Romanians and Bulgarians

Since 1st January 2007, as European Economic Area (EEA) nationals, Bulgarians and Romanians have been able to move and reside freely in any EU Member State. They will not require leave to enter or remain to reside legally in the UK. All Bulgarian and Romanian nationals wanting to work in UK will still need to obtain authorisation to work before starting any employment. This authorisation will normally take the form of an Accession Worker Card.

It may be a criminal offence for Bulgarians and Romanians to work in the UK without an Accession Worker Card.

For most workers there are two stages to the process;

• Stage 1 - the UK employer first applies for a "letter of approval" under the work permit arrangements
• Stage 2 - the individual must then apply for an Accession Worker Card

Stage 1

To obtain an Accession Worker Card the individual must have an offer of employment in the UK. To obtain an Accession Worker Card the employer must make an application to the Home Office for a "letter of approval". The employer shall then pass this on to the individual concerned. This can be applied for from the Home Office in Scotland ( Brand Street Govan telephone : 0141 555 1258 ).

Stage 2

This letter must be sent to the Home Office with the appropriate application form. The application form required will depend on the Bulgarian's or Romanian's status. Find out which form you need to complete.

For some types of employment people can apply for an Accession Worker Card without the "letter of approval". (Stage 1)

If the person is employed in one of the following categories they can apply directly to the Home Office for an Accession Worker Card.

• (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

Individuals in the following three categories do not require an Accession Worker Card:

• i) Highly Skilled Workers
• ii) Self Employed
• iii) Students

Highly Skilled Workers (HSMP)

To qualify sufficient points must be scored under the points based system established for the purpose of the existing HSMP. Details can be found on the website HSMP

Please note: Romanian and Bulgarian nationals will not be required to satisfy the requirement of HSMP programme in respect of proficiency in English language or to meet the criteria for the approval of leave to remain under the existing International Graduate Scheme (IGS) or Fresh Talent Working in Scotland Scheme (FT:WISS). For FT:WISS the candidate must have obtained a Higher National Diploma or degree (including a masters or doctorate) from an educational institution in Scotland within twelve months of making the application. To qualify to work in the UK under IGS the individual must have obtained (in any subject) a  Bachelor's degree, a Master's degree or PhD, or a postgraduate certificate or diploma at a UK institution of Higher or Further Education. The Home Office will issue a registration certificate confirming the holder is not subject to any restrictions on taking employment.

Self Employed

If a Bulgarian or Romanian is working in a self employed capacity and exercising a treaty right they will not need to obtain authorisation for that work but will need to demonstrate that they are genuinely self employed. They may apply for a registration certificate confirming their status. NB: a registration certificate issued on this basis will not confer a right to take employment on any other basis.

Students

Students who plan to work for less than 20 hours per week must obtain a registration certificate.
There is no need to obtain a workers registration card.

Students who plan to work for more than 20 hours per week must obtain an accession workers card.

Students not planning to work do not need either registration certificate or accession workers card.

Registration and accession workers cards can be obtained from the Home Office in Scotland ( Brand Street, Govan telephone: 0141 555 1258 ).

Family Members

Please note that Bulgarians and Romanians will not be able to obtain work authorisation as a family member if they are the family member of a person holding a work card under Seasonal Agriculture Workers Scheme.

Where a national of Romania or Bulgaria is a family member of a Bulgarian or Romanian who is in the UK as a worker, self employed, self sufficient or student under any other scheme, individual family members must apply for an Accession Worker Card to be able to take up employment. The application form required will depend on the individual's status. Click below to find out which form requires to be completed.

Bulgarian and Romanian applicants

You can find all the information and forms you need on the Home Office Border and Immigration website:

Employment restriction
Living and working in the UK
Work authorisation forms
Permanent residence form

More information

For further help and detailed advice on living and working in Scotland

Send an email to: info@scotlandistheplace.com

Write to us at:
Relocation Advisory Service
Scottish Government
3rd Floor, Meridian Court
5 Cadogan Street
Glasgow G2 6AT

Telephone from the UK on 0845 602 0297

Telephone from overseas on +44 141 248 2808