The Home Office has quietly issued a 54-page guide titled “Treaty rights: authorisation to work,” setting out in unprecedented detail how caseworkers must verify historic employment records for EU8, EU2 and Croatian nationals who want a British passport or require proof of free-movement rights. Although aimed at HM Passport Office staff, the document is already being scrutinised by immigration lawyers because it clarifies which periods of work between 2004 and 2013 count as “legal employment” under the now-abolished Workers Registration Scheme and Accession Worker Scheme. Applicants must evidence 12 months of continuous authorised work—or exemption—during those transitional years. Failure to do so could see naturalisation refused even if the individual has lived in the UK for more than a decade. For employers the guidance matters because HR files, wage slips and historical P60s may suddenly be requested by long-serving EU staff looking to naturalise. Companies that destroyed older records in line with GDPR retention policies could find themselves scrambling to re-create evidence. Mobility teams are advised to tell affected employees to request HMRC employment histories and gather any surviving contracts now, rather than wait for a Home Office letter with a 14-day deadline. Solicitors note that the guidance also confirms that time spent “job-seeking” while subject to worker authorisation does not count towards treaty-rights residence. This could disadvantage EU nationals who were between contracts during the financial crisis. Appeals are possible but require contemporaneous proof of lawful residence, such as tenancy agreements and utility bills. While the update will close loopholes exploited by fraudulent passport applicants, it risks prolonging case-processing times that already average 13 weeks. EU citizens making citizenship applications this winter should therefore budget extra time before committing to overseas assignments that require an in-date British passport.
Source: GOV.UK – Home Office guidance
