Exercising treaty rights as a worker from 1 January 2014
From 1 January 2014 Romanian and Bulgarian nationals who wish to work in the UK are no longer required to obtain prior authorisation from the Home Office. They no longer need an accession worker card or registration certificate as evidence of permission to work or of their right to reside as a worker.
Romanian and Bulgarian nationals have the right to reside in the UK as a job seeker if they are actively seeking work and have a genuine chance of getting a job. These conditions and the relevant requirements of the Immigration (European Economic Area) Regulations 2006 must be met.
In addition, from 1 January 2014, only people who have been resident in the UK for three months will be able to satisfy the Habitual Residence Test, and so access Jobseeker’s Allowance.
This new requirement applies to migrants from all EEA countries coming here to look for work – including British nationals returning to the UK after a period living abroad.
There is also a six month cut-off point for Jobseeker’s Allowance for EEA nationals who come to the UK to look for work, unless the person can provide compelling evidence that they have a genuine prospect of work.
Romanian and Bulgarian nationals can still exercise treaty rights as a student, self-employed person or self-sufficient person as they did before 1 January.
As with all other EEA nationals who exercise treaty rights in this way they must meet the relevant requirements of the Immigration (European Economic Area) Regulations 2006.
From 1 January 2014 Romanian and Bulgarian students are no longer required to apply for a registration certificate in order to engage in part-time and vacation employment, or in employment which forms part of their course of studies.
From 1 January 2014, a Romanian or Bulgarian national exercising treaty rights as a worker, or as a family member of such a person, can apply for a registration certificate which confirms their right to reside. However, this documentation is not mandatory.
Non-EEA national family members (generally spouses, civil partners and children under the age of 21) of a Bulgarian and Romanian national who is exercising a treaty right also have a right to reside in the UK, and can apply for a residence card confirming this right. Again, this documentation is not mandatory.
For more information visit Residence documents for European nationals.
Under the previous Accession Regulations, Romanian and Bulgarian nationals could apply for one of the following:
Their non-EEA national family members could apply for either;
From 1 January 2014, the Home Office will cease to issue some of the documents applied for under the previous restrictions. The table below explains how applications submitted before 1 January will be affected.
|Application form||Document applied for||What will happen from 1 January 2014||What will happen to applications outstanding on 1 January 2014|
|BR1||Registration certificate||Applications will continue to be processed||Applications will continue to be processed and successful applicants will be issued with a blue registration certificate in the same way as any other EEA national.|
|BR2||Blue registration certificate||No longer issued||Outstanding applications will be withdrawn and all documents returned to the applicant.|
|BR3||Accession worker card||No longer issued||Outstanding applications will be withdrawn and all documents returned to the applicant.|
|BR4||Accession worker card to authorised family members||No longer issued||Outstanding applications will be withdrawn and all documents returned to the applicant.|
|BR5||Residence card||Applications will continue to be processed||Applications will continue to be processed.|
|BR6||Family member residence stamp||No longer issued||Outstanding applications will be treated as if they are applications for a residence card. Just like the family residence stamp, the residence card will confirm the right to reside of non-EEA family members of a Romanian or Bulgarian national|
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