TCTM02087 - Entitlement: Residence rules - Right to reside: Right to reside for nationals of Bulgaria and Romania (A2 nationals)

Treaty establishing the European Community; Regulation (EEC) 1612/68, Articles 1 to 6; Council Directive 2004/38/EC; Treaty of Accession; the Accession (Immigration and Worker Authorization) Regulations 2006.

On 1 January 2007, Bulgaria and Romania joined the EU. Under derogation from the Treaty of Amsterdam with these countries, member states that were members before 1st January 2007 were allowed to restrict access to their labour markets for up to five years. In October2006, the Government announced the conditions under which A2 nationals would be allowed to work in the UK. From 1 January 2007, A2 nationals who want to take up employment in the UK will generally need to obtain a worker authorisation document. The document must be issued before the A2 national starts work.

This authorisation document is either:

• a document issued before 1 January 2007 giving that person leave to enter or remain in the UK subject to the condition restricting his or her employment here to a particular employer or category of employment;
• a seasonal agricultural work card (from 1 January 2007, this scheme is restricted to A2 nationals);
• an accession worker card issued in respect of an authorised category of employment for example employment in the sector based scheme or under a work permit or employment as an au pair, a domestic worker, a journalist, a teacher or language assistant, an overseas qualified nurse etc (this list is not exhaustive and is set out fully in the relevant Home Office regulations).

An A2 national who has worked legally and without interruption for a period of 12 months (gaps between work must not exceed 30 days in total) is entitled to full free movement rights and is no longer subject to worker authorisation.

A2 nationals not subject to the Worker Authorisation Scheme are:

• the self-employed;
• A2 nationals who have leave to enter or remain in the UK under the Immigration Act 1971 without restriction on their employment;
• A2 nationals who were legally working in the UK on 31 December 2006 and had been legally working without interruption for 12 months at that date;
• A2 nationals who were working legally and without interruption for a period of 12 months falling wholly or partly after 31 December 2006;
• A2 nationals who are also citizens (dual nationals) of the UK, Switzerland or another EEA country (other than the A2 states);
• A2 nationals who are the spouse or civil partner of a UK national;
• A2 nationals with a permanent right of residence;
• A2 nationals who are providing services in the UK on behalf of an employer who is not established in the UK (a posted worker);
• the family members of an EEA or Swiss national who is working in the UK or living in the UK as a student, job-seeker or self-sufficient person (other than family members of an A2 national subject to worker authorisation); and
• A2 nationals in possession of a registration certificate confirming unconditional access to the UK labour market.

A2 nationals, who are exercising EC Treaty rights as a student, a self-employed or self-sufficient person may, if they wish, seek a European Union Registration Certificate confirming their status. In particular, A2 students studying in the UK can work up to 20 hours per week providing they hold a registration certificate confirming they are an EEA national exercising their Treaty right as a student and are enrolled at an approved college on the Register of Education Providers maintained by the Department for Education and Skills.