Employing a Bulgarian or Romanian in Scotland

Since 1 January 2007, as European Economic Area (EEA) nationals, Bulgarians and Romanians have been able to move and reside freely in any EU Member State. However, Bulgarian and Romanian nationals wanting to work in the UK will still need to obtain authorisation to work before starting employment, unless they are exempt from doing so. Authorisation will normally take the form of an Accession Worker Card. 

Bulgarians and Romanians who would otherwise meet the criteria of the  new points based immigration system including Post Study Work can work but must have a Registration Certificate before taking up any employment - this can be obtained by completing form BR2.

The process for obtaining authorisation to work is in two stages:

• The UK employer first applies for a "letter of approval" under the work permit arrangements.
• The Bulgarian and Romanian national must then apply for an Accession Worker Card.

The UK employer should complete the work permit application forms (WP1, WP3, SR1, PD1, MTI1, WPSI and SB1) using the relevant guidance notes. Please visit the UK Border Agency Employer Section  to obtain these forms. 

The qualifying criteria published in these guidance notes must be followed by UK employers when applying for a "letter of approval" to employ Bulgarian and Romanian nationals to work in the UK. However, there are some aspects of the work permit arrangements that will cease to be relevant to Bulgarian and Romanian nationals.  These include:

• Bulgarian and Romanian nationals will cease to be subject to immigration control.  They will no longer require leave to enter or remain and the Home Office will therefore no longer issue Multiple Entry work permits for them
• UK employers are not required to inform the Home Office of a Technical Change of Employment
• An Accession Worker Card will be valid for as long as the Bulgarian or Romanian worker remains in the employment for which the card has been issued. UK employers will not therefore need to seek an extension of the initial approval.
• There will be no restrictions on Bulgarian and Romanian nationals switching from one employment category into another employment category whilst in the UK. If an individual changes jobs, their new employer must apply for another "letter of approval" from the Border and Immigration Agency and the individual must apply for a new Accession Worker Card
• There are no restrictions on Bulgarian or Romanian nationals changing their status in the UK from a worker to a student, self-employed  person or a self-sufficient person
• For applications under the Student Internships and Sectors Based Scheme there is no requirement for Bulgarian or Romanian nationals to be out of the country at the time of an application.   

If an application made under the new points based immigration system the Home Office will issue a "letter of approval". This, on its own, does not authorise work in the UK for a Bulgarian or Romanian national. To obtain authorisation the Bulgarian or Romanian national should upon receipt of the letter of approval complete an application for an Accession worker card on form BR3 and submit the "letter of approval" and the application form to the Home Office. Only on receipt of the Accession Worker Card can the person commence work with an employer.

If the Bulgarian or Romanian national has any dependents who wish to work, study, be self-employed or be self-sufficient in the UK they should to read the  UK Border Agency guidance. 

For certain categories of employment, the Bulgarian or Romanian national will be able to apply to the Home Office for an Accession worker card without the need for an employer to apply for a letter of approval. The Exemptions are:

(a) Airport based operational ground staff of an overseas airline
(b) "au pair" placements
(c) Domestic workers in a private household
(d) Ministers of religion, missionaries or members of a religious order
(e) Overseas government employment
(f)  Postgraduate doctors, dentists and trainee general practitioners
(g) Private servants in a diplomatic household
(h) Representatives of an overseas newspaper, news agency or broadcasting organisation
(i)  Sole representatives
(j)  Teachers or language assistants
(k) Overseas qualified nurses coming for a period of supervised practice

We acknowledge that the process for employing Bulgarians and Romanians can appear complex at first sight. If you require assistance please contact the Relocation Advisory Service.

More helpful information is available at: UK Border Agency website.