Application for an accession residence card for the non EEA …bingham.butterworths.co.uk/PDF/level1/hocr5.pdf · 2019-04-26 · the processing of your residence card and possible

This form is specified for applications made on or after 06 February 2017

You must be a non-EEA family member of a Croatian national who is resident in the United Kingdom at the time of submitting this application.

This form must be accompanied by:

Original valid passports or ID cards for each person included; and

Two recent passport-sized photographs for each person included; and

Original versions of all required documents.

Failure to comply with these requirements may lead to delays in the processing of your residence card and possible refusal of your application.

Application for an accession residence card for the non EEA family member of a Croatian national who is subject to worker

authorisation

CR(5)version 02/2017

Please post your application to:

Postal address:Home Office – Croatia ApplicationsPO Box 638DurhamDH1 9LA

You should complete this form if you are a non-EEA national and the family member of a Croatian national who is the holder of a purple registration certificate

We will return all your documents by recorded delivery to a UK address only. Please note that recorded delivery does not insure you to the full value of your package should it become lost. If you want your passport and other documents returned by Special Delivery which does insure the full value, you will need to provide a suitably sized Special Delivery envelope with the correct prepaid postage.

You will only be considered for an accession residence card as the non-EEA family member of a Croatian national who is subject to worker authorisation. You will not be considered for anything else. You must use a different form if you want to stay for another reason.

https://www.gov.uk/government/organisations/home-office

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/2/

(Version 02/2017) - page 2

CR(5) APPliCATiOn FORm

PAYmEnT GUiDAnCEThe FeeThere is a fee of £65 for this application.

For each dependant applying with you, the fee increases by £65.

number of applicants

Fee

Yourself and 1 dependant

£130

Yourself and 2 dependants

£195

Yourself and 3 dependants

£260

Yourself and more than 3 dependants

Add £65 to the amount above for each additional dependant

Please note there is a fee of £65 for each person applying for a residence stamp. You must pay this fee even if you choose not to use this application form.

Please note that your application will be rejected as invalid if you do not pay the specified fee.

Applications made on this form may not be made in person at the Premium Service Centre of the Home Office.

How you can payYou can pay by any of the following methods:

• Cheque/Bankers Draft

• Postal Order

• Credit card1 - Mastercard, Visa (including Electron) or American Express (Amex)

1 Please note that when making large or multiple payments using your credit card, the anti-fraud measures that banks operate sometimes stop the full payment being taken. This can happen for a number of reasons. To prevent this you may inform your bank of your intention to make large or multiple payments in advance so that your bank allows the full payment to be taken when you submit your application. Please be aware that not all banks offer this service.

• Debit card - Delta, Maestro* (including Solo)

* Maestro - We can accept only Maestro cards issued in the UK.

Cheques and postal ordersYou must make the cheque or postal order payable to ‘Home Office’ and cross the cheque or postal order A/C Payee only. Please write the full name and date of birth of the applicant on the back of the cheque and/or each postal order and keep the postal order receipt(s). Please make sure that the date and the amount (words and figures) are correct and that the cheque is signed properly. Attach your cheque or postal order(s) to the front of the application form.

Completing the payment details pageTo ensure that your payment is processed without any delay, please follow this guidance when completing Section 1 of this form (Payment Details).

A1 Tick the fee appropriate to your application - see above guidance. If you do not select a fee then we cannot take a payment and your application will be rejected as invalid.

A2-A3 If the address for correspondence is different from your home address in the UK, please give that address at A2. If a solicitor or other authorised immigration adviser is submitting the application, it should be their address at A2 and their name at A3. These details will also be used to acknowledge receipt of the application.

A4 Applicant’s full name, as given in his or her passport or travel document.

A5 Applicant’s date of birth

method of payment A6 Tick one of the boxes to show which method of payment you are using

A7 - A9 If paying by cheque or bankers draft enter the bank account number, sort code and cheque number



Paying by credit / debit card

A10 The name as displayed on the credit/debit card

A11 Card number - this is the long number across the centre of the card

A12-A14 Enter the details where available on the card

A15 The Card Verification Value (CVV) is a 3-digit security code found on the back of the card on the signature strip - it consists of the last 3 digits. For Amex the security code consists of 4-digits and is found on the front of the card.

If you do not provide the CVV number, we cannot take your payment and your application will be rejected as invalid.

4567 123AUTHORISED SIGNATURE

CVV123

AMERICAN EXPRESS

1234 1234 123456 12345

CVV 1234

A16-A17 Cardholder’s signature - the person named on the credit/debit card must sign and date these sections.

Consideration process• If the payment submitted does not cover the full cost of your application, it will be an invalid application and the form, together with any documentation submitted, will be returned to you.

• The fee charged is for the processing and consideration of the application. This fee will be payable once the application form is received by the Home Office or its payment processing agent, regardless of the outcome of the application. If your application contains errors or is missing information it may be rejected as invalid. Your application will not be considered and your fee will be refunded less an administration fee of £25 for each person included in the application.

• We cannot begin the consideration process until the payment has cleared. We allow 5 working days for payments made by cheque to clear, credit/debit cards and postal orders will clear immediately.



SECTiOn 1 - PAYmEnT DETAilS CR5Please complete this section in block capitals and black ink. A. Application DetailsApplicants should refer to the Payment Guidance notes which accompany this application form.

A1. Tick the applicable boxes and fee. if no fee is ticked we cannot take a payment and your application will be rejected as invalid:Single applicant - no dependants £65 Main applicant and two dependants £195

Main applicant and one dependant £130 Main applicant and three dependants £260

If more than 3 dependants are applying with you, please state the number in the space below and enter the correct amount specified in the payment guidance in the box.

Main applicant and ............... dependants £

A2. Contact Address in the UK for correspondence

Postcode

A3. Contact name in the UK if different from that of the applicant

A4. Applicant’s Full name

Date DD/mm/YYYY

A5. Applicant’s date of birth

A6. Please select the method of payment from the list below:United Kingdom postal order (payable to ‘Home Office’) - go to question A19

Cheque/bankers draft (payable to ‘Home Office’) - go to question A7

Visa/Mastercard/Amex - go to question A10 Delta / Maestro - go to question A10

A7. Account number A8. Sort code A9. Cheque number

A10. Please debit the following account: name on card

A11. Card number (the long number across the centre of the card)

A12. Valid from A13. Expiry date A14. issue number A15. CVV security number

(where available)(3 digit number or 4 digit number for Amex)A16. Cardholder’s signature

A17. Date DD/mm/YYYY



Intentionally Blank



SECTiOn 2 - Personal DetailsYour personal details should be entered at 2.1 to 2.12. Where family members are included in the application, and they are also non-EEA nationals, their personal details should be entered in section 3.

Attach applicant’s photographs here

Is a representative assisting you with your application?

Yes No

Are you content for the Home Office to contact your representative if we require further information?

Yes No

If yes please insert their OISC Registration Number if they have one.

2.1 Title (Mr, Mrs, Miss, Ms, Other)

Full name as shown on ID card or passport

Surname

Family name or any other names by which you have been known

2.2 Nationality

2.3 Date of Birth D D m m Y Y Y Y Gender M F

2.4 Home Office reference number if known

2.5 Passport number

2.6 Date on which you last entered the UK D D m m Y Y Y Y

2.7 UK address

Postcode

2.8 Daytime telephone number

2.9 Your email address if you have one. We may use your email address to communicate with you about the status of your application. Please write your email address clearly in block capitals and note that we can only send updates to the email address you provide



2.10 Please re-enter your email address in block capitals in the box below

2.11 Please enter the email address of your representative (if you have one) in the box below

The Home Office or persons acting on behalf of the Home Office may use the above email address(es) to communicate with you about your application. You must check your email account at regular intervals and respond to any further information requests as soon as possible.

2.12 The address to which you would like us to return your documents and send any letters about your application, if different from that at 2.7

Postcode



SECTiOn 3 - non-EEA national family member’s details (please see guidance notes before completing)Please give details of other non-EEA national family members below.

3.1 Do you have any non-EEA national family members in the UK? Yes No

If you have answered yes to question 2.1 and they are applying for a Family Member Residence Stamp, please give their details below. If you need more space continue on a separate sheet and provide it with your application.

If parents’ details are not shown in the child’s passport, documentary evidence of relationship to non-EEA family member should be provided i.e. full birth certificate.

If the relationship is other than spouse/civil partner or parent/child e.g. brother or cousin, please provide appropriate evidence to confirm the relationship (e.g. full birth, marriage or civil partnership certificates) and evidence that your family member is financially dependant on you.Family member’s full name

Attach family member’s

photograph here

Date of Birth D D m m Y Y Y Y Gender M F

Relationship to you

Home Office reference (if known)

Family member’s full name


photograph hereDate of Birth D D m m Y Y Y Y Gender M F

Relationship to you


Family member’s full name


photograph hereDate of Birth D D m m Y Y Y Y Gender M F

Relationship to you




SECTiOn 4 - Details of your Croatian family member (sponsor)You are applying for a an accession residence card as the non-EEA member of a Croatian national who is the holder of a purple registration certificate.

Your Croatian national family member should enter his/her details below:

4.1 Title (Mr, Mrs, Miss, Ms, Other)

Full name as shown on ID card or passport

Surname

Family name or any other names by which you have been known

4.2 Nationality

4.3 Date of Birth D D m m Y Y Y Y Gender M F

4.4 Home Office reference number if known

4.5 Registration certificate reference number (please provide your sponsor’s original certificate)

4.6 UK address

Postcode

4.7 Daytime telephone number

4.8 Relationship to main applicant

4.9 Evidence of relationship (please tick)

Birth certificate Marriage certificate Civil partnership certificate

If you are applying on the basis of your marriage/civil partnership, you must also provide documentary evidence of:

• joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, death benefit etc);

• correspondence which links you to the same address;



• any official records of your address (e.g. Doctors records, DWP record, national insurance record etc);

• any other evidence that adequately demonstrates your commitment to each other.

Please state the date of your wedding or civil partnership ceremony.

D D m m Y Y Y Y

Please state the place of your wedding or civil partnership ceremony.

Have you been married or in a civil partnership before (if yes, you must also provide your original divorce certificate)?

Yes No

Has your partner been in a marriage or civil partnership before (if yes, you must also provide their original divorce certificate)?

Yes No

When did you meet your partner? D D m m Y Y Y Y

Where did you meet your partner?

When did you decide to marry and form a civil partnership?

D D m m Y Y Y Y

When did you start living together? D D m m Y Y Y Y

4.10 Date on which your Croatian family member last entered the UK.

D D m m Y Y Y Y



SECTiOn 5 - Personal History - all applicants should complete this section

You should answer all the questions in this section on behalf of yourself and any family members included in this application. Please note that it is an offence under Section 26(1)(c) of the Immigration Act 1971 to make a statement or representation which you know to be false or do not believe to be true. Information given will be checked with other agencies.

5.1. Have you or any dependants who are applying with you been convicted of any criminal offence in the UK or any other country?

Yes - go to question 5.2 No - go to question 5.3

5.2. Please give details below for each criminal conviction, starting with the most recent one. If you or any dependants who are applying with you have received more than two convictions, please photocopy this page and enclose it with this form.

note: We will carry out criminal record checks on all applicants and dependants. You must give details of all unspent and spent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court. This includes all drink-driving offences.

Criminal conviction 1

Country where convicted

Nature of the offence

Sentence given

Date sentenced D D m m Y Y Y Y

If you or any dependants who are applying with you were sentenced to a period of imprisonment, what was the length of the prison sentence imposed (in months)?

months

Criminal conviction 2

Country where convicted



Nature of the offence

Sentence given

Date sentenced D D m m Y Y Y Y

If you or any dependants who are applying with you were sentenced to a period of imprisonment, what was the length of the prison sentence imposed (in months)?

months

5.3. Do you or any dependants who are applying with you have any civil judgments against you or any civil penalty under the UK Immigration Acts?

Yes go to 5.4

No go to 5.5

5.4. Give details for each civil judgment or any civil penalty under UK the Immigration Acts, starting with the most recent one.If you or any dependants who are applying with you have received more than two civil judgments and/or civil penalties under the UK Immigration Acts, please photocopy this page and enclose it with this form.Details of judgment or civil penalty 1

Date of judgment or civil penalty D D m m Y Y Y Y

Country where judgment made

Details of judgment or civil penalty 2

Date of judgment or civil penalty D D m m Y Y Y Y

Country where judgment made



You must answer questions 5.5 to 5.10 below even if you have answered no to question 5.1. For help in answering these questions, please see the definitions at the end of this section.

5.5. Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?

Yes No

5.6. In times of either peace or war have you or any dependants who are applying with you ever been involved, or suspected of involvement, in war crimes, crimes against humanity or genocide?

Yes No

5.7. Have you or any dependants who are applying with you ever been involved in, supported or encouraged terrorist activities in any country?

Yes No

5.8. Have you or any dependants who are applying with you ever been a member of, or given support to, an organisation which has been concerned in terrorism?

Yes No

5.9. Have you or any dependants who are applying with you ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to terrorist acts or other serious criminal acts?

Yes No

5.10. Have you or any dependants who are applying with you ever engaged in any other activities which might indicate that you may not be considered to be persons of good character?

Yes No

5.11. How long have you lived in the UK? Years Months

Please provide details of any periods of absence of more than 6 months during that time.

Date you left the UK

Date you returned to the UK

Reason for absence



5.12. Please state what ties you have with;

• The country where you were born

• Any other country whose nationality you hold

• Any country where you have lived for more than 5 years

You should tell us about any family, friends, or other connections with that country.

Country Social cultural or family ties

5.13. If you have answered yes to question 5.5, 5.6, 5.7, 5.8, 5.9 or 5.10, you must give further details in the space provided below. If you need more space, continue on a separate sheet and enclose it with this form.



SECTION 5 - Personal History continuedDEFINITIONS

For the purposes of answering questions 5.5 to 5.10, the following information provides guidance on actions which may constitute war crimes, crimes against humanity, genocide, or terrorist activities.This guidance is not exhaustive. The full definitions of war crimes, crimes against humanity and genocide can be found in Schedule 8 of the International Criminal Court Act 2001 at www.opsi.gov.uk/acts/acts2001/20010017 or purchased from The Stationery Office (telephone 0870 600 5522). It is your responsibility to satisfy yourself that you are familiar with the definitions and can answer the questions accurately on behalf of yourself and any dependants who are applying with you.

War crimesGrave breaches of the Geneva Conventions committed during an armed conflict. This includes an internal armed conflict and an international armed conflict. The types of acts that may constitute a war crime include wilful killing, torture, extensive destruction of property not justified by military necessity, unlawful deportation, the intentional targeting of civilians and the taking of hostages.Crimes against humanityActs committed at any time (not just during armed conflict) as part of a widespread or systematic attack, directed against any civilian population with knowledge of the attack. This would include offences such as murder, torture, rape, severe deprivation of liberty in violation of fundamental rules of international law and enforced disappearance of persons.

Genocide Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.

Terrorist activitiesAny act committed, or the threat of action, designed to influence a government or intimidate the public and made for the purposes of advancing a political, religious or ideological cause and that involves serious violence against a person; that may endanger another person’s life; creates a serious risk to the health or safety of the public; involves serious damage to property; is designed to seriously disrupt or interfere with an electronic system.

Organisations concerned in terrorismAn organisation is concerned in terrorism if it commits or participates in acts of terrorism; prepares for terrorism; promotes or encourages terrorism (including the unlawful glorification of terrorism); or is otherwise concerned in terrorism.



SECTiOn 6 - Previous applications

6.1 Have you or any family members included in this application made any previous applications to the Home Office?

Yes No

If yes, please provide the Home Office reference number

6.2 If you do not have a reference number but have previously made an application, please give details below.



SECTiOn 7- Applicant’s declarationPlease now read and sign the declaration7.1 It should be signed by you (the applicant) and not by a representative or other person acting on your behalf. If you are under 18, your parent or guardian may sign.

I hereby apply for an accession residence card for myself and any non EEA national family members listed in this form. The information I have given in this form is complete and is true to the best of my knowledge.

I also declare that the photographs submitted with this form are a true likeness of myself and any family members included in the application form, as named on the back of each photograph.

I confirm that if, before this application is decided, there is a material change in my circumstances or new information relevant to this application becomes available, I will inform the Home Office.

I understand that all information provided by me to the Home Office will be treated in confidence but that it may be disclosed to other government departments, agencies, local authorities, the police, foreign governments and other bodies for immigration purposes or to enable them to perform their functions.

I understand that my details may in certain circumstances be passed to fraud prevention agencies to prevent and detect fraud and money laundering. I also understand that such agencies may provide the Home Office with information about me. Further details explaining when information may be passed to or from fraud prevention agencies and how that information may be used can be obtained from the Home Office website.

I understand that the Home Office may also use the information provided by me for training purposes.

I understand that if I am informing the Home Office that I have changed my gender, these details may in certain circumstances be shared with other Home Office colleagues. I consent to this, where necessary and understand that this information will only be shared in limited circumstances relating to identity and security in line with Section 22 of the Gender Recognition Act. I am aware they will otherwise be treated in confidence and that my rights under the Equality Act 2010, Data Protection Act 1998 and Article 8 of the European Convention on Human Rights will be unaffected.

Signed:

Name (CAPITALS please):

Date: D D m m Y Y Y Y

1

Guidance for nationals of Croatia on obtaining permission to work in the UK.

1.The purpose of this guidance is to explain what you and your family need to do if

you want to work legally in the United Kingdom (UK). It explains how to apply, and

what sort of documents you may need. It also explains what you can do if you are in

the UK for some other purpose (for example, study or self-employment) and you

wish to obtain a document confirming your status.

2. As a Croatian national you are able to move and live freely in any Member State

of the European Union (EU). You do not need permission under our Immigration

Rules to reside legally in the UK. You will have a right of residence in any EU

Member State for the first three months of residence on an unrestricted basis and

you can remain legally resident in that state as long as you wish, providing you are

exercising a Treaty right as a student, a self-employed person, or if you are

selfsufficient (and not economically active). You will not have an automatic right to

reside as a worker or a jobseeker in the UK (unless you are exempt from work

authorisation requirements - see paragraph 6 below).

Types of European documentation that may be issued to you if you wish to

remain in the UK for more than three months

3. If you want to work in the UK, you may qualify for a blue, yellow or purple

registration certificate. Your family members may also qualify for a registration

certificate if they are a national of a European Economic Area (EEA), or a residence

card or accession residence card if they are non-EEA nationals. A description of

each of these documents is outlined below. You should read this guidance before

you make an application. How to make an application is set out in paragraphs 29 to

35 of this document.

Blue registration certificates

These certificates indicate that the holder can work in the UK without restrictions.

Blue registration certificates are issued to Croatian nationals who are highly skilled,

or are exempt from the requirement to work authorisation (see paragraphs 6-8).

Yellow registration certificates

These certificates are issued to Croatian nationals exercising Treaty rights as self

employed persons, self-sufficient persons or students. The certificate will state

whether the holder is self-employed, self-sufficient or a student and explain if the

holder can legally work in the UK. Further information on exercising Treaty rights is

available on the GOV.UK website.

https://www.gov.uk/apply-for-a-uk-residence-card

https://www.gov.uk/government/organisations/home-office

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/2/

2

Purple registration certificates

These are issued to Croatian nationals who wish to work in the UK but are subject to

work authorisation. They are issued to workers and contain the name of the

employer that the holder can work for or the category of work they can engage in.

Residence cards

There are two kinds of residence cards available to your family members who are

not EEA nationals themselves. Which one they can apply for will depend on whether

or not you require permission to work. Residence cards (sponsor is not subject to

worker authorisation) These can only be issued to your family members if they are

non-EEA nationals and you are not subject to work authorisation. They confirm the

holder’s right of residence under European law.

Accession residence cards (sponsor is a Croatian authorised worker)

These can only be issued to your family members if they are non-EEA nationals and

you are a Croatian authorised worker. An authorised worker means that you need

permission to work in the UK and have such permission (for example you have a

purple registration certificate.).

Work authorisation

4.Unless exempt from work authorisation, nationals of Croatia are required to obtain

permission to work before they can take up employment in the UK. If you take

employment without obtaining such authorisation you, and your employer, may be

committing a criminal offence (see paragraphs 27 to 28).

Exemption from the worker authorisation requirement

5.If you are exempt from worker authorisation and want to be employed here, you

will not need to obtain a purple registration certificate. As someone who is exempt,

you will be able to take employment without restriction. You can obtain confirmation

of this right by applying for a blue registration certificate (but this is not compulsory

unless your exemption is based on being highly skilled). Paragraph 6 of this

guidance will tell you whether you can work here without restriction. Paragraph 30

will advise you which application form you need in order to apply for a blue

registration certificate. Further information about exemptions is available on the

GOV.UK website.

6. You will be exempt from the requirement to obtain authorisation to work in the UK

if:

On 30 June 2013 you have leave to enter and that leave does not place any

restrictions on taking employment in the United Kingdom (see below).

https://www.gov.uk/croatian-national

3

You have been working with permission in the UK on 30 June 2013 and have done

so for a continuous period of 12 months ending on that date.

You have been working with permission in the UK for a continuous period of 12

months ending after 30 June 2013.

You have acquired a right of permanent residence under the European

Regulations. (See below).

You are also a national of the UK or another EEA Member State other than Croatia

or, until the end of December 2013, Bulgaria and Romania

You are the spouse, civil partner, unmarried partner or same sex partner of a UK

national or a person settled in the UK.

You are the spouse, civil partner, unmarried partner, same sex partner or child

under 18 of a person who has leave to enter or remain in the UK that allows a

person to work in the UK.

You are the family member of either: a) a Croatian national who is subject to

worker authorisation and has permission to work or b) an EEA national (other than a

Croatian) who is exercising Treaty rights in the UK (e.g. working, being self

employed, self sufficient or a student) ‘Family member’ in this context means a child,

spouse, civil partner, unmarried or same sex partner of the sponsor or a dependant

in the ascending line (for example parent or grandparent).

You are a highly skilled person and hold a blue registration certificate confirming

that they have unrestricted access to the labour market.

You are a posted worker.

You are a member of a diplomatic mission or are in another specified category

exempt from immigration control.

You are in the UK as a student and you either:

a) hold a yellow registration certificate confirming that you are exercising a Treaty

right as a student and that you shall not work for more than 20 hours per week,

except where following a course of vocational training and working as part of that

training or you are working during vacation periods; or

b) have leave to enter or remain as a student and are working in accordance with

any conditions attached to that leave. This will apply in circumstances where you had

leave as a student before 1 July 2013, and continue to meet the criteria as a student

and this leave is still valid.

7. As above, you will be exempt from worker authorisation if you are a highly skilled

person. However, in order to qualify as a highly skilled individual, you will need to

4

demonstrate that you meet certain criteria and obtain a blue registration certificate on

this basis (see paragraph 10).

Leave that allows the holder to work in the UK without restriction

8. Leave which does not restrict a person’s right to work includes:

indefinite leave to enter or remain

limited leave to enter or remain on code 1A conditions, such as:

leave as a refugee

humanitarian protection

discretionary leave, or

exceptional leave to enter or remain

limited leave to enter or remain on code 1 conditions, such as:

leave as the spouse, civil partner, unmarried partner or same-sex partner of

a British citizen or person present and settled in the UK

leave as a dependant of a worker permit holder

leave under the Highly Skilled Migrant Programme (HSMP), or

leave under the pre-Tier 4 postgraduate doctors and dentists scheme.

If the leave has a restriction (or prohibits employment) then it does not count under

this exemption. Leave that restricts or prohibits a person’s right to work includes:

code 2 leave (work permit holders, students)

code 3 or 5N leave (visitors – no right to work).

Tier 1 Leave

9.Where leave under Tier 1 states that the holder cannot engage in employment as a

trainee Doctor/Dentist or as a professional sportsperson, this does not count as an

employment restriction for the purposes of the Croatian Regulations. If you held such

leave on 30th June 2013 and work as a trainee Doctor/Dentist or as a professional

sportsperson was the only restriction on your employment then you will be exempt

from worker authorisation and can apply for a blue registration certificate

Permanent Residence under European Regulations

10. When you have lived in the UK for a continuous period of 5 years in accordance

with the European regulations, you automatically acquire permanent residence under

5

European law. It is not sufficient simply to remain in the UK for 5 years. Instead that

period of residence has to be in accordance with the conditions of the European

Regulations 2006. Further information can be found on the GOV.UK website.

Highly skilled individuals

11. To qualify as highly skilled, you must either:

have obtained an endorsement by a designated body or

have applied for a blue registration certificate within 12 months of being awarded

one of the following qualifications by a UK recognised body:

A recognised bachelor, masters or doctoral degree

A postgraduate certificate in education or professional graduate diploma of

education

A Scottish higher education institution, a Higher National Diploma

A designated body in this context is either; The Royal Society, The Royal Academy

of Engineering, The British Academy or the Arts Council. Each of these bodies has

its own criteria for the application and issuing of such an endorsement. Further

details on what you need to do in order to apply as a highly skilled person is

available from the GOV.UK website.

If you qualify as a highly skilled individual we will issue you a blue registration

certificate confirming that there are no restrictions on you taking employment in the

UK. If you are highly skilled and meet the relevant criteria, you will only become

exempt from worker authorisation when you have been issued the blue registration

certificate.

The self-employed and work authorisation

12. If you are working in a self-employed capacity, and exercising a Treaty right on

that basis, you will not need to obtain authorisation for that work although you will

need to be able, if challenged, to demonstrate that you are genuinely self-employed.

If you are exercising a Treaty right as a self-employed person, you may apply for a

yellow registration certificate confirming this.

It is not a requirement that you do so and a yellow registration certificate

issued on this basis will not confer a right to take employment on any other

basis than self-employment.

13. In order to determine whether or not a worker is employed or self-employed, a

non-exhaustive list is given below. As a general guide, if someone answers ‘Yes’ to

all of the following, then they are probably an employee:

Do you have to do the work yourself?

https://www.gov.uk/apply-for-a-uk-residence-card


6

Can someone tell you, at any time, what to do, where to carry out the work or when

and how to do it?

Can you work a set amount of hours?

Can someone move you from task to task?

Will you be paid by the hour, week or month?

Can you get overtime pay or bonus payment?

If a worker answers ‘yes’ to all of the following, it will usually mean that they are self

employed:

Can you hire someone to do the work or engage helpers at your own expense?

Do you provide the main items of equipment to do your job, not just the small tools

that many employees provide for themselves?

Do you agree to do a job for a fixed price regardless of how long the job may take?

Can you decide what work to do, how and when to do the work and where to

provide the services?

Do you have to correct unsatisfactory work in your own time and at your own

expense?

If you are unsure whether you qualify as a self-employed person, you may wish to

access the relevant information on the GOV.UK website.

Information on obtaining a National Insurance number can be found on the GOV.UK

website.

Students and worker authorisation

14. If you are a student in the UK, you may engage in employment for up to 20 hours

a week during term time and full time work during vacation periods from your course.

However, if you wish to work, you must first obtain a yellow registration certificate

confirming that you are exercising a Treaty right as a student. This will provide

authority for you to work up to 20 hours per week (or full time during vacation periods

from your course of study). You may work for more than 20 hours a week during

term time, if you are on a course of vocational training and a work placement is

considered to be a necessary part of the course. The work placement must be of an

appropriate length and relevant to your qualification. You must not start your work

placement before obtaining a registration certificate confirming that you are a

student. A list of accredited qualifications can be found on the Register of Regulated

Qualifications website.

https://www.gov.uk/government/organisations/hm-revenue-customs

https://www.gov.uk/government/organisations/department-for-work-pensions

7

As with all other EEA nationals exercising Treaty rights as a student it is mandatory

for those applying for a yellow registration certificate as a student to provide

evidence of Comprehensive Sickness Insurance as specified by the Immigration

(European Economic Area) Regulations 2006. The evidential requirements are

currently set out on page 43 of the EEA modernised guidance. Such insurance will

also need to be held by any family members claiming to have a right of residence as

the dependent of a Croatian student.

15. To qualify for a yellow registration certificate as a student you will be required to

demonstrate that you are enrolled at a genuine educational institution. To do this you

must provide a letter from the educational institution to confirm the name of the

course and the start and end date.

You must prove that you have sufficient resources available (belonging to yourself or

a sponsor) not to become a burden on the UK’s social assistance system during your

time as a student. You should provide documentary evidence from the list below:

Recent bank statements. These can be originals or, if online statements, they

must either be stamped and signed by the bank or accompanied by a letter from the

bank confirming the account details and that the information is correct.

Evidence of sponsorship or funding, e.g. a letter from a parent, relative or friend, if

they are supporting or sponsoring you, along with their recent bank statements; or a

letter confirming a maintenance grant

A declaration, witnessed by a Commissioner for Oaths, to state that the applicant

will not become a burden on the state

* A Commissioner for Oaths has the power to certify the oath of another over

documents.

The register of Education and Training Providers can be found on the GOV.UK

website.

If you are a student and wish to work for more than 20 hours a week during term

time (other than as part of vocational training), you will need to obtain a purple

registration certificate. If you wish to exercise your Treaty right as a student and do

not intend to work you are not required to apply for a yellow registration certificate.

16. Please be advised that while you can apply for a yellow registration certificate

confirming your rights as a student at any time, the document will not be issued until

you have begun your course of study or your work placement has been arranged.

Purple registration certificates

17. For the vast majority of jobs, your employer (who needs to be licensed under the

points-based system) will first need to apply to the Home Office for a certificate of

https://www.gov.uk/government/publications/register-of-licensed-sponsors-students

8

sponsorship for you. The job categories that will be covered by this process will be

those under Tier 2 (normally skilled jobs) and Tier 5 (Temporary employment) of the

points based system. Once your employer issues you with a certificate of

sponsorship, you will use the number given to apply for a purple registration

certificate. You must obtain a purple registration certificate before you start

work. If you start work before it has been issued to you, you will be working

illegally. The purple registration certificate will give the name of the employer but not

the job title. A purple registration certificate will not be issued for a specified period of

time, but it will expire if you leave your job. If you change your job and are not

exempt from worker authorisation, you will need to apply for a new purple

registration certificate in respect of the new employment. Full details on how to apply

for a purple registration certificate can be found on the GOV.UK website.

Employment which does not require your employer to first obtain a certificate

of sponsorship

18. Most categories of employment will require your employer to apply for a

certificate of sponsorship before you apply for a purple certificate. However, in

certain job categories you will only have to apply for a purple registration certificate.

These categories are:

postgraduate doctors or dentists doing a Foundation Programme

domestic worker in a private household

sole representatives of overseas businesses

Further details on the requirements to be met for Croatian nationals applying for

these job categories are available on the CR3 application form which can be

downloaded from the GOV.UK website.

Voluntary workers

19. Voluntary work is not necessarily subject to worker authorisation. If you are

engaged in activities which are sufficiently small scale as to be purely marginal and

ancillary, and which are unremunerated, they will not constitute work for the purpose

of the restrictions but if you propose to remain in the UK for more than three months

in order to undertake such activity you will need to be able to demonstrate that you

have a right to reside on the basis of self-sufficiency. Where you are engaged in

voluntary work which is not marginal and ancillary, you will be able to apply for

worker authorisation on this basis if you are issued with a certificate of sponsorship

by a licensed sponsor under the Tier 5 (Charity Worker) sub-category.

You must be able to demonstrate, via an official letter from the organisation, that:



9

the activity is purely voluntary and does not involve taking up a salaried post or

permanent position of any kind within the charitable organisation or entering into any

arrangement that is likely to constitute a contract of employment; and

the activity is either for a charitable organisation listed in ANNEX A or a registered

charity or recognised body whose work meets the criteria set out in this instruction;

and

the activity is unpaid, or is not likely to be subject to payment of the national

minimum wage and directed towards a worthy cause; and

it is closely related to the aims of the organisation; and

it is fieldwork involving direct assistance to those the charitable organisation has

been established to help; and

that there are satisfactory arrangements for your maintenance and accommodation

in the UK 9

you have comprehensive sickness insurance cover in the UK

you have sufficient funds not to become a burden on the UK’s social assistance

system during your time as a voluntary worker

Family members

20. The family members of an EEA national are defined in Regulation 7 and 8 of the

Immigration (EEA) Regulations 2006.

Unless otherwise specified in this guidance, family members are defined as:

spouse / civil partner

children who are under 21 years of age or are dependent

dependent direct relatives in the ascending line (i.e. parents, grandparents) The

definition of children as family members also include step-children and adopted

children provided the adoption is recognised by UK law.

Where reference is made to unmarried or same sex partners, such applicants will

need to provide evidence that they are in a ‘durable relationship’.

Croatian family members of an exempt applicant

21. Croatian national family members of a Croatian national who is exempt in their

own right from work authorisation requirements are entitled to be issued with a blue

registration certificate confirming that they are also exempt from those requirements.

Applications on this basis should be submitted on form CR1.

10

Croatian family member of a self-employed, a self-sufficient or a student

applicant

22. Where a person is a national of Croatia and is the family member of a Croatian

who is in the UK as a self-employed person, self-sufficient person or a student, they

will not be required to obtain work authorisation (i.e. a purple registration certificate)

to take employment in the UK. Such persons can obtain a blue registration certificate

confirming they can work in the UK on an unrestricted basis. Applications on this

basis should be submitted on form CR1. Croatian national family members, who are

exempt on this basis, will only remain exempt, as long as their sponsor continues to

exercise their Treaty rights as a self-employed person, self-sufficient person or

student.

Only after a Croatian national family member remains exempt in this way and has

worked lawfully for 12 months (as an employee not as a self-employed person) will

s/he acquire exemption from work authorisation in his or her own right.

Croatian family member of a highly skilled applicant

23. Where a person is a national of Croatia and is the family member of a highly

skilled Croatian national, they are entitled to be issued with a blue registration

certificate confirming that they are also exempt from worker authorisation.

Croatian family member of an applicant subject to worker authorisation

24. Where a person is a national of Croatia and is the family member of a Croatian

national who is in the UK as a worker holding a valid purple registration certificate

they will be able to access the UK labour market without restriction. In this category a

family member is defined as the spouse, civil partner, direct descendants of his or

his spouse or his civil partner under 21 or dependant. Applications for a blue

registration certificate on this basis should be made on form CR1.

Croatian family member of an applicant with permission to work under the

immigration rules

25. Croatian nationals who are the spouse, civil partner, unmarried partner or same

sex partner, or child under 18 of a Croatian national who has leave to enter or

remain in the UK that allows him/her to work will be exempt from needing work

authorisation. When this leave expires, the family member will require permission to

work unless they can demonstrate that they fall into one of the categories that

exempts them from needing such permission. During the period that the family

member is exempt on this basis they can apply for a blue registration certificate

using form CR1.

Croatian family members of British citizens or people with settlement here

11

26. Where a Croatian national is the spouse, civil partner, unmarried partner or same

sex partner of a British citizen or person settled in the UK, they will be exempt from

work authorisation. They can apply for a blue registration certificate confirming their

access to the UK labour market. Such applications should be made on form CR1.

Croatian family members of EEA nationals

27. Where a Croatian national is the family member of an EEA national (other than a

Croatian national, and the EEA national is exercising Treaty rights in the UK, then

the family member is exempt from needing permission to work here. They can apply

for a registration certificate using form EEA(FM).

Non-EEA family member of a Croatian subject to work authorisation

28. Non-EEA family members of a Croatian national holding a work authorisation

document (i.e. a purple registration certificate) may apply for an accession residence

card. They should do so on form CR5. Those non-EEA nationals who are ‘extended

family members’ such as unmarried partners of a Croatian with a purple registration

certificate are also able to apply for an accession residence card using form CR5.

Non-EEA family member of a Croatian not subject to work authorisation

29. Non-EEA family members of a Croatian national who is not subject to work

authorisation and is exercising a Treaty right in the UK can apply for a residence

card and should do so on form CR4.

Working without permission

30. Since 1 July 2013, it has been an offence for an employer to employ a Croatian

national who is subject to the requirement to hold a purple registration certificate but

does not have one, or who is undertaking work other than that specified in the

document. Employers will face a maximum fine upon conviction of £5000 per worker.

31. You, the worker, will also commit an offence in these circumstances and if you

are prosecuted and convicted of this offence you could face imprisonment for up to 3

months. Individuals who commit this offence may be offered the opportunity to

discharge their liability to prosecution through the payment of a fixed penalty of

£1000.

How to apply for your document

Application forms

32. It is important that you ensure that you complete the correct form before you

apply for a document. This will help us to process your application without

unnecessary delay. You should complete the relevant sections of the form as

required and answer all the questions that apply to you and any family members

included in the application.

12

33. If your application contains errors or is missing information it may be rejected as

invalid. Your application will not be considered and your fee will be refunded less an

administration fee of £25 for each person included in the application.

34. The form you should complete will depend upon your circumstances and the

document you are applying for: (i) If you are applying for a yellow registration

certificate confirming that either:

you are self-employed;

you are self-sufficient;

you are a student;

or you are applying for a blue registration certificate confirming that:

you are exempt from the requirement to obtain a work authorisation because you

fall into one of the categories in paragraph 6 above (other than being a family

member of an EEA national who is not Croatian);

you should complete form CR1.

(ii) If you are exempt from worker authorisation because you are a family member of

an EEA national (other than a Croatian) who is exercising Treaty rights in the UK

you should complete form EEA(FM).

The EEA(FM) form can be found on the GOV.UK website.

(iii) If you are applying for a blue registration certificate confirming that you are

exempt from the requirement to obtain a work authorisation document because you

are highly skilled you should complete form CR2. If you are applying for a purple

registration certificate because you need permission to work in the UK you should

complete form CR3.

(iv) If you have obtained a blue or yellow registration certificate and you have family

members who are not nationals of an EEA state, they may apply for a residence card

on form CR4.

(v) If you hold a valid purple registration certificate and you have family members

who are not nationals of an EEA state, they may apply for an accession residence

card on form CR5. To download these forms, please see the Working in the UK as a

Croatian national page on the GOV.UK website.

Documents

35. You must provide all relevant documents, including passports/national identity

cards as appropriate. Unless the application form indicates otherwise, all documents

should be originals. If you cannot provide original documents when applying, you

should explain why and say when you will be able to provide them. If you provide a

https://www.gov.uk/government/publications/apply-for-a-registration-certificate-or-residence-card-for-a-family-member-form-eea-fm


13

certified copy, it should be a copy certified by the body or authority which issued the

original document. To decide your application we need to see the originals of

passports or national identity cards, and if needed to prove a family relationship,

original marriage or civil partnership certificates and birth certificates. If you cannot

supply original documents, it is unlikely that we will approve your application.

Photographs

36. You must provide two identical passport size photographs of yourself and any

family members included in the application. These should be taken against a light

background, be clear and of good quality, and must be full face. They must not show

you or your family members wearing sunglasses or any head covering unless this

has to be worn for religious or cultural reasons. Photographs where the head

covering covers the face will not be acceptable. The photographs you provide will be

reproduced in your and your family members’ documents if the application is

successful. You should therefore ensure that you are content for the photographs to

be used for this purpose.

Evidence of Relationship: Family Members

37. If family members and relatives are applying with you, they will need to submit

documents to prove they are related as claimed. These will normally be in the form

of marriage certificates, civil partnership certificates or birth certificates as

appropriate. The documents submitted must be original.

Evidence of Relationship: Unmarried Partners

38. If you are applying as the unmarried partner of a Croatian national, other EEA

national, settled person or British citizen, you will need to submit documents

demonstrating that you are in a durable relationship with your partner. Unmarried

partners must provide documentary evidence demonstrating they:

live together as a couple, and

are in a durable relationship with, for example, joint financial commitments and

other joint responsibilities.

Evidence may include but is not limited to: joint commitments, such as:

joint bank accounts

investments

tenancy agreements

council tax bills, and

mortgage and insurance documents

14

official correspondence which links both partners to the same address, such as:

utility bills

bank statements

loan agreements, and

letters from government departments

doctors records

Department of Work and Pensions (DWP) records, and

national insurance records

other documents relevant to their relationship, such as:

photographs

evidence of email correspondence or telephone conversations

evidence of travelling together (such as travel tickets or hotel bookings), and

invitations to social events.

You should provide at least six items of evidence, from at least three different

sources, showing you have been living with their partner. The evidence should be

addressed jointly to you and your partner, or clearly link both of you to the same

address.

The evidence should normally show you have lived together for at least two years.

This is not an absolute rule. If the relationship is less than two years old, but it is

clear you are in a durable relationship, the application may be approved if all of the

other requirements are met.

Fees

39. Details of any charge for the application will be included on the relevant

application form. Please be advised that if you are applying for a purple registration

certificate there will be a charge of £65 for the consideration of your application.

Submitting your application

40. You must submit your completed application by post to:

Croatian Applications

PO Box 638

Durham DH1 9LA

15

Posting your application to any other Home Office address will delay it. To help us

record the receipt of your application, we recommend the use of Recorded or Special

Delivery and that you keep the RD or SD number. We return all documents by

Recorded Delivery to a UK address only. Please note that Recorded Delivery does

not insure you to the full value of your package should it become lost. If you want

your passport and other documents returned by Special Delivery which does insure

the full value, you will need to provide a suitably sized Special Delivery envelope with

the correct pre-paid postage.

Documents returned to an overseas address will not be returned by Recorded /

Special Delivery and return will be at your own risk. If you wish to receive

acknowledgement that we have received your application, please include a stamped,

self-addressed A4 sized envelope.

41. We can only consider applications for students, self-employed and self-sufficient

yellow registration certificates if you are already in the UK. Applications from Highly

Skilled individuals will also need to be submitted from inside the UK. If you require a

purple registration certificate you can apply for the document from outside the UK

using form CR3.

If your application is refused

42. If your application for a registration certificate is refused on the grounds that you

are not exercising a Treaty right, you will have a right of appeal and the notice of

refusal will inform you of this. You will not have a right of appeal if the application is

refused on the grounds that you have failed to provide evidence of

identity/nationality, or that evidence is not found to be genuine.

Choosing an immigration adviser

43. The forms, and this guidance, are intended to enable you to make your own

application. If you do engage an immigration adviser to assist you, you should take

care when choosing one. The Office of the Immigration Services Commissioner

(OISC) regulates immigration advisors. You can find information on the GOV.UK

website.

Its website contains a list of authorised advisers. It also has links to websites for

solicitors, barristers and legal executives. If you have a complaint about an

immigration adviser or need other information, the OISC contact details are:

Office of the Immigration Services Commissioner

5th Floor

Counting House

53 Tooley Street

https://www.gov.uk/government/organisations/office-of-the-immigration-services-commissioner

16

London SE1 2QN

Telephone: 0845 000 0046 40.

Alternatively, the Law Society which regulates solicitors in England and Wales, can

help you to find a solicitor. Further information can be found on their website at

www.lawsociety.org.uk or you can contact them on 0870 606 6575. If you wish to

complain about a solicitor you can contact the Law Society’s Consumer Complaints

Service helpline on 0845 608 6565 or write to them at:

The Law Society

Victoria Court

8 Dormer Place

Leamington Spa

Warwickshire CV32 5AE

Complaints about our service

44. If you want advice about how to make a complaint about the service you have

received from the Home Office, please telephone 0870 241 6523 or visit the

GOV.UK website.

Data protection notice

45. All information provided by you to the Home Office will be treated in confidence

but it may be disclosed to other government departments, agencies, local authorities,

the police, foreign governments and other bodies for immigration purposes or to help

them perform their functions. The Home Office may also use information provided by

you for training purposes.

https://www.gov.uk/government/organisations/home-office/about/complaints-procedure

17

Annex A

Charitable organisations regularly engaging voluntary workers

Amnesty International

ATD - Fourth World (Aide a Toute Detresse)

Camphill Village Trust Ltd (See ISBI on Rudolph Steiner Establishments)

Christian Aid

Leonard Cheshire Foundation (Cheshire Homes)

Church of England Children’s Society (The Children’s Society)

Community Service Volunteers (See below)

Corrymeela Community (See below)

Cyrenians

Dr Barnardos

Friends of the Earth

GAP Activity projects Ltd

Guide Association

Inter-Action

International Voluntary Service

L’Arche (see below)

Lee Abbey

National Council of YMCA’s

Oxfam

Salvation Army

Samaritans Incorporated

Save the Children Fund

Scout Association

Simon Community

Society of Friends (Quakers)

18

Sue Ryder Foundation

Time for God

Winged Fellowship Trust

Community Service Volunteers (CSV)

CSV is a registered charity which arranges for voluntary workers to come to the UK

to work for various bodies. As a concession to CSV we do not require the

organisations that the voluntary workers work to be registered charities, but these

voluntary workers must meet the rest of the criteria set out in Annex A (above) to

qualify under the concession.

Corrymeela Community

This organisation operates in Northern Ireland to help bridge the divide between the

two communities. This work is strongly supported by the Northern Ireland Office.

L’Arche Communities

L’Arche is an international federation of communities in which handicapped people

and those who help them live, work and share their lives together. There are 7 such

communities in the UK which are listed below.

L’Arche voluntary workers

L’Arche is a registered charity and overseas nationals coming to the UK to work at

an L’Arche community as voluntary assistants should be considered under the

concession. Such posts may be of a supervisory nature, such as care managers,

house leaders or workshop leaders.

L’Arche communities in the UK:

SECRETARIAT: 10 Briggate

Silsden

KEIGHLEY

West Yorkshire

BD20 9JT BELFAST:

L’Arche Belfast Office

Floor 6

Howard House

1–3 Brunswick Street

19

BELFAST BT2 7GE

BOGNOR REGIS: Bradbury House

51a Aldwick Road

BOGNOR REGIS

West Sussex PO21 2NJ

BRECON: Steeple House

Steeple Lane

BRECON

Powys

LD3 7DJ

EDINBURGH: 132 Constitution Street

Leith

EDINBURGH

EH6 6AJ

INVERNESS: Braerannoch

13 Drummond Crescent

INVERNESS

IV2 4QR

KENT: Little Ewell

Barfrestone

DOVER

Kent

CT15 7JJ

LAMBETH: 15 Norwood High Street

LONDON

SE27 9JU

LIVERPOOL: The Ark

20

Lockerby Road

LIVERPOOL

L7 0HG

PRESTON: 3 Moor Park Avenue

PRESTON

PR1 6AS