Rights of movement for Bulgarian and Romanian nationals post accession - Q&A

2006-11-18

The Government has announced that it will provide workers from Bulgaria and Romania with gradual access to the United Kingdom's labour market post-Accession. In order to do so, the Government will bring forward secondary legislation that will place restrictions on nationals of those countries? access to the labour market.

From 1st January 2007, as European Economic Area (EEA) nationals Bulgarians and Romanians will be able to move and reside freely in any Member State. They will not require leave to enter or remain to reside legally in the UK.

They will have a right of residence in any Member State for their first 3 months of residence on an unrestricted basis and remain legally resident in that state as long as they wish if exercising a treaty right as a student, a self- employed person, or if not economically active and self-sufficient . But they will not have a right to reside as a worker.

Bulgarian and Romanian Nationals wanting to work in the UK will still need to obtain permission to work before starting any employment.

Full details on how to apply will be posted on Home Office website (www.homeoffice.gov.uk) once regulations have been laid and agreed by parliament. Application forms and application guidance will be provided before accession on 1 January 2007.

Worker Authorisation Scheme

We will require that workers from Bulgaria and Romania will, except where they are exempt from the requirement, obtain a work authorisation document before they commence employment in the United Kingdom.

Those qualifying for such a document will generally be those skilled workers who meet the criteria for the issue of a work permit under the existing work permit arrangements.

However, work authorisation documents will also be issued to lower skilled workers coming to undertake seasonal agricultural work and employment in the food processing sector. Existing schemes for lower skilled work in these sectors will move to being restricted to workers from Bulgaria and Romania.

Working without permission

1. It will be an offence for an employer to employ a Bulgarian and Romanian national who is subject to the requirement to hold a work authorisation document but does not have one, or who is undertaking work other than that specified in the document.

2. The individual will also commit an offence in these circumstances. Legislation will provide for prosecution of this offence, but also a waiver of prosecution if the individual agrees to the payment of a fine.

Post accession Q&A (64 Kb)

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