Bulgarian & Romanian Nationals

“A 2” Countries

If you are a national of Bulgaria or Romania, you may need to apply for permission or obtain work authorisation from the Home Office before you undertake any sort of employment in the UK. There are two stages to applying for work authorisation. Your employer must apply for a work permit, unless it is a job that does not require a work permit. Once your employer has applied for the work permit and it has been approved, the Home Office we will send you a letter of approval. When you have received this letter, you must apply for an accession worker card. You can apply for a registration certificate if you are in the United Kingdom as a self-employed person, a student or a self-sufficient person. If you are exempted from worker authorisation, you can apply for a registration certificate as a worker or job seeker. You may also qualify as a highly skilled person if you pass the points-based assessment and scored at least 75 points across the following categories:

  • the Master in Business Administration (MBA) provision;
  • qualifications;
  • previous earnings;
  • United Kingdom experience; and
  • age.

Bulgarian and Romanian nationals are also entitled to enter into the UK for low skilled work under the Seasonal Agricultural Workers Scheme and Sector Based Scheme which would allow them to undertake a short-term agricultural work and to work within the food manufacturing sector accordingly.

You may contact us to find out if you could be exempted from obtaining the work authorisation. If you do not fall into the exemption then, you may seek our advice on how to get yourself registered with the work authorisation scheme process, when should you start your registration, how to prepare and submit an application under this scheme. You would also like to find out as to how you could bring your family members to the UK on a visit or temporarily or to live with you permanently and whether they would have any rights to work in the UK. If you are in a relationship with a Non EEA national who has limited leave or no leave to enter into the UK, then you may want to find out the lawful way of getting married in the UK or to live together in a durable relationship. You may also want to know about your settlement rights in the UK.

If Bulgarian and Romanian national work in the UK without satisfying the Accession (Immigration and Worker Authorisation) Regulations 2006 then it can amount to Illegal Working.

 

What are the penalties for Illegal working for Romanian and Bulgarian employees?

If found working illegally employees face an on the spot fine of £1,000 or prosecution and either a £5000 fine and/or 3 months imprisonment.

 What does an employer for face?

They could face prosecution and a £5000 fine. An employer who employs Romanians or Bulgarians working illegally will be liable to prosecution in a Magistrates court under the Accession (Immigration and Worker Authorisation) Regulations 2006. On conviction, the employer will be liable for a fine of up to £5,000. If the fine is not paid, the court can use bailiffs to seize goods and sell them. Alternatively, they can order the employer to be sent to prison.