Croatia joins the European Union

On 1st July 2013 Croatia became the latest country to join the European Union. This means that Croatian citizens have the right of free movement within the countries included in the European Economic Area. However, the UK government has put in place provisions which will restrict the ability of Croatian nationals to access the UK labour market. These restrictions will last until at least 30th June 2018, but may be extended to 30th June 2020.

The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 sets out the details of the worker authorisation scheme and specifies which groups of people will be subject to the scheme. Anyone who is required to comply with the scheme will only be able to work legally in the UK if they hold an accession worker authorisation certificate and work in accordance with the conditions set out in the certificate.

A worker authorisation certificate can only be obtained where the person is employed by an authorised employer and they are carrying out specific types of work. For example, they are:

• A representative of an overseas business;
• A postgraduate doctor or dentist;
• A domestic worker in a private household;
• A skilled sponsored worker;
• A suitably qualified worker and there are no suitably qualified settled wokers available;
• A temporary worker in a creative or sporting field of work.

Beyond the initial 3 months’ right to reside in the UK, a Croatian national will only acquire a right to reside if they are a worker (in accordance with the worker authorisation scheme), a self-employed person, a student or a self-sufficient person. They will not have a right to reside as a jobseeker.

Will Croatian nationals be eligible for housing benefit?

Like all EU nationals, during the initial 3 months’ right to Croatian nationals will have limited access to benefits as people arriving in the UK are expected to be self-sufficient. However, they will be able to apply for Child Benefit and Child Tax Credit.

In terms of Housing Benefit:

• A jobseeker will not be eligible for Housing Benefit as they will not have a right to reside.
• A worker will be able to claim Housing Benefit whilst they are working legally in compliance with the worker authorisation scheme.
• A worker who completes 12 months’ legal employment will have full EU rights and will be able to access Jobseekers’ Allowance.
• A person who is in unauthorised employment will not be eligible for Housing Benefit.
• A self-employed person will be eligible to apply for Housing Benefit.

At the time of writing Regulations have not yet been issued regarding a right to housing and homelessness assistance. An update will be provided when available.

Advising EU nationals

Housing Rights Service will be running a training course later in the year which will focus on housing issues for migrant workers.  If you'd like to be kept up to date on this and the other training courses and resources we provide sign up to our e-bulletin.