Nationals of Bulgaria and Romania have been able to reside in the United Kingdom (UK) without Entry Clearance or Leave to Remain since 1 January 2007. If you do not want to work, you do not need a visa, certificate or card.
If you want to work in the UK you may obtain a registration certificate or accession worker card. You need to obtain authorisation for employment.
There are a number of categories that you may submit an application for:
- Accession Worker Card.
- Registration Certificate confirming that you are self employed, self sufficient, a student, exempt from requiring authorisation, highly skilled, or a Bulgarian or Romanian family member of a Registration Certificate holder.
- Family Member Residence Stamp for non-EEA family members of an Accession Worker Card holder.
- Residence Card for non-EEA family members of a Registration Certificate holder.
An accession worker card is not required if you are taking part in the Seasonal Agricultural Workers Scheme (SAWS), or if you obtained Entry Clearance or Leave to Remain before 1 January 2007 in a category that allows employment.
Exemptions
You may work without restriction if you are exempt from authorisation.
You are exempt if you have Leave to Enter without restriction on working in the UK, for example, if you have a Spouse Visa.
If you worked continuously in the UK for one year ending on 31 December 2006 or after this date, you are exempt.
If you provide services within the UK for an employer based outside of the UK, but within the European Economic Area (EEA) you will also be exempt.
Finally, you will also be exempt if you are a family member of an EEA national who is exercising treaty rights in the UK.
Self-employed
If you are exercising a treaty right on the basis of being self-employed in the UK, you do not require permission to be self-employed. You will require a registration certificate showing your status.
Students
If you are exercising a treaty right on the basis of being a student in the UK, you may take up to 20 hours of paid work per week without an accession worker card. You will require a registration certificate showing your status.
If you would like to work more than this, you will require an accession worker card.
Skilled Workers
Highly Skilled Workers do not need permission to work in the UK, as defined by either the Highly Skilled Migrant Programme (HSMP), the Science & Engineering Graduates Scheme, or the Fresh Talent: Working In Scotland Scheme.
You will be granted a registration certificate on this basis, if you meet the criteria of one of these schemes, even though these schemes have ended for anyone that is not a Romanian or Bulgarian national.
Once issued, your registration certificate confirms that you are not subject to employment restrictions.
Accession Worker Card
An accession worker card can be approved only once you have an offer of employment.
Employment Categories
Accession worker cards are issued for these employment categories:
- Work Permit employment
- Training or Work Experience Scheme
- Sole Representative of overseas businesses
- Employment under the Sectors Based Scheme
- Postgraduate doctors, trainee general practitioners, and postgraduate dentists
- Overseas qualified nurses undertaking supervised practice
- Exchange Teachers and exchange language assistants
- Representative from an overseas news agency, broadcasting organisation, or newspaper
- Domestic worker in a private household
- Au pair placement
- Minister of religion, missionary, or member of religious order
- An overseas airline's airport operational ground staff
- Overseas government employment
- Private servant in a diplomatic household
Family members
It is possible for family members to qualify for a registration certificate, an accession worker card, a residence card or a family member residence stamp, depending on the family member's nationality, and personal circumstances.
If your application is refused
If your application for a registration certificate is refused on the basis that you are not exercising a treaty right, you have a right of appeal.
If your application for an accession card is refused, you can request to have the decision reconsidered. You need to provide the grounds for reconsideration within 28 days.
Do I need a lawyer?
Mulberry Finch will advise you on the appropriate avenue for applications on this basis. Once Mulberry Finch have taken on your case, we will provide details of documents that will be required, based on your specific circumstances, to ensure a successful outcome.
I was impressed with speed and accuracy. But more than anything I was impressed with the final result. Well done!
B Milenkovic
July 2011
