Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2007 and shall come into force on 16th March 2007.

(2) In these Regulations “2006 Accession Regulations” means the Accession (Immigration and Worker Authorisation) Regulations 2006(3).

Amendment of the 2006 Accession Regulations

2.—(1) The 2006 Accession Regulations are amended as follows.

(2) In regulation 2 (“Accession State national subject to worker authorisation”)—

(a) for paragraph (2) substitute—

“(2) A national of Bulgaria or Romania is not an accession State national subject to worker authorisation if on 31st December 2006 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 or he is given such leave after that date.”;

(b) for paragraph (8)(b) substitute —

“(b) a national of Bulgaria or Romania who is not an accession State national subject to worker authorisation solely by virtue of falling within paragraph (10) or (10B).”;

(c) for paragraph (10) substitute —

“(10) A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is in the United Kingdom as a student and —

(a) holds a registration certificate that includes a statement that he is a student who may work in the United Kingdom whilst a student in accordance with the condition set out in paragraph (10A); and

(b) complies with that condition.

(10A) The condition referred to in paragraph (10) is that the student shall not work for more than 20 hours a week unless —

(a) he is following a course of vocational training and is working as part of that training; or

(b) he is working during his vacation.

(10B) A national of Bulgaria or Romania who ceases to be a student at the end of his course of study is not an accession State national subject to worker authorisation during the period of four months beginning with the date on which his course ends provided he holds a registration certificate that was issued to him before the end of the course that includes a statement that he may work during that period.”;

(d) in paragraph (12)(b)(i), for “(10)” substitute “(10B)”.

(3) In regulation 3 (authorised family member), for paragraph (1)(b) substitute—

“(b) a national of Bulgaria or Romania who is not an accession State national subject to worker authorisation solely by virtue of falling within paragraph (10) or (10B) of regulation 2.”.

(4) In regulation 7 (issuing of registration certificates etc)—

(a) in paragraph (3), after “accession State national subject to worker authorisation” insert “(other than solely by virtue of falling within paragraph (10) or (10B) of regulation 2)”;

(b) in paragraph (5)(b), for “regulation 2(10)” substitute “paragraph (10) or (10B) of regulation 2”;

(c) in paragraph (6), for “has access to the United Kingdom labour market for 20 hours a week” substitute “may work in the United Kingdom whilst a student in accordance with the condition set out in regulation 2 (10A) and who, on ceasing to be a student, may work during the period referred to in regulation 2(10B)”.

(5) In regulation 12(2) (unauthorised employment of accession State national – employer offence), for sub-paragraph (b) substitute —

“(b) the registration certificate contained a statement that the worker is a student who may work in the United Kingdom whilst a student in accordance with the condition set out in regulation 2(10A) and who, on ceasing to be a student, may work during the period referred to in regulation 2(10B), and the employer has not employed that worker otherwise than in accordance with that condition or during that period.”.

Amendment of the Accession (Immigration and Worker Registration) Regulations 2004

3.  In regulation 2(6)(b) of the Accession (Immigration and Worker Registration) Regulations 2004(4), for sub-paragraph (iii) substitute —

“(iii) an accession State national subject to worker authorisation or a national of Bulgaria or Romania who is not an accession State national subject to worker authorisation solely by virtue of falling within paragraph (10) or (10B) of regulation 2 of the 2006 Accession Regulations.”.

Transitional provisions

4.—(1) For the purpose of regulations 2(10) and (10B) and 12(2) of the 2006 Accession Regulations, as amended by these Regulations, a statement in a registration certificate issued before 16th March 2007 that the holder of the certificate is a student who has access to the United Kingdom labour market for 20 hours a week, shall, on or after that date, be treated as if it were a statement that the holder of the certificate is a student who may work in the United Kingdom whilst a student in accordance with the condition set out in regulation 2 (10A) of those Regulations and who, on ceasing to be a student, may work during the period referred to in regulation 2(10B) of those Regulations.

(2) In paragraph (1) “registration certificate” and “student” shall be interpreted in accordance with regulation 1(2)(o) and (s) of the 2006 Accession Regulations respectively.