BR1                                                                                                                    GUI...
Yellow registration certificates                                                                           •	 you were giv...
•	 you are also a citizen of the United Kingdom,                            qualify on this basis you must have obtained  ...
•	 Do you provide the main items of equipment                      http://www.bia.homeoffice.gov.uk/sitecontent/      to d...
Accession worker card                                                      •	 overseas qualified nurses undertaking super-...
able to demonstrate, via an official letter from the                      •	 partners where there is no civil partnershipo...
(except where it was issued pursuant to an applica-                   Accession worker card issued to an au pair or par-ti...
answer all the questions that apply to you and any                      32.	 You must provide all relevant documents,famil...
36.	 We return all documents by Recorded                             uk. Its website contains a list of authorised advis-D...
ANNEX A                                                               (1) has and intends to take up an offer of an au pai...
(4) intends to work in the UK as a minister of reli-                   principal place of business outside the UK and hasg...
to consider your application under Article 10(b) of                   (g) “training and work experience scheme” meansthe D...
ANNEX B                                                                 Time for God                                      ...
BOGNOR REGIS: Bradbury House51a Aldwick RoadBOGNOR REGISWest SussexPO21 2NJBRECON: Steeple HouseSteeple LaneBRECONPowysLD3...
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Guidanceforbulgariaromania0408

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Guidanceforbulgariaromania0408

  1. 1. BR1 GUIDANCE NOTES Version 01/2012 CONTACTING US Our main website address and telephone number for contacting us are given below. OUR WEBSITE Customer Contact Centre (CCC) www.ukba.homeoffice.gov.uk 0114 207 4074 For information about Monday to Thursday 9.00 - 4.45 immigration law and policy, Friday 9.00 - 4.30 the services offered by our Public Enquiry Offices, and to see and download For immigration information application forms and and enquiries related guidance GUIDANCE FOR NATIONALS OF BULGARIA AND ROMANIA ON OBTAINING PERMISSION TO WORK IN THE UK1. The purpose of this guidance is to explainwhat you and your family need to do if you want Types of European documentation that may beto work legally in the UK. It explains how to apply, issued to you if you wish to remain in the UKand what sort of documents you may need. It also for more than three monthsexplains what you can do if you are in the UK for 3. If you want to work in the UK, you may qual-some other purpose (for example, study or self- ify for a registration certificate or Accession workeremployment) and you wish to obtain a document card. Your family members may also qualify for aconfirming your status. registration certificate or an Accession worker card2. As a Romanian or Bulgarian national you are or, if they are non-European Economic Area (EEA)able to move and live freely in any Member State of nationals, a residence card. A description of eachthe European Union (EU). You do not need permis- of these documents is outlined below. You shouldsion under our immigration rules to reside legally in read this guidance before you make an applica-the UK. You will have a right of residence in any EU tion. How to make an application is set out in para-Member State for the first 3 months of residence graphs 30 to 37 of this document.on an unrestricted basis and you can remain legally Blue registration certificatesresident in that state as long as you wish, provid-ing you are exercising a Treaty right as a student, These certificates indicate that the holder can worka self-employed person, or if you are self-sufficient in the UK without restrictions. Blue registration(and not economically active). You will not have certificates are issued to Romanian and Bulgarianan automatic right to reside as a worker in the UK nationals who are highly skilled, or are exempt from(unless you are exempt from work authorisation the requirement to obtain an Accession worker cardrequirements - see paragraph 6 below). (see paragraphs 6-9). Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 1 of 14
  2. 2. Yellow registration certificates • you were given leave to enter or remainThese certificates are issued to Romanian and in the UK before 1 January 2007 and yourBulgarians exercising Treaty rights as self- passport has been endorsed with a conditionemployed persons, self-sufficient persons or allowing you to work legally for a particularstudents. The certificate will state whether the employer or in a particular job (for example,holder is self-employed, self-sufficient or a student if you are already in the UK as a work permitand explain if the holder can legally work in the UK. holder or au pair). If this leave to enter or remain expires, or you wish to change jobsFurther information on self-sufficiency is set out before you have worked legally in the UKon the UK Border Agency website, section 2, for 12 months, you may need to obtain an4.6 at www.ukba.homeoffice.gov.uk/sitecontent/ Accession worker card.documents/policyandlaw/ecis/chapter7. Exemption from the worker authorisationPurple work cards (also known as Accession requirementworker cards) 6. If you are exempt from worker authorisationThese are issued to those Romanian and Bulgarian and want to be employed here, you will not need tonationals who wish to work in the UK but are sub- obtain a work authorisation document. As someoneject to work authorisation. They are issued to work- who is exempt, you will be able to take employmenters and to their authorised family members. without restriction. You can obtain confirmation of this rightly applying for a blue registration certificateResidence cards (but this is not compulsory). Paragraph 7 of thisThese can only be issued to your family members guidance will tell you whether you can work hereif they are non-EEA nationals and you are not sub- without restriction. Paragraph 31 will advise youject to work authorisation. They confirm the holder’s which application form you need in order to applyright of residence under European law. for a blue registration certificate. Further information about exemptions can be found on the UK BorderFamily member residence stamp Agency website at www.ukba.homeoffice.gov.uk/ sitecontent/documents/policyandlaw/ecis/chapter7.These can also only be issued to your family mem-bers if they are non-EEA nationals and you are 7. You will be exempt from the requirement tosubject to work authorisation. obtain authorisation to work in the UK if:Work authorisation • you had leave to enter or remain under the Immigration Act 1971 on 31st December 20064. Unless exempt from work authorisation, and that leave did not place any restrictionsnationals of Bulgaria and Romania are required on taking employment in the United Kingdomto obtain authorisation of their employment if they or they have been issued with such leavewish to work in the UK. If you take employment after that date. You will have such leave if,without obtaining such authorisation you, and for example, you have been given leaveyour employer, may be committing a criminal to remain under the Highly Skilled Migrantoffence (see paragraphs 28 to 29). Programme, as the spouse of a British citizen or as the dependant of a work permit holder;Situations where work authorisation is already orconsidered to be in place • you have been working with permission, and5. You will not need to obtain an Accession without interruption, in the United Kingdomworker card if you are employed on the following for a period of 12 months ending on or afterbasis: 31st December 2006. This may be the case if, for example, you are already present in the • you are coming to the UK under the season- United Kingdom as a work permit holder or in al agricultural workers scheme (SAWS) and some other category that confers permission hold a valid work card issued by a SAWS to take employment (for example, if you are operator; or here as a student and have been in part-time employment continuously for 12 months); or Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 2 of 14
  3. 3. • you are also a citizen of the United Kingdom, qualify on this basis you must have obtained Switzerland, or another EEA state, other than a Higher National Diploma from a recog- Bulgaria or Romania; or nised education institution in Scotland or a Bachelor’s degree, Master’s degree, PhD • you are the family member of a non A2 or equivalent or postgraduate certificate or EEA national exercising a Treaty Right in postgraduate diploma in any subject from a the United Kingdom, or the spouse, or civil recognised education institution in the UK, partner of a British citizen or person with providing that you apply within 12 months of settlement in the United Kingdom; or gaining your qualification. • you are the A2 family member of a Bulgarian If you qualify as a highly skilled individual we will or Romanian national worker who holds a issue a registration certificate confirming that there valid Accession Worker Card or valid SAW are no restrictions on you taking employment in the card except where it was issued pursuant UK. to an application as an authorised family member; or The self-employed and work authorisation • you are the family member of a Bulgarian 10. If you are working in a self-employed capac- or Romanian who is exercising a Treaty ity, and exercising a Treaty right on that basis, you Right as a student, self-sufficient person will not need to obtain authorisation for that work or self-employed person. You will remain although you will need to be able, if challenged, to exempt provided that your sponsor remains demonstrate that you are genuinely self-employed. a student, self-sufficient person or self- If you are exercising a Treaty right as a self-em- employed. ployed person, you may apply for a registration cer- tificate confirming this. • you are the spouse/civil partner/ child under 18 of a person with Leave to Enter/Remain in Please note, it is not a requirement that you do the UK that allows the person to work. so and a registration certificate issued on this basis will not confer a right to take employment8. You may also be exempt if you are a highly on any other basis than self-employment.skilled person. However, in order to qualify as ahighly skilled individual, you will need to demon- 11. In order to determine whether or not a work-strate that you meet certain criteria and obtain a er is employed or self-employed, a non-exhaustiveregistration certificate on this basis (see paragraph list is given below. As a general guide, if someone9). answers ‘Yes’ to all of the following, then they are probably an employee:Highly skilled individuals • Do you have to do the work yourself?9. To qualify as highly skilled, you must either: • Can someone tell you, at any time, what to • meet the criteria for the highly skilled do, where to carry out the work or when and migrants programme as in force on 1 how to do it? January 2007. More details of the highly skilled programme, including the attributes • Can you work a set amount of hours? for which points are awarded, are set out on the UK Border Agency website at www. • Can someone move you from task to task? ukba.homeoffice.gov.uk/workingintheuk/ • Will you be paid by the hour, week or eea/bulgariaromania/applying/. You will not month? be required to satisfy the requirements of this programme in respect of proficiency in • Can you get overtime pay or bonus pay- English language; or ment? • meet the criteria for the approval of leave If a worker answers ‘Yes’ to all of the following, it to remain under the international gradu- will usually mean that they are self-employed: ate scheme (this replaced the science and engineering graduate’s scheme from 7 May • Can you hire someone to do the work or 2007) or Scottish graduates scheme. To engage helpers at your own expense? Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 3 of 14
  4. 4. • Do you provide the main items of equipment http://www.bia.homeoffice.gov.uk/sitecontent/ to do your job, not just the small tools that documents/policyandlaw/ecis/chapter4. many employees provide for themselves? pdf?view=Binary • Do you agree to do a job for a fixed price 13. To qualify for a registration certificate as a regardless of how long the job may take? student you will be required to demonstrate that you are enrolled at a genuine educational institu- • Can you decide what work to do, how and tion. To do this you must provide a letter from the when to do the work and where to provide educational institution to confirm the name of the the services? course and the start and end date. • Do you have to correct unsatisfactory work You must prove that you have sufficient resources in your own time and at your own expense? available (belonging to yourself or a sponsor) not to become a burden on the UK’s social assistanceIf you are unsure whether you qualify as a self- system during your time as a student. You shouldemployed person, you may wish to access the rel- provide documentary evidence from the list below:evant information from Her Majesty’s Revenue andCustoms (HMRC) website at www.hmrc.gov.uk. • Recent bank statements. These can be origi- nals or, if online statements, must either beInformation on obtaining a National Insurance stamped and signed by the bank or accom-Number can be found on the Department for Work panied by a letter from the bank confirmingand Pensions website at www.dwp.gov.uk the account details and that the informationStudents and worker authorisation is correct.12. If you are a student in the UK, you may • Evidence of sponsorship or funding, e.g. aengage in employment for up to 20 hours a week letter from a parent, relative or friend, if theyduring term time and full time work during vacation are supporting or sponsoring you, along withperiods from your course. However, if you wish to their recent bank statements; or a letter con-work, you must first obtain a registration certificate firming a maintenance grantconfirming that you are exercising a Treaty right • A declaration, witnessed by a Commissioneras a student. This will provide authority for you to for Oaths, to state that the applicant will notwork up to 20 hours per week (or full time during become a burden on the statevacation periods from your course of study). Youmay work for more than 20 hours a week during * A Commissioner for Oaths has the power toterm time, if you are on a course of vocational certify the oath of another over documents.training and a work placement is considered tobe a necessary part of the course. The work The register of Education and Training Providersplacement must be of an appropriate length and can be found on the UK Border Agency websiterelevant to your qualification. You must not start at www.ukba.homeoffice.gov.uk/employers/points/your work placement before obtaining a registration sponsoringmigrants/registerofsponsors/. If youcertificate confirming that you are a student. A list are a student and wish to work for more than 20of accredited qualifications can be found on the hours a week during term time (other than as partRegister of Regulated Qualifications website at of vocational training), you will need to obtain anhttp://register.ofqual.gov.uk/. Accession worker card. If you wish to exercise your Treaty right as a student and do not intend toFrom 20 June 2011 we will make it mandatory for work you are not required to apply for a registrationthose applying for a yellow registration certificate certificate.as a student to provide evidence of ComprehensiveSickness Insurance as specified by the Immigration 14. Please be advised that while you can apply(European Economic Area) Regulations 2006. The for a registration certificate confirming your rightsevidential requirements are currently set out in as a student at any time the document will not beAnnex A of Chapter 4 of the European Casework issued until you have begun your course of studyInstructions which can be located via the following or your work placement has been arranged andlink: verified by the UK Border Agency. Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 4 of 14
  5. 5. Accession worker card • overseas qualified nurses undertaking super- vised practice15. You will need an offer of employment inthe UK before we can issue an Accession worker The qualifying requirements for these categoriescard. If your employer has made an application for are set out in Annex A of this guidance and thea work permit and the letter of approval is pend- application form BR3 will tell you what documentarying, you can apply for an Accession Worker Card evidence you will need to provide in support of yourhowever, the card will not be issued until your application.Work Permit application is approved. You mustobtain an Accession worker card before you Employment that does require prior approvalstart work. If you start work before the card has under the work permit arrangementsbeen issued to you, you will be working ille- 17. If your employment does not fall into one ofgally. An Accession worker card will give the name the categories above, an Accession worker cardof the employer but not the job title. Accession will only be issued if your employer has obtainedworker cards for authorised family members will approval of the employment through the existinggive the name of the employer but not the job title. work permit arrangements. This means that yourAn Accession worker card will not be issued for employer will first need to obtain a work permit let-a specified period of time, but it will expire if you ter of approval from the UK Border Agency. Theleave your job. If you change your job, you will criteria and procedures for the issue of letters ofneed to apply for a new Accession work card in approval under the work permit arrangements arerespect of the new employment set out on the UK Border Agency website atEmployment which does not require prior www.ukba.homeoffice.gov.uk/workingintheuk/eea/approval under the work permit arrangements workpermits/workpermitarrangements/.16. Most categories of employment will require Approvals under the work permit arrangementsyour employer to apply for a work permit before you are generally only given for skilled jobs and whereapply for an Accession worker card. However, in suitably qualified resident labour is unavailable tocertain permit-free categories you will only have to fill the vacancy. However, the work permit arrange-apply for an Accession worker card. These catego- ments also include the sectors based schemeries are: (SBS) under which a quota of permits may be • airport-based operational ground staff of an issued for lower skilled jobs in the food processing overseas airline industry. • au pair placements 18. If your employer does obtain a letter of approval under the work permit arrangements this • domestic workers in a private household does not constitute an authorisation to work. You should submit this letter, with a completed form • minister of religion, missionary or member of BR3, as an application for an Accession worker religious order card. You can only start work when you receive your Accession worker card. • overseas government employees 19. Please note that if you hold work permit • postgraduate doctors, dentists and trainee leave that is currently valid you do not need to general practitioners obtain an Accession worker card, provided you are • private servants in a diplomatic household still working for the same employer recorded on the permit. Should you wish to work for an employer • representatives of an overseas newspaper, other than that on your work permit, you will need news agency or broadcasting organisation to obtain a new work permit and an Accession worker card. • sole representatives of overseas businesses Voluntary workers • teachers and language assistants on approved exchange schemes 20. If you are a voluntary worker you will need to apply for a registration certificate as a self-sufficient person, not an Accession worker card. You must be Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 5 of 14
  6. 6. able to demonstrate, via an official letter from the • partners where there is no civil partnershiporganisation, that: but they can show that they are in a ‘durable relationship’. • the activity is purely voluntary and does not The definition of children as family members also involve taking up a salaried post or perma- include step-children and adopted children provided nent position of any kind within the charitable the adoption is recognised by UK law. organisation or entering into any arrange- ment that is likely to constitute a contract of A2 family members of an exempt applicant employment; and 22. Bulgarian and Romanian family members of • the activity is either for a charitable organisa- a Bulgarian or Romanian national who is exempt tion listed in ANNEX B or a registered char- in their own right from work authorisation require- ity or recognised body whose work meets ments are entitled to be issued with a blue registra- the criteria set out in this instruction; and tion certificate confirming that they are also exempt from those requirements. Applications on this basis • the activity is unpaid, or is not likely to be should be submitted on form BR1. subject to payment of the National Minimum Wage and directed towards a worthy cause; A2 family member of a self-employed, a self-suffi- and cient or a student applicant • it is closely related to the aims of the organi- Where a person is a national of Bulgaria and sation; and Romania and is the family member of a Bulgarian or Romanian who is in the UK as a self-employed • it is fieldwork involving direct assistance to person, self-sufficient person or a student, they those the charitable organisation has been will not be required to obtain an Accession worker established to help; and card to take employment in the UK. Such persons can obtain a blue registration certificate confirming • that there are satisfactory arrangements for they can work in the UK on an unrestricted basis. your maintenance and accommodation in the Applications on this basis should be submitted on UK form BR1. Romanian and Bulgarian family mem- bers, who are exempt on this basis, will only remain • you have comprehensive sickness insurance exempt, as long as their sponsor continues to exer- cover in the UK cise their Treaty rights as a self-employed person, • you have sufficient funds not to become a self-sufficient person or student. burden on the UK’s social assistance system Only after a Romanian or Bulgarian family mem- during your time as a voluntary worker ber remains exempt in this way and has workedFamily members lawfully for 12 months (as an employee not as a self-employed person) will s/he acquire exemption21. The family members of an EEA national are from work authorisation in his or her own right.defined in Regulation 7 and 8 of the Immigration A2 family member of a highly skilled applicant(EEA) Regulations 2006. Where a person is a national of Bulgaria orFamily members are defined as: Romania and is the family member of a highly • spouse / civil partner skilled Bulgarian or Romanian, they are entitled • children who are under 21 years of age or to be issued with a blue registration certificate are dependent confirming that they are also exempt from worker • dependent direct relatives in the ascending authorisation. line (i.e. parents, grandparents) A2 family member of an applicant subject to work- • more distant family members who can dem- er authorisation onstrate that they are dependent 23. Where a person is a national of Bulgaria or Romania, and is the family member of a Bulgarian or Romanian who is in the UK as a worker hold- ing a valid Accession Worker card or SAWS Card, Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 6 of 14
  7. 7. (except where it was issued pursuant to an applica- Accession worker card issued to an au pair or par-tion as an authorised family member) they will be ticipant in the SBS.able to access the UK labour market without restric-tion. In this category a family member is defined 27. If you are the family member of an EEAas the spouse, civil partner, direct descendants of national who is a national of Hungary, Czechhis or his spouse or his civil partner under 21 or Republic, Slovakia, Slovenia, Lithuania, Latvia,dependant. Applications for a Blue Registration Estonia or Poland and who is registered underCertificate on this basis should be made on form the Worker Registration Scheme (WRS), and youBR1. intend to work, you will be exempt from worker authorisation requirements and can apply, in your A2 family member of an applicant with permission own right, for a registration certificate confirmingto work under the immigration rules this. Applications on this basis can be submitted on form BR7. However, if you are the family memberBulgarian and Romanian nationals whose spouse of an EEA national (other than a person registeredor civil partner has leave to enter or Remain in under the WRS or a Bulgarian or Romanian subjectthe UK under the 1971 act that allows him/her to to work authorisation) who is exercising a Treatywork in the UK will also be required to obtain an right in the UK and who is applying for a registra-Accession work card in order to take up employ- tion certificate confirming this, you may be includedment in the UK unless they are exempt from the with that person’s application. Such an applicationworker authorisation requirement. Applications on can be submitted on form EEA1 to:this basis should also be submitted on a BR4. European ApplicationsIn such cases where a family member is applying UK Border Agencyon a BR4 the criteria for the issue of such a docu- Lunar Housement to a dependant will not be subject to a skills 40 Wellesley Roadtest or test concerning the availability of resident Croydonlabour. However, you will need an offer of employ- CR9 2BYment in the UK. The applicant must be the familymember of a person subject to work authorisation Working without permissionwho holds a valid work authorisation document.There is no provision to be the authorised family 28. Since 1 January 2007, it has been anmember of an A2 national who has a valid work offence for an employer to employ a Bulgarian orauthorisation document issued to them on the Romanian national who is subject to the require-basis that they themselves are an authorised fam- ment to hold an Accession worker card but doesily member or on the basis that they are an au pair, not have one, or who is undertaking work otherSAWS worker or SBS worker. than that specified in the card. Employers will face a maximum fine upon conviction of £5000 per work-Non-EEA family member of an applicant subject to er.work authorisation 29. You, the worker, will also commit an offence24. Non-EEA family members of a Bulgarian or in these circumstances and if you are prosecutedRomanian holding a work authorisation document and convicted of this offence you could face impris-may apply for a family member residence stamp. onment for up to 3 months. Individuals who commitThey should do so on form BR6 this offence may be offered the opportunity to dis- Non-EEA family member of an applicant not sub- charge their liability to prosecution through the pay-ject to work authorisation ment of a fixed penalty of £1000.25. Non-EEA family members of a Bulgarian or How to apply for your documentRomanian who is not subject to work authorisationand is exercising a Treaty right in the UK can apply Application formsfor a family member residence card and should do 30. It is important that you ensure that you com-so on form BR5. plete the correct form before you apply for a docu- 26. Please note that you will not be able to ment. This will help us to process your applicationobtain work authorisation as an authorised family without unnecessary delay. You should completemember if you are the family member of a person the relevant sections of the form as required andholding a work card under the SAWS or holding an Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 7 of 14
  8. 8. answer all the questions that apply to you and any 32. You must provide all relevant documents,family members included in the application. including passports/ID cards as appropriate. Unless the application form indicates otherwise, all docu- 31. The form you should complete will depend ments should be originals. If you cannot provideupon your circumstances and the document you original documents when applying, you shouldare applying for: explain why and say when you will be able to pro- vide them. If you provide a certified copy, it should(i) If you are applying for a registration certificate be a copy certified by the body or authority whichconfirming that: issued the original document. To decide your • you are self-employed; or application we need to see the originals of pass- • you are self-sufficient; or ports or ID cards, and if needed to prove a family • you are a student; or relationship, original marriage or civil partnership • you are exempt from the requirement to certificates and birth certificates. If you cannot sup- obtain a work authorisation document ply original documents, it is unlikely that we will because you fall into one of the categories approve your application. in paragraph 7 above; you should com- plete form BR1. If you have family mem- Photographs bers and they are nationals of a member 33. You must provide two identical photographs state of the EEA, you may include them in of yourself and any family members included in the your application. application. These should be taken against a light(ii) If you are applying for a registration certificate background, be clear and of good quality, and mustconfirming that you are exempt from the require- be full face. They must not show you or your familyment to obtain a work authorisation document members wearing sunglasses or any head coveringbecause you are highly skilled you should com- unless this has to be worn for religious or culturalplete form BR2. If you have family members and reasons.they are nationals of a member state of the EEA, Photographs where the head covering covers theyou may include them in your application. face will not be acceptable. The photographs you(iii) If you are applying for an Accession worker provide will be reproduced in you and your fam-card you should complete form BR3. ily members’ documents if the application is suc- cessful. You should therefore ensure that you are(iv) If you are applying for an Accession worker content for the photographs to be used for this pur-card as an authorised family member of a worker pose.you should complete form BR4. Fees(v) If you have obtained a registration certificateand you have family members who are not nation- 34. There will be no charge for the considerationals of an EEA state, they may apply for a residence of your application.card on form BR5. Submitting your application(vi) If you have obtained an Accession worker card 35. You must submit your completed applicationand you have family members who are not nation- by post to:als of an EEA state, they may apply for a familymember residence stamp on form BR6. BULGARIA AND ROMANIA CASEWORKING UK BORDER AGENCY(vii) If you are applying for a registration certificate PO BOX 4160as the family member of a person registered under SHEFFIELDthe WRS you may complete form BR7. S1 9DZTo download these forms, please visit the UK Posting your application to any other UKBABorder Agency website at http://www.ukba.homeof- address will delay it. To help us record the receiptfice.gov.uk/workingintheuk/eea/bulgariaromania/ of your application, we recommend the use ofapplying/ Recorded or Special Delivery and that you keep the RD or SD number.Documents Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 8 of 14
  9. 9. 36. We return all documents by Recorded uk. Its website contains a list of authorised advis-Delivery to a UK address only. Please note that ers. It also has links to websites for solicitors, bar-Recorded Delivery does not insure you to the risters and legal executives. If you have a complaintfull value of your package should it become lost. about an immigration adviser or need other infor-If you want your passport and other documents mation, the OISC contact details are:returned by Special Delivery which does insure thefull value, you will need to provide a suitably sized Office of the Immigration Services CommissionerSpecial Delivery envelope with the correct pre-paid 5th Floorpostage. Counting House 53 Tooley StreetDocuments returned to an overseas address will Londonnot be returned by recorded / special delivery SE1 2QNand return will be at your own risk. If you wish to Telephone: 0845 000 0046receive acknowledgement that we have receivedyour application, please include a stamped, self- 41. Alternatively, the Law Society which regu-addressed A4 sized envelope. lates solicitors in England and Wales, can help you to find a solicitor. Further information can be found 37. We can only consider applications for stu- on their website at www.lawsociety.org.uk or youdents, self-employed and self-sufficient registra- can contact them on 0870 606 6575. If you wish totion certificates if you are already in the UK. If complain about a solicitor you can contact the Lawyou require an Accession worker card and have Society’s Consumer Complaints Service helpline onobtained an offer of employment before you come 0845 608 6565 or write to them at:to the UK, you can apply for the document from The Law Societyoutside the UK. Victoria CourtApplications from Highly skilled individuals can also 8 Dormer Placebe submitted from outside the UK. Leamington Spa WarwickshireIf your application is refused CV32 5AE38. If your application for a registration certificate Complaints about our serviceis refused on the grounds that you are not exercis-ing a Treaty right, you will have a right of appeal 42. If you want advice about how to make aand the notice of refusal will inform you of this. complaint about the service you have receivedYou will not have a right of appeal if the application from the UK Border Agency, please telephone 0870is refused on the grounds that you have failed to 241 6523 or visit the UK Border Agency website atprovide evidence of identity/nationality, or that evi- www.ukba.homeoffice.gov.uk/contact/makingacom-dence is not found to be genuine. plaint/. 39. If your application for an Accession worker Data protection noticecard is refused and you wish to have that decision 43. All information provided by you to the UKreconsidered, we will review the decision providing Border Agency will be treated in confidence butyou provide your grounds for reconsideration of our it may be disclosed to other government depart-decision within 28 days. Details of how to request a ments, agencies, local authorities, the police, for-review will be given in your refusal letter. eign governments and other bodies for immigrationChoosing an immigration adviser purposes or to help them perform their functions. The UK Border Agency may also use information 40. The forms, and this guidance, are intended provided by you for training purposes.to enable you to make your own application. If youdo engage an immigration adviser to assist you,you should take care when choosing one. TheOffice of the Immigration Services Commissioner(OISC) regulates immigration adivsers. You canfind information on their website at www.oisc.gov. Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 9 of 14
  10. 10. ANNEX A (1) has and intends to take up an offer of an au pair placement;CATEGORIES OF EMPLOYMENT AND (2) is aged between 17 to 27 inclusive;QUALIFYING REQUIREMENTS FOR THEISSUE OF AN ACCESSION WORKER (3) is unmarried and is not in a civil partnership;CARD andAuthorised categories of employment requiring a (4) is without dependants.letter of approval under the work permit arrange-ments. Domestic worker in a private household Employment under the sectors-based scheme The applicant -(SBS) (1) is 18 and overThe applicant - (2) has been employed for at least a year outside(1) holds a letter of approval under the work permit the UK as a domestic worker under the samearrangements issued under the SBS; and roof as his employer or in a household that the employer uses for himself on a regular basis; and(2) is capable of undertaking the employment spec- (3) intends to be so employed by that employer inified in that letter. the UK.Training or work experience Minister of religion, missionary or member of a religious orderThe applicant - The applicant -(1) holds a letter of approval under the work permit (1) if a minister of religion -arrangements issued under the training and workexperience scheme; and (a) has either been working for at least one year as a minister of religion in any of the five years imme-(2) is capable of undertaking the training or work diately prior to the date on which the application forexperience as specified in that letter. the Accession worker card is made or, where ordi-Work permit employment nation is prescribed by a religious faith as the sole means of entering the ministry, has been ordainedThe applicant - as a minister of religion following at least one year’s full time or two years’ part time training for the min-(1) holds a letter of approval under the work per- istry; andmit arrangements issued in relation to work permitemployment; and (b) holds an International English Language Testing System Certificate issued to him to certify that(2) is capable of undertaking the employment spec- he has achieved level 4 competence in spokenified in that letter. English, and the Certificate is dated not more than two years prior to the date on which the applicationOther authorised categories of employment for an Accession worker card is made;Airport based operational ground staff of an (2) if a missionary, has been trained as a mission-overseas air line ary or has worked as a missionary and is being sent or has been sent to the UK by an overseasThe applicant has been transferred to the UK by an organisation;overseas-owned airline operating services to andfrom the UK to take up duty at an international air- (3) if a member of a religious order, is living or com-port as station manager, security manager or tech- ing to live in a communitynical manager. maintained by the religious order of which he is aAu pair placement member and, if intending to teach, does not intend to do so save at an establishment maintained byThe applicant - his order; and Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 10 of 14
  11. 11. (4) intends to work in the UK as a minister of reli- principal place of business outside the UK and hasgion, missionary or for the religious order of which no branch, subsidiary or other representative in thehe is a member. UK;Overseas government employment (2) intends to work as a senior employee with full authority to take operational decisions on behalf ofThe applicant intends to work in the UK for an over- the overseas firm for the purpose of representingseas government or the United Nations or other it in the UK by establishing and operating a reg-international organisation of which the UK is a istered branch or wholly owned subsidiary of thatmember. overseas firm; andPostgraduate doctors, dentists and trainee (3) is not a majority shareholder in that overseas firm.The applicant - Teacher or language assistantgeneral practitioners The applicant intends to work at an educational(1) is a graduate from a medical or dental school establishment in the UKwho is eligible for provisional or limited registrationwith the General Medical Council or General Dental under an exchange scheme approved by theCouncil and intends to work in the UK as a doctor Department for Children, Schools and Families,or dentist as part of his training; or the Scottish or Welsh Office of Education or the Department of Education, Northern Ireland, or(2) is a doctor, dentist or trainee general practi- administered by the British Council’s Education andtioner eligible for full or limited registration with the Training Group.General Medical Council or the General DentalCouncil and intends to work in the UK as part of his Overseas qualified nursespostgraduate training or general practitioner trainingin a hospital or the Community Health Services. The applicant -Private servant in a diplomatic household (1) has obtained confirmation from the Nursing and Midwifery Council that he is required to undertakeThe applicant - an approved period of adaptation or an approved return to practise programme; and(1) is 18 and over; and (2) has been offered and intends to take up an(2) intends to work in the UK as a private servant in adaptation programmethe household of a member of staff of a diplomaticor consular mission who enjoys and/or a return to practise programme through an Education provider that is recognised by thediplomatic privileges and immunity within the Nursing and Midwifery Councilmeaning of the Vienna Convention on DiplomaticRelations(2). The requirement for Overseas qualified nurs- es as set out in Schedule 1 of The Accession Representative of an overseas newspaper, (Immigration and Worker Authorisation) Regulationsnews agency or broadcasting organisation 2006 states that the applicant must have obtainedThe applicant has been engaged by an overseas permission from the Nursing and Midwifery councilnewspaper, news agency or broadcasting organisa- that he is eligible for admission to the Overseastion outside the UK and is being posted to the UK Nurses Programme. As Bulgaria and Romaniaby that newspaper, agency or organisation to act as joined the EU on the 1st January 2007 they areits representative. no longer eligible for this programme. If you are a national of a relevant European State, have suc-Sole representative cessfully completed a qualification as a nurse responsible for general care or a midwife in an EUThe applicant - member state but you do not qualify for automatic recognition or you cannot meet the practice require-(1) has been employed outside the UK as a rep- ments for acquired rights the NMC will still be ableresentative of a firm that has its headquarters and Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 11 of 14
  12. 12. to consider your application under Article 10(b) of (g) “training and work experience scheme” meansthe Directive and where there are significant differ- the scheme established by the Secretary of Stateences between training undertaken and that which for the purpose of paragraph 116(i) of the immigra-is required in the UK, applicants will be offered the tion rules (requirement for leave to enter the UK foropportunity to make up these differences, details approved training or work experience);of which will be provided in a letter from the NMC.Further details are available on the NMC website at (h) “work permit arrangements” means the arrange-www.nmc-org/ or by telephoning 020 7333 9333. ments published by the Secretary of State (4) set- ting out the labour market criteria to be applied forNotes on Annex A the purpose of issuing the work permits referred to in paragraphs 116(i) (training and work experience1. In this Annex – scheme) and 128(i) of the immigration rules and the immigration employment document referred to in(a) “au pair placement” means an arrangement paragraph 135l(i) (SBS) of the immigration rules;whereby a young person - (i) “work permit employment” means a category of(i) comes to the UK for the purpose of learning employment covered by the work permit arrange-English; ments, other than employment covered by the SBS(ii) lives for a time as a member of an English and the training and work experience scheme.speaking family with appropriate opportunities for (3) Paragraph 135I was inserted by immigrationstudy; and rules changes on 30th May 2003 (Cm 5829).(iii) helps in the home for a maximum of 5 hours (4) These arrangements are published by Workper day in return for an allowance and with two free Permits UK, part of the Home Office, and are avail-days per week; able on Work Permits UK’s website.(b) “letter of approval under the work permitarrangements” means a letter issued by theSecretary of State under the work permit arrange-ments stating that employment by the employerspecified in the letter of the person so specifiedfor the type of employment so specified satisfiesthe labour market criteria set out in those arrange-ments;(c) “member of a religious order” means a personwho lives in a community run by that order;(d) “minister of religion” means a religious function-ary whose main regular duties comprise the leadingof a congregation in performing the rites and ritualsof the faith and in preaching the essentials of thecreed;(e) “missionary” means a person who is directlyengaged in spreading a religious doctrine andwhose work is not in essence administrative orclerical;(f) “sectors based scheme” means the schemeestablished by the Secretary of State for the pur-pose of paragraph 135I(i) (3) of the immigrationrules (requirements for leave to enter the UK for thepurpose of employment under the sectors basedscheme); Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 12 of 14
  13. 13. ANNEX B Time for God Winged Fellowship TrustCHARITABLE ORGANISATIONSREGULARLY ENGAGING VOLUNTARY Community Service Volunteers (CSV)WORKERS CSV is a registered charity which arranges forAmnesty International voluntary workers to come to the UK to work for various bodies. As a concession to CSV we do notATD - Fourth World (Aide a Toute Detresse) require the organisations that the voluntary workers work to be registered charities, but these voluntaryCamphill Village Trust Ltd (See ISBI on Rudolph workers must meet the rest of the criteria set out inSteiner Establishments) Annex A (above) to qualify under the concession.Christian Aid Corrymeela CommunityLeonard Cheshire Foundation (Cheshire Homes) This organisation operates in Northern Ireland to help bridge the divide between the two com-Church of England Children’s Society (The munities. This work is strongly supported by theChildren’s Society) Northern Ireland Office.Community Service Volunteers (See below) L’Arche CommunitiesCorrymeela Community (See below) L’Arche is an international federation of communi-Cyrenians ties in which handicapped people and those who help them live, work and share their lives together.Dr Barnardos There are 7 such communities in the UK which are listed below.Friends of the Earth L’Arche voluntary workersGAP Activity projects Ltd L’Arche is a registered charity and overseas nation-Guide Association als coming to the UK to work at an L’Arche commu- nity as voluntary assistants should be consideredInter-Action under the concession. Such posts may be of a supervisory nature, such as care managers, houseInternational Voluntary Service leaders or workshop leaders.L’Arche (see below) L’Arche communities in the UK:Lee Abbey SECRETARIAT: 10 Briggate SilsdenNational Council of YMCA’s KEIGHLEYOxfam West Yorkshire BD20 9JTSalvation Army BELFAST: L’Arche Belfast OfficeSamaritans Incorporated Floor 6 Howard HouseSave the Children Fund 1–3 Brunswick Street BELFASTScout Association BT2 7GESimon CommunitySociety of Friends (Quakers)Sue Ryder Foundation Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 13 of 14
  14. 14. BOGNOR REGIS: Bradbury House51a Aldwick RoadBOGNOR REGISWest SussexPO21 2NJBRECON: Steeple HouseSteeple LaneBRECONPowysLD3 7DJEDINBURGH: 132 Constitution StreetLeithEDINBURGHEH6 6AJINVERNESS: Braerannoch13 Drummond CrescentINVERNESSIV2 4QRKENT: Little EwellBarfrestoneDOVERKentCT15 7JJLAMBETH: 15 Norwood High StreetLONDONSE27 9JULIVERPOOL: The ArkLockerby RoadLIVERPOOLL7 0HGPRESTON: 3 Moor Park AvenuePRESTONPR1 6AS Guidance For Nationals Of Bulgaria And Romania On Obtaining Permission To Work In The UK (Version 01/2012) - Page 14 of 14

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