Employing Bulgarians and Romanians

Restrictions on Bulgarians and Romanians will remain until the end of 2013

Although Bulgarians and Romanians have a right to come to the UK, they do not have an automatic right to reside as a worker unless they are exempt. This could be if they have leave to enter under the 1971 Immigration Act with no employment restrictions.

If they are not exempt you as the employer must apply to the UK Border Agency for a 'letter of approval' – this is an old style work permit application.

The individual then applies to the UK Border Agency for an Accession Worker Card (AWC) which they must have before taking up employment with you. The AWC is a Registration Certificate and is purple in colour.

Some Bulgarians and Romanians can obtain the AWC without a letter of approval. This is for 11 categories of work including:

  • Airport operational ground staff of an overseas airline
  • Au pair placements
  • Postgraduate doctors, dentists and trainee general practitioners
  • Teachers or language assistants
  • Overseas qualified nurses coming for a period of supervised practice

However, an AWC is not required if the individual would meet the requirements of some schemes under the Points Based System open to non-EEA people.

For example if someone would meet the criteria of Tier 1 Post Study Work (PSW) or Tier 1 General, they would obtain a Registration Certificate (blue in colour) using form BR2 to show they have permission to work.

Bulgarian and Romanian students can work for up to 20 hours per week during term time and full time during official holidays but they must obtain a Registration Certificate (yellow in colour).

If they are going to work for more than 20 hours per week during term time they need an AWC.

After 12 months of working legally in the UK without a break, Bulgarians and Romanians will have full rights of free movement and no longer need permission to work from the UK Border Agency.

They can apply for a Registration Certificate confirming this but they are not obliged to do so.

More for Bulgarians and Romanians on the UK Border Agency website

Need more help?

Contact our Relocation Advisory Service with any questions about workers relocating to Scotland, including visas and immigration

The service is free of charge.