Romanian and Bulgaria Working Restrictions:

Romanians and Bulgarians will be allowed limited access to the UK from January 2007. They will have a right of residence for just 3 months on an unrestricted basis provided that they are a student, a self employed person or are self sufficient and not economically active. They will not, however, have the automatic right to reside as a worker.

If they wish to work in the UK they will have to obtain a registration certificate or accession worker card depending on circumstances. However, Romanians and Bulgarians that have been working legally in the UK for 12 months ending on or after 31/12/06 will be exempt from getting authorisation to work. Other categories that are exempt include workers on the SAWS (Seasonal and Agricultural Workers) scheme.

Highly skilled workers will need to obtain a registration certificate. They can qualify under the HSMP (Highly SKilled Migrant Programme) or SEGS (Science and Engineering Graduates Scheme) in the usual way, but will be exempt from the English Language requirement of the HSMP. A registration certificate will be issued stating no restrictions on employment.

Self-employed people will not need to obtain authorisation to work although they will need to be able, if challenged, to demonstrate that they are genuinely self-employed. They may apply for a registration certificate but it is not a requirement to do so. A registration certificate will not allow them to take on any work other than on a self-employed basis.

Accession Worker Cards:
Romanians and Bulgarians will need an offer of employment in the United Kingdom before an accession worker card can be issued and they must obtain an accession worker card before they can commence work. An accession worker card will specify the employer of the holder of the document and the occupation or category of employment for which it is issued. An accession worker card will not be issued for a specified period of time but will cease to be valid if the employment for which it has been issued ceases.

Accession worker cards will be issued for the following categories of employment:

• airport-based operational ground staff of an overseas airline
• au pair placements
• domestic workers in a private household
• overseas government employees
• postgraduate doctors, dentists and trainee general practitioners
• private servants in a diplomatic household
• representatives of an overseas newspaper, news agency or broadcasting organisation
• sole representatives of overseas businesses
• teachers and language assistants on approved exchange schemes
• overseas qualified nurses undertaking supervised practice

Other employment can only be undertaken with the usual Work Permit or TWES arrangements.