European Union (Accessions) Act 2006

Abed Natur and Daniel Breslin, social security legal advisers at Law Centre (NI), explain the new provisions for freedom of movement and limitations on freedom to work for nationals of Bulgaria and Romania, the two new European Accession Countries (A2).

The European Union (Accessions) Act relates to the Treaty concerning the accession of Bulgaria and Romania to the European Union which was signed in Luxembourg on 25 April 2005. The Accession Treaty provides for the accession of Bulgaria and Romania to the European Union on 1 January 2007. The Act enables the Accession Treaty to be implemented in UK law and provides a power to make provision on entitlement of Bulgarian and Romanian workers to move and reside freely in the UK or any other member state. They do not require leave to enter or remain to reside legally in the UK.

The Accession treaty allows member states to control access to their labour market for up to seven years with a possible review after the first year. Section 2 of the Act sets out this power to make regulations implementing transitional arrangements concerning the free movement of Bulgarian and Romanian workers.

From 1 January 2007, the UK government has decided to limit access to the labour market for A2 nationals by introducing strict quota limits for certain categories of work. The restrictions on employed work for Bulgarian and Roman-ians are now as follows.

• Skilled A2 nationals with the required qualifications such as doctors or computer scientists are allowed to come to the UK on work permits to take up specific occupations where no suitable UK applicants are available.
• A2 nationals with particularly high levels of skills and experience continue to be admitted as they previously were under the Highly Skilled Migrant Programme (HSMG).
• Lower skilled A2 nationals are restricted to those sectors of the economy where low skilled schemes in the UK are in place, such as in the Seasonal Agricultural Workers Scheme and the Sector Based Scheme (food processing). Strict quotas apply which do not allow more than 20,000 workers in total this year. Workers on these schemes have rights to work limited to six months that do not give them access to social security benefits and public housing.

The Workers Registration Scheme that has applied to A8 nationals since 1 May 2004 does not apply to A2 nationals. A2 nationals coming to work in the UK must obtain a worker accession card or a registration certificate that provides access to the labour market. Subsections 3 and 4 of the Act provide that regulations require A2 workers to be registered. For A2 workers (unlike A8 workers) there is no fee payable for the accession worker card.

Bulgarian or Romanian nationals do not need a document if they do not intend to work. The Accession treaty allows the UK to control access to its labour market for up to seven years with a possible review after the first year. A2 nationals who are self employed are able to come and work provided they can show genuine self employment.

Students from Bulgaria and Romania are allowed to study in the UK provided they are registered with approved colleges. Students are also allowed to seek part-time employment but need to obtain a registration certificate. This confirms that they are an EEA national exercising a treaty right as a student and are able to work for up to 20 hours per week.

It is an offence for employers to employ any Bulgarian or Romanian national who does not hold a work authorisation document or who is carrying out work other than that specified in any work authorisation document. Fines may be imposed on employers and employees.

It must be remembered that as from 1 January 2007 the limitations on Bulgarian and Romanian nationals only exist with regard to their access to the labour market. Bulgaria and Romania now enjoy, and have the right to exercise all other free movement rights. As mentioned above, they have the right to establish themselves in business, remain as self sufficient persons and enjoy the automatic right of residence for three months accorded to them by Article 6 of the Citizens Directive 2004/38/EC as implemented in The Immigration (European Economic Area) Regulations 2006. Furthermore, persons authorised to work under national law now have the right to bring their family members to the United Kingdom in keeping with their treaty rights. This right is not subject to derogation.

In addition Bulgarian and Romanian nationals, who have existing leave to enter or remain in the United Kingdom under the Immigration Act 1971 and are not subject to any restriction on employment, are not subject to worker authorisation. Equally, some A2 nationals with current leave prior to the accession date (1 January 2007), would not be subject to worker authorisation.

Once A2 workers have worked continuously for twelve months in the UK, restrictions no longer apply and they have full EU rights.