The types of European Documentation issued to Bulgarians or Romanians
Blue Registration Certificates:These certificates indicate that the holder has full Treaty
rights and that their access to the domestic labour market is not restricted. This group
includes highly skilled migrants, spouses or civil partners of a UK national or a person
settled in the UK, and those persons exempt from the requirement to obtain an Accession
worker card.
Yellow Registration Certificates:These certificates indicate that the holder does not have
full access to the labour market. This certificate will state the manner in which the holder is
exercising a Treaty right.
Purple Work Cards (aka Accession worker cards):These are issued to those Romanian
and Bulgarian nationals seeking employment in one of the categories listed in section 1.
The documents issued for these categories do not allow the holder to undertake
supplementary employment. If approved, a purple work card with a serial number
beginning with the letter H is issued.
If the employment does not fall into one of the categories listed in section 1, an Accession
worker card will only be issued if the employer has obtained approval through the work
permit arrangements. This means that the employer will first need to obtain a letter of
approval of the employment under the work permit arrangements Accession worker cards
issued through the work permit arrangements do allow the holder to undertake
supplementary employment (see FAQ section for more information on supplementary
employment). A purple work card with a serial number starting with the letter G is issued
for these cases.
Can a Romanian and Bulgarian student work?
Romanian and Bulgarian nationals who can demonstrate that they are on full time course of
study at an educational establishment recognized by the UK government are issued a
yellow registration certificate. A student who holds a yellow registration certificate can
work up to 20 hours a week during term time and full time during vacation time. If they are
on a course of vocational training they can also work full time as part of that training.
What about working as a self employed person?
EU law allows a citizen of the Union to establish themselves in business in any Member
State. This means a Bulgarian or Romanian national will be allowed to be self employed in
any Member State. Romanian or Bulgarian nationals who are self employed in the UK must
register their business activity with the HM Revenue and Customs and must register to pay
National Insurance contributions as a self employed person. Working “cash in hand” may
result in them being considered as an “illegal worker”
.
Can Bulgarians or Romanians married to British citizens work in the UK?
Yes, Romanian and Bulgarian nationals married to or in a civil partnership with a British
citizen will be exempt from the work authorization scheme. They will be able to apply for a
document confirming their status as the spouse or civil partner of a British citizen and we
will use the current marriage / civil partnership case working procedures (i.e. the same as we
use for non EU nationals married to or in a civil partnership with British citizen) to ensure
that the marriage / civil partnership is bonafide.
Will agencies be able to obtain work permits?
Accession worker cards issued under the work permit criteria will not be approved if the
employer is a recruitment or employment agency. This restriction also applies when the
employment would be supplementary to the job for which the letter of approval has been
issued.
You may apply for settlement if you:
* are a citizen of Bulgaria or Romania;
* entered the UK with a valid visa as a person intending to establish in business under the provisions of an ECAA;
* were given an extension of stay before 1 January 2007 to remain in business under the provisions of the agreement;
* were established in business in the UK, spent a continuous period of five years in the UK in this capacity and are still in that business;
* have submitted audited accounts for the first four years of trading, and management accounts for the fifth year; and
* have sufficient knowledge of language and life in the UK.
Additionally, you must have met the following requirements throughout the five years:
* your share of the profits of the business has been sufficient to maintain and accommodate yourself and any defendants without you needing to seek other work or help from public funds;
* you have not taken or sought other work (apart from your business) in the UK; and
* you have met the requirements in one of the two categories below.
1. If you have established yourself in a company in the UK which you effectively control, the requirements are that:
* you have been actively involved in the promotion and management of the company;
* you have had a controlling interest in the company;
* the company was registered in the UK and has been trading or providing services in the UK; and
* the company owned the assets of the business.
2. If you have established yourself as a sole trader or in a partnership in the UK, the requirements are that:
* you have been actively involved in trading or providing services on your own account or in a partnership in the UK;
* you owned, or together with your partners owned, the assets of the business; and
* in the case of a partnership, your part in the business was not actually employment that you pretended was a business partnership.
There is no fee for making this application.
You must be in the UK to apply. Please do not send us your application more than 28 days before the end of your five-year qualifying period - if you do, we may refuse your application.
When you apply, you will need to show that you have a good knowledge of language and life in the UK unless you are aged under 18 or 65 and over.
