(As Bulgaria and Romania were two states that acceded to the EU at the same time their nationals are often referred to as ‘A2 nationals’.)

Registration Certificates

Registration Certificates confirming full access to the UK Labour Market are referred to as Blue Registration Certificates and Registration Certificates confirming limited or no access to the UK Labour Market are referred to as Yellow Registration Certificates.

An A2 national can apply for a Yellow Registration Certificate to prove their right of residence if they are in the UK as a self-employed person, a student or a self-sufficient person. Workers need authorisation before they can apply for a Registration Certificate.  If they are exempt from worker authorisation, workers can apply straightaway for a Blue Registration Certificate as a worker or jobseeker.

If an A2 national is self-employed they will not need any authorisation to work in self-employment.  Although it would be advisable to apply for a Yellow Registration Certificate they are not required to do so.  If the A2 national wants to be an employed worker (i.e. employed by an employer as an employee) they will need to be in authorised employment and will need an Accession Worker Card unless they exempt from worker authorisation.  If the applicant stays with the same employer, they become exempt from worker authorisation after completing 12 months continuous, lawful employment.

A Bulgarian and Romanian national is exempt from worker authorisation if:

• they have permission to remain in the UK which does not place any restrictions on their employment here - for example, if they have temporary or permanent permission to remain here as the partner of a British citizen or a person settled in the UK; or
• they have dual nationality and are also a citizen of another EEA state (including the UK) or Switzerland; or
• they are a family member of a Bulgarian or Romanian national who has an accession worker card; or
• they are a family member of a Bulgarian or Romanian national who is exempt from the need to obtain an accession worker card;
• they are a family member of an EEA national (except a national of Bulgaria or Romania) who is exercising a Treaty right in the UK; or
• they were given permission to enter or remain in the UK before 1 January 2007, and their passport was endorsed with a condition restricting their employment to a particular employer or category of employment; or
• they have been working with permission, and without interruption, in the UK for at least 12 months ending on or after 31 December 2006 (for example, they have been working here with an accession worker card for a year, or are in the UK as a student and have been in part-time employment continuously for a year); or
• they hold a registration certificate confirming that they have unrestricted access to the labour market because they are highly skilled; or
• they hold a registration certificate confirming that they are a student with restricted permission to take employment for less than 20 hours per week (during term time); or
• they are in the UK under the Seasonal Agricultural Workers Scheme (SAWS) and hold a valid work card issued by a SAWS operator; or
• they are providing services in the UK on behalf of an employer established elsewhere in the EEA; or
• they are a member of a diplomatic mission, the family member of a diplomat, or the family member of anyone who has diplomatic immunity.

Accession Worker Cards

Any A2 worker not exempt from worker authorisation needs an Accession Worker Card before they are permitted to work.  There are 2 stages to applying for an Accession Worker Card:

1. The employer must apply for a Work Permit, unless the job will be in a category that does not need a Work Permit.
2. If the employer's application for a Work Permit is approved, the UKBA will send the applicant a letter of approval who must then apply for an Accession Worker Card using application form BR3, enclosing the letter of approval with the application.

A Work Permit is issued for a specific person to do a specific job for a specific time.  Work Permits are not required for the following types of worker:-

• airport-based operational ground staff of an overseas airline
• au pair placements
• domestic workers in a private household
• ministers of religion, missionaries or members of a religious order
• 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 agency
• sole representatives
• teachers or language assistants on an approved exchange scheme
• overseas qualified nurses coming for a period of supervised practice

For any other work, an employer must obtain a Work Permit before they can employ a Bulgarian or Romanian worker.

The employer can apply for a Business and Commercial Work Permit if:

• they are an employer based in the UK; and
• they can employ and have a genuine vacancy for an employee in the UK; and
• they are responsible for the post and the delivery of any project or piece of work; and
• the gross pay and conditions meet the national minimum wage and are what they would give a resident worker; and
• the employment meets the UK legislation, and the employer has ensured that they and the employee have obtained any necessary registration or licensing; and
• the employee is suitably qualified or experienced enough to do the job; and
• there are no suitably qualified or experienced resident workers available.

To qualify for a Business and Commercial Work Permit, the post the employer wants to fill must:

• require a UK degree-level qualification; or
• require a relevant higher national diploma (HND) level qualification; or
• require a HND level qualification, which is not relevant to the post on offer, plus 1 year of relevant full-time work experience at or above national/Scottish vocational qualification (N/SVQ) level 3; or
• require 3 years' full-time experience of using specialist skills gained through doing the type of job for which the permit is needed - this should be at or above N/SVQ level 3; or
• be on the ‘shortage occupation list’

We can advise on the law in respect of A2 nationals, their rights of residence and Registration Certificates and in respect of their family members.  We can assist with applications for Registration Certificates and all applications in respect of rights of residence.