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The A8 and A2 countries: what to expect?
A8 and A2 nationals can apply for a registration certificate only after having completed 12 months of continuous employment in the UK. A8 countries will need to apply under the Worker Registration Scheme unless they are exempt as in the case of self-employed workers. However, the UK Government has decided that nationals of A8 countries will continue to be subject to restrictions for a period of 7 years from the date of accession.
Prior to joining the EEA on 1 January 2007, Romania and Bulgaria had Association Agreements with the UK allowing nationals of the A2 countries to work in the UK if self-employed. The rights of self-employed Romanians and Bulgarian have not been affected since joining the EEA, but workers will need to apply for an accession worker authorisation card under The Accession (Immigration and Worker Regulations) 2006.
Thus, A2 Citizens who have not obtained a right to work through the existing Work Permit arrangements may only work legally in the UK if they can show one of the following documents: a Registration/Residence Certificate or a Registration Certificate to work as a student (for a maximum of 20 hours per week).
It is likely that the UK will vote against any future expansion of the EEA especially in the current economic climate. The most recent Migration Advisory Committee's report stated that "On balance, however, we recommend maintaining the WRS on economic grounds. This is because, if the WRS were to be ended, the labour inflow from the A8 countries would probably be a little larger than otherwise. In these disturbed times, some of the inflow of A8 workers may displace UK workers".
If you have an enquiry relating to your immigration status or your ability to work in the UK, we can help you. Please contact us or call +44 20 3384 3075.
