Controlled access to UK labour market for Romanians and Bulgarians

A Law Centre (NI) response

September 2007

1.  About Law Centre (NI)

1.1  Law Centre (NI) is a public interest law non-governmental organisation. The Law Centre works to promote social justice and provides specialist legal services to advice organisations and disadvantaged individuals through our advice line and our casework services from our two regional offices in Northern Ireland .  Five specialist lawyers carry out our immigration and asylum work and we represent in a substantial number of all immigration appeals in Northern Ireland .  We are the main advisers on immigration law in Northern Ireland .  We operate an advice line five days a week and answer queries in relation to all aspects of immigration law.  We also facilitate the Immigration Practitioners’ Group which consists of lawyers and voluntary sector organisations. It meets regularly to discuss all aspects of immigration law and practice in Northern Ireland .  This submission has been informed by the work of our immigration practitioners.   

2.  General Comments

2.1  Law Centre (NI) through our representation and advice work for clients from both Bulgaria and Romania have become aware of a number of issues raised by the restrictions placed on those in the UK, from the A2 and A8 nations who wish to work.

2.2 The current Accession Worker Card Scheme is overly complex and places requirements upon the A2 national which do not apply to either a national from the A8 nations or a third country national seeking a work permit.  Most frustratingly for many applicants they are unable to work while their application is being processed.  This can take several weeks, and given that often the individual must remain in the UK as they will have submitted their original passport or ID card, can place a significant financial burden upon the individual, as well as considerable emotional pressure. 

2.3  It is our contention that the requirement for 12 months continuous employment leaves the employee very vulnerable to unscrupulous employers.  We have represented clients from A2 nations who shortly before their 12 months were completed were sacked.  This meant not only that the national had to start all over again but also meant that the employer was able to continue to exploit a group of workers with diminished rights relative to the wider workforce.  This problem is compounded by the decision to reduce the Quota of SBS places, which reduces the opportunities for A2 nationals which gives certain employers greater leverage in exploiting their position.

2.4 It is our experience that Bulgarians and Romanians coming to us for advice are often unable to navigate the complexity of the seven forms (BR1 – BR7), the application process, or indeed the current Home Office website in order to find them in the first instance[1].

2.5 There is currently insufficient material available to assist nationals from Romania and Bulgaria in completing, successfully their applications.  Much of our advice to nationals from both nations is on how to apply.  We worked extensively with both A2 Nationals and Home Office officials early in 2007 to try to provide as comprehensive advice as possible but were often hampered by conflicting or inconsistent advice, which in itself is yet another barrier to these nationals in obtaining lawful employment.

2.6 The problem in Northern Ireland is compounded by the ongoing absence of a Public Enquiry Office in the jurisdiction.  This regrettable situation has been ongoing for a number of years and means that migrants into Northern Ireland are restricted in their opportunities for getting advice on immigration matters within Northern Ireland.  In the face of the increasing layers of immigration legislation, and the fact that legislation and regulations have been amended often in the last 10 years it would assist those nationals from Bulgaria and Romania migrating to Northern Ireland if such a facility was available. 

2.7  We are aware that under the approach taken by the UK government family members of A2 nationals are often in a worse situation than third country national spouses of other third country nationals working within the UK. Similarly the restrictions placed on A2 in accessing social benefits seem to go beyond what was intended in the Accession Treaties and indeed Community law.  We would also note that the current restrictions could have the effect of forcing nationals from Bulgaria and Romania to wait upto 8 years before becoming eligible for permanent residence whereas a third country national would become eligible for Indefinite Leave to Remain after only 5 years.

2.8  The current legislation can leave A2 nationals facing a more convoluted route to being able to work and integrate in the UK than is the case for many third country nationals.  Given that the principles guiding the treatment of Bulgarians and Romanians were to ensure they would be treated no worse that they were before Accession and that these nationals were to be treated no worse than non-EEA third country nationals we would assert that the UK should amend its current approach to bring its dealings with nationals from both countries in line with both principles.

2.9  Finally we would argue that in line with other aspects of Government policy with respect to the employment of migrants in the UK, we believe the cost of policing the system is prohibitive while the economic benefits alone of easing the restrictions are considerable[2].  To this end we would argue for the benefit of both the UK and those nationals from the A2 nations coming here to work that the restrictions placed upon them be reduced significantly and swiftly.