Some A8 workers will be exempt from the requirement to register. You should ask these workers to provide you with documentary evidence of their exemption. Checking and recording one of the documents listed below will not only establish a defence from conviction for employing an unregistered A8 worker, but it will also establish a defence for your worker under section 8. You should check for one of the following documents:
- A Residence Permit issued by the Home Office confirming the holder is an EEA national or Switzerland; or
- A national passport or travel document containing an endorsement which states that the holder is also a dual nationa of the UK, Switzerland or one of the EU/EEA countries listed above, that is not an A8 country; or
- A national passport or travel document containing a valid endorsement which states that the holder is a family member of an EEA or Swiss national.; or
- A national passport or travel document containing a valid endorsement which shows that the holder has Indefinite or Exceptional Leave to Enter or Remain in the UK, or has been granted Limited Leave to Enter or Remain with no immigration restrictions on employment; or
- A8 nationals on the Seasonal Agricultural Workers Scheme (SAWS) will be issued with a SAWS card. This document will be valid until the expiry date on the document, and while they remain on the SAWS scheme; or
- A8 nationals here on a self-employed basis (for the purpose of the Worker
Registration Scheme, you will employ an A8 worker if you directly pay their wages); or
- A8 nationals who have been employed legally and without interruption in the UK for 12 months. (This means that any periods of unemployment within those 12 months do not exceed 30 days in total). This can be proven by official documents such as a P60, or previous WRS certificates.
You should check, make and retain a copy of these document/s if your worker is exempt from the registration scheme.