There is still much confusion surrounding the whole area of Bulgarian and Romanian rights to work and study in the UK.
Migrants, employers and even advisers at Job Centres and help lines are not always clear about whether or not Bulgarian and Romanian nationals can work in the UK and what documents are required.
Many care industry and catering businesses would like to recruit Romanian, Bulgarian and other European workers, as the Government’s cap on migration, combined with newly imposed restrictions on Tier 2 and Tier 4 routes, has made it increasing difficult to recruit non-EU staff (on work permits and student visas).
But many employers are unaware of the distinct difference between ‘A8’ nationals (Polish, Latvian, Slovakian, Czechs, Hungarians, Slovenians Lithuanians and Estonians), who joined the EU in 2004 and more recent members from
Bulgaria and Romania. Although both groups have the same rights to freely enter the UK, they
do not enjoy the same rights to work, or free movement of labour. See also:
Free Movement of EU nationals explained.
Study route to Yellow and Blue Cards
Romanian and Bulgarians who study vocational or sandwich-type courses, such as
QCF (which replaced NVQ’s this year) in Customer Service, IT, Catering, Hospitality, Construction or Health and Social Care, are allowed to work full time, as stated on the back of their Yellow Cards.
Employers can employ Romanian and Bulgarian workers provided they obtain a yellow card registration certificate allowing them to work in the UK whilst studying for a British qualification.
Provided they stick to the course and work legally for 12 months in line with their course, they will usually be granted a residence ‘Blue Card’ permit.
Some students, perhaps unwilling or unable to pay the fees, drop out of the course as they believe that having obtained a Yellow Card and NI Number they can continue working without further checks.
The Romanian/Bulgarian students and their employers may find themselves in breach of the immigration rules and may therefore lose their eligibility for residence or Blue Card.
UK work restrictions for Bulgarian and Romanian citizens have been extended until the end of 2013.
As employers can be fined up to £5,000 for each illegal worker they employ, they are now looking deeper into their staff files.
Employers also have the option of applying for a work permit provided the job meets the requirements.
Bulgarian and Romanian nationals on the UKBA website
The Home Office or specifically the
UK Border Agency’s (UKBA) website contains a substantial amount of information, guidance and rules, which can be overwhelming and confusing to follow at times.
There is a specific section which explains the restrictions on Bulgarian and Romanian nationals taking employment in the UK. The website states:
‘If you are a Bulgarian or Romanian national, you are free to come and live in the UK. But you must be able to support yourself and your family in the UK without becoming an unreasonable burden on public funds.
‘If you want to work as an employee in the UK, you will need our permission before you start work. Details of the type of work you can take and how to apply for permission to work can be found in the Bulgarian and Romanian nationals section.
‘When you have been working legally as an employee in the UK for 12 months without a break, you will have full rights of free movement and will no longer need our permission to take work. You can then get a registration certificate confirming your right to live and work in the UK, although you are not obliged to do so.’
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