There are an estimated 665,000 A8 migrants working in the UK, with 63,000 in Scotland. Many are living in sub-standard, overcrowded and insecure housing, and trapped in exploitative employment, with severe barriers to seeking the protections of employment law, homelessness assistance and the welfare state.
From 1st May 2009, the restrictions on the rights of A8 nationals will end. This will bring equal rights to employment and state support – not just in Scotland and the UK, but across almost every country of the European Economic Area. As the right to a job and a home in this country becomes available, so does the right to choose to up-sticks and look for better conditions elsewhere.
Freedom of movement in the EU
Under European Community law, all citizens of EU member states – plus those of Iceland, Liechtenstein, Norway and Switzerland, the European Economic Area (EEA) – are allowed freedom to move within the EEA to work, study or set up business. The right of freedom of movement is one of the four “pillars” of the European Union.
Accession: transitional restrictions
The only exception is the transitional restrictions that member states can opt to place on nationals of new countries joining the EU through the accession process. This is why nationals of the A8 accession states that joined the EU in 2004 have limited access to labour markets in some countries of the “old EU”.
But from May 1st 2009, EU A8 citizens will gain equal rights to employment and state support across the EU. The restrictions on access to work, public housing and welfare benefits of will end.
Only 4 of 25 EU countries now retain A8 worker ban
This week, President Nicolas Sarkozy of France announced in Warsaw that the work ban on Polish and other Accession “A8” nationals will be lifted earlier than planned. The move will come on July 1, the day France takes over the six-month presidency of the EU.
France had originally opted for the full five-year transition period allowed by the EU, planning to keep its labour market closed until May 2009 – unlike Britain*, Ireland and Sweden who opted for (almost) complete access rights from May 2004.
This leaves only Germany, Austria, Denmark, and Belgium retaining their right to discriminate against the EU freedom of movement rights of A8 nationals. In most of these countries, talks are under way about their next move as the European Commission will require a clear explanation to justify any request to extend barriers up to the last possible moment: until 2011. At the moment, it appears that only Germany and Austria will apply for a continuation past 2009.
From 2nd class guest-worker to citizens with rights?
Migrant workers in Scotland and the UK have been found to be amongst the most vulnerable in the workforce, suffering exploitation from employers and landlords, but finding great difficulties in accessing support. Currently, when an A8 national in the UK loses their job, they also lose most of their entitlements to state support, including welfare benefits, public housing and homelessness assistance (in Scotland, A8 nationals have the right to homelessness assistance, but this is denied by many local authorities, requiring lengthy and difficult legal challenges to access support).
The Scottish economy has unquestionably benefited from the influx of migrant workers in recent years. Many have been working in and boosting the growth of some of the most demanding and least rewarding sectors of the labour market, while living in some of the worst housing.
Are we prepared for equal rights?
Lack of state protection has trapped a large proportion of this sector of the population in a state of poverty, poor housing, homelessness and exploitation. From May 1st 2009, there is an opportunity to help these workers access the their rights. In some cases this will mean providing advice and assistance. In some cases legal help to fight exploitative employers, gangmasters and landlords. In some cases it will mean providing emergency accommodation and a secure home.
The question:
are we prepared to pay the price to retain migrant workers with equal rights, and to support emerging communities? And if not, do we just accept that many will choose to go live and work elsewhere, and the consequences that may have for us?
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Footnotes:
Worker Registration Scheme in the UK
In 2004, the UK introduced the Worker Registration Scheme for EU “A8” nationals of Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia.
Unlike other European citizens working in the UK, A8 nationals must register on this Home Office scheme for any job of over 30 days. Self-employed people are exempt. Registering on the scheme confers the legal Right to Reside in the UK, which also allows access to (in-work) welfare benefits and public housing. (in Scotland, the housing situation is slightly different, with no registration requirement to access to housing and homelessness rights, although this is disputed by some local authorities).
The cost of registering is £90.00. A worker must re-register each time they change employer, but the fee is only payable the first time.
After registered working for a continuous 12 month period, an A8 national need no longer register, can apply for a UK residence permit, and is entitled to free employment rights and has equal state benefits and public housing rights with other UK and EU citizens. The scheme is likely to end in May 2009, when the UK’s right to impose transitional discriminatory restrictions ends, but there is a growing campaign by employers and politicians to end the scheme now.
Accession: The term used to describe the process by which a country joins the EU. In particular in reference to the 10 countries joining the EU on May 1st 2004: Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Hungary, Slovenia, Malta, Cyprus; and on January 1st 2007: Bulgaria and Romania.
Accession 8 (A8): Eight of the 10 Accession countries listed above, minus Malta and Cyprus. The EU freedom of movement of A8 nationals can be restricted until the end of a transitional period in 2009, (or less likely, with EU permission, be extended to 2011). The UK has used this to place certain limitations on rights of A8 nationals, restricting the right to reside to those in registered work, with the effect of restricting access to benefits and Council homelessness assistance to those in registered employment or the self-employed.
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