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Worker registration scheme found to be unlawful

Related Member(s):
Helen Mountfield QC
Related Practice Area(s):
Employment Law, EU Law, Immigration, Asylum and Free Movement

The Court ruled that the UK’s decision to extend the worker registration scheme (WRS), for two years from 2009, was unlawful. Under the scheme, nationals of eight accession states had to register each time they started a new job, and were prevented from relying on an EU law right to reside in respect of any period where they did not register. Although the WRS ended in 2011, past non-compliance with the WRS had been relied on by the Government for refusing to accept that a worker has retained a right of residence in the UK, or developed a permanent right to live here.

Helen Mountfield QC and Tom Royston (Garden Court North Chambers) acted for the respondent and were instructed by Amy Fiddler of Howells Solicitors.