Just a few days ahead of Croatia's accession to the EU, there seems to be little fanfare about the enlargement of the Union and relatively little media coverage informing us about our new European partner. It strikes me that we (by that I mean 'I') know very little about Croatia, bar the odd sports personality and a rough idea of where it actually is.

However, much as I would like to embark on a Eurovision-style review of the cultural heritage of the 28th EU member state, I thought it might be more useful, if somewhat less entertaining, to focus on the requirements which employers need to be aware of when employing Croatians. The question is then; what will change on 1 July?

Essentially, employers should note the coming into force on 1 July 2013 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013. The Regulations are important because they set out the regime by which employers must abide at least until June 2018.

In a nutshell, employers will continue to have to issue sponsorship certificates to Croatian migrant workers unless an exemption applies. After a certificate is assigned, the employer will then need to apply for a Worker Authorisation Registration Certificate, which will cost a further £55 (nothing is for free it seems).

If, for any reason, Croatian employees cease to work for a period in excess of 30 days, the Certificate will be revoked. The penalties for employing Croatians without a certificate and in the absence of any exemption are typically severe, consisting of prison sentences of up to 51 weeks in England and Wales and up to 6 months in Scotland and Northern Ireland. The employees themselves will be liable to fines of up to £1,000 and a prison term of up to 3 months. In short, it really is not worth getting this wrong.

There are a number of exemptions (that is, when certificates of sponsorship and registration certificates are not required). Details of the main ones are as follows:

  • Croatian nationals who on 30 June 2013 had leave to enter or remain in the UK and had no restrictions on their employment, or are given such leave after that date;
  • Croatian nationals legally working in the UK on 30 June 2013 and who have been legally working in the UK without interruption for the preceding period of 12 months ending on that date;
  • Croatian nationals who have legally worked in the UK without interruption for a period of 12 months falling partly or wholly after 30 June 2013;
  • Croatian nationals who are the spouse, civil partner, unmarried or same sex partner, or child under 18 of a person who has leave to enter or remain in the United Kingdom and that leave allows him to work in the UK;
  • Croatian nationals who are the spouse, civil partner, unmarried or same sex partner of British nationals or those settled in the UK.
  • In most cases, where Croatian nationals have rights as family members of EEA nationals exercising Treaty rights in the UK.

There are many nuances and qualifications to the above broad brush exemptions, and employers should probably take a look at the Regulations for themselves to confirm an exemption applies, or, if in doubt, talk to us.

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