countries, on their rights and entitlements under European law. The A8 countries are the eight countries that joined the EU in May 2004: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia.

We advise on all areas, from lawful working to rights to be joined by family members such as spouses, un-married partners, children and dependent relatives, be they also EEA nationals or third country non-EEA nationals. We can also assist on applications for permanent residence in the UK.

We advise on rights to remain in the UK following a change of circumstances such as a marriage breakdown between an EEA national and a non –EEA national and on the special rights which apply if there are children from the relationship.

The Rights of A8 nationals to work in the UK

There are special rules about how people from these countries can work in the UK. In most cases, unless they have dual nationality of another EEA member state or are married to a UK national they must register with the Workers Registration Scheme (WRS) within one month of starting work. They have to continue to be registered on the scheme for the first 12 months of their employment. Once they have done this they get the same rights as other EEA workers.

It is important that those who must register on the WRS do so. Those who do not, will not be working in the UK lawfully and this will affect their future rights to residence in the UK.

Not all A8 nationals however need to register with the WRS. The rules about who needs to register are complicated. They are affected by factors such as when the individual started working in the UK and who their employer is, but there are also many other factors that also come into consideration.

Talk Visa Limited provides specialist advice about which A8 nationals are required to register and which are not, as well as on applications under the WRS.

A8 nationals who have worked for 12 months continuously on the WRS have the same rights as other EEA workers and self-employed people. However, a break in employment can affect these rights. The rules about what counts as a ‘break’ in employment and how it can affects registration on the WRS, entitlement to benefits, and rights to reside, can be confusing. Talk Visa Limited can provide specialist advice on continuous employment, access to benefits and residency.

Other A8 nationals in the UK

The rules for A8 nationals who live in the UK and are self-employed, students or selfsufficient people are the same as for other EEA nationals.

• A8 nationals who are self-employed are eligible for council housing allocation, homelessness services and housing benefit.
• A8 nationals who are students or self-sufficient persons or have a permanent right to reside have the same rights as other EEA nationals.
• All EEA nationals who have had the right to live in the UK for five years get the right to permanent residence automatically.

Rights under EEA law is a fast changing area of law. Contact Talk Visa Limited to ensure that you receive up to date professional advice on how the law applies to your situation.

Talk Visa Limited are also specialist in representing those whose applications have been refused and have appeal rights to the Asylum and Immigration Tribunal and up to the High Court for reviews.