Registration for workers from the European Economic Area (EEA) or Switzerland

Registration for workers from the European Economic Area (EEA)* or Switzerland

Council Directive 2005/36/EC on the recognition of professional qualifications came into effect in the UK on 20 October 2007. Regulations are now in force for the recognition of professional qualifications enabling a relevant individual from the EEA* or Switzerland (‘a relevant individual’) to gain access to the profession in which that individual is qualified and to practise under the same conditions as relevant professionals in the UK.

Individuals seeking to practise as a social worker on a temporary and occasional basis

A relevant individual who wishes to work as a social worker in Scotland on a temporary and occasional basis:

whose qualifications were obtained in the EEA*or Switzerland (‘relevant European State’) or another country
who is legally established in the relevant European State from which the individual originates or in which he/she obtained his/her professional qualifications or in which he/she lawfully practised for the purposes of pursuing the profession (‘home state’) and
who if neither the profession nor the education and training leading to it is regulated in his/her home state has pursued the profession in 2 of the last 10 years

does not require to submit an application for registration to the SSSC. Instead the individual should make a declaration (form of declaration) and submit the following documents to the SSSC in advance of practising as a social worker in Scotland:

proof of nationality of the applicant or, where he/she is not a national of a relevant European State, proof of the Community right on which he/she relies
an attestation certifying that the applicant is legally established in another relevant European State for the purpose of pursuing the activities concerned and that he/she is not prohibited from practising, even temporarily, at the moment of delivering the attestation
evidence of professional qualifications
where applicable, any means of proof that he/she has pursued the activity concerned for at least two years during the previous ten years.

The declaration must be renewed once a year if the individual wants to practise in Scotland in that year.

The SSSC will assess on a case by case basis whether the provision of professional services is on a temporary and occasional basis and will in particular take into account the duration, frequency, regularity and continuity of the provision.

The SSSC will check the individual’s qualifications. This should normally be done within two months. We can impose an aptitude test or a very short adaptation period (‘compensation measure’). We may charge for this, but the charge must be reasonable, proportionate and justified. If the individual does not pass the compensation measure, he/she is not entitled to practise as a social worker in Scotland. The SSSC will request information on good character and conduct from the authorities in the other Member States.

Individuals who qualify under these provisions will be given temporary registration and will be subject to the SSSC Code of Practice for Social Service Workers and the Conduct Rules.

Employers should be aware that such individuals will not have undergone the checks that an applicant goes through before they are accepted for registration with the SSSC. In particular, employers should understand that such individuals will not have been subject to a Disclosure Scotland check by the SSSC. It is an employer’s responsibility to ensure that such checks are made.

Employers will still need to ensure that applicants are ‘fit’ for the particular post on offer by taking up references and where appropriate requiring individuals to provide evidence that they can communicate effectively in English.

Employers are strongly advised to check the professional’s registration status with the SSSC.

Providing services on a temporary and occasional basis is not the same as being employed on a part-time basis. Those wishing to work on a part-time basis must apply to the SSSC for permanent registration.

Applications for permanent registration with the SSSC

The present process of application for registration with the SSSC is unchanged for those wishing to establish themselves on a permanent basis.

Employers will need to continue to ensure that applicants are ‘fit’ for the particular post on offer by obtaining Disclosure Scotland checks, taking up references and where appropriate requiring applicants to provide evidence that they can communicate effectively in English.

For further information please contact the SSSC on: 0845 60 30 891.

*(or someone who is entitled to be treated as an EEA national under EU law)