Most nationals from the EEA (European Economic Area) and Switzerland are free to come to the UK to live without needing and form of permission.
Nationals from Bulgaria and Romania however, which constitute the new EU member states, may need to go through a registration process and seek official permission before taking up employment in the UK. Work authorisation requirements may be required from the UK Border Agency, which deals with all cases of immigration and work permits from non-EU nationals, including those from the accession states of Hungary, Estonia, Latvia, Poland, Lithuania, Slovakia, Slovenia and the Czech Republic. The exception is self-employed nationals from these states.
Bulgarian and Romanian nationals require an accession worker card before they are able to start working in the UK. However, it is possible to take up work here under special schemes, such as the Sectors Based Scheme and the Seasonal Agricultural Workers Scheme (SAWS). It is not necessary to seek permission from the UK Border Agency in the case of self-employed nationals from Bulgaria or Romania and it is entirely up to the individual concerned whether they apply for a registration certificate to confirm their status and right to work in a self-employed capacity in the UK.
Once a Bulgarian or Romanian national has been continuously and legally working in the UK for a 12-month period, they will no longer require official permission to continue working here and will be able to come and go as they please throughout UK territory. Although it is not legally necessary, they can, at this stage, apply for a registration certificate that confirms their right to both live and work in the UK.
A Romanian or Bulgarian student in the UK may, during term time, work for up to 20 hours per week and full-time whilst on holiday from their course of study. However, they must obtain a certificate (Application Form BR1) to confirm that they are in fact a registered student.
The application process, for an Accession Worker Card, that Romanian or Bulgarian nationals must go through consists of three stages. Firstly, the employer has to apply for a work permit, although there are certain categories of employment for which this is not required. Once this has been obtained and sent to the Home Office, they will issue a letter of approval if they are happy with it. Application form BR3 is then used by the individual concerned to apply for the Accession Worker Card, which the Home Office will return, together with a copy of the letter of approval. The same form can also be used if the employer has applied for a work permit, but the approval letter remains pending. The Accession Worker Card can also be applied for by Bulgarian or Romanian nationals if they are in their country of origin, but have been offered a UK job and are planning to enter the country in the near future.
For more information on Bulgarian and Romanian employment in the UK, contact immigration solicitors such as Duncan Lewis, who will be happy to provide advice and assistance.