Dependants of a Bulgarian or Romanian national who is exempt in their own right from work authorisation

The request was successful.

Dear UK Border Agency,

I would like to specify that this questions are not about a specific case and I am not requesting information about myself.

This is a request made under the Freedom of Information Act in order to clarify the general situation of a dependant of a Romanian or Bulgarian national who is exempted from work authorisation in his or her own right after 12 months of lawfull work as an employee not as a self-employed person.

1. Can you confirm that a Romanian or Bulgarian who has worked lawfully for 12 months (as an employee not as a
self-employed person) is exempted from work authorisation in his or her own right and that work authorisation is already considered to be in place?

2. Can you further confirm that, in the case described above, the dependant of a Bulgarian or Romanian national (who has worked lawfully for 12 months and is exempted from work authorisation in his or her own right) is also exempt from work authorisation and the dependant is not required to hold the blue registration certificate prior to taking up employment?

Yours faithfully,

R. Stoian

Freedom Of Information Team ( IND ), UK Border Agency

Dear Radu Stoian

Re: Dependants of a Bulgarian or Romanian national who is exempt in their own right from work authorisation (122803)

Thank you for your recent e mail concerning the above matter. W are currently dealing with your enquiry and will respond shortly.

Kind Regards

UKBA
FOI Team

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BaRC Enquiries,

1 Attachment

Dear Mr Stoian,

 

Thank you for your general enquiry.

 

I can confirm that any Bulgarian or Romanian (EU2) National, who has
completed 12 months of continuous, lawful employment in the UK since 31
December 2006 is exempt from work authorisation requirements. See
Regulation 2(4) of The Accession (Immigration and Worker Authorisation)
Regulations 2006.

 

I can confirm that the EU2 family member of an EU2 National who is exempt
from work authorisation requirements, is also exempt from work
authorisation requirements. See Regulation 2(8) of The Accession
(Immigration and Worker Authorisation) Regulations 2006.

 

If an EU2 National is exempt from work authorisation requirements and is
exercising Treaty rights in the UK, then they may request that they are
issued with a registration certificate as confirmation of their right of
residence under EC law, but is under no requirement to hold such a
document.

 

This information should be viewed in conjunction with the rest of The
Accession (Immigration and Worker Authorisation) Regulations 2006 and its
subsequent amendments as well as The Immigration (European Economic Area)
Regulations 2006 and the European Casework Instructions (ECIs):
[1]http://www.ukba.homeoffice.gov.uk/siteco...
 (specifically section 4.1 of the instructions relating to EU2 nationals)

 

If you have any further general enquires about EU2 casework, there is now
a dedicated email address for you to contact:
[2][email address]

 

I hope you find this information helpful.

 

Regards,

 

 

Adam Jones
Correspondence Officer
North East, Yorkshire & the Humber Region
UK Border Agency
PO Box 3468 SHEFFIELD S3 8WA
Fax: 0114 2072886
E-mail: [3][email address]
For more information please visit our website at:
[4]www.ukba.homeoffice.gov.uk
Providing correspondence support for Accession & Family Casework

[5]cid:image001.png@01CCF13A.1BD67B20

 

 

 

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Dear BaRC Enquiries,

Thank you for your clear reply to my general inquiry.

I would like to bring to your attention the fact that the reference you gave in this paragraph is not accurate:

Quote:
"This information should be viewed in conjunction with the rest of The
Accession (Immigration and Worker Authorisation) Regulations 2006 and its
subsequent amendments as well as The Immigration (European Economic Area)
Regulations 2006 and the European Casework Instructions (ECIs):
[1]http://www.ukba.homeoffice.gov.uk/siteco...
(specifically section 4.1 of the instructions relating to EU2 nationals)
"
End quote.

The pdf that opens is Chapter 7 of ACCESSION STATE NATIONALS WHO JOINED IN MAY 2004 (A8 nationals).
These regulations have come to an end on 30 April 2011 and they didn't apply to Bulgarian or Romanian nationals anyway.

Can you please clarify what is the document, relating to EU2 nationals, that you referred to?

Yours sincerely,

Radu Stoian

BaRC Enquiries,

Thank you for your e-mail to the UKBA Bulgaria and Romania Casework
Enquiries Mailbox. We aim to respond to your enquiry as soon as possible.

We regret that we cannot provide e-mail responses to progress enquiries,
urgent treatment requests or requests for confirmation of receipt of
applications.
For current waiting times, please see our website
[1]http://www.ukba.homeoffice.gov.uk/workin...
or telephone our Customer Contact Centre on 0114 2074074.

Requesting the return of your documents
 
We are able to return your identity documents if you need them urgently.
If you ask us to return your documents we will withdraw your application.
If you reapply with the same, or alternative, identity documents within 30
days we will return your application to its original place in our work
queue.
 
If you reapply more than 30 days after the application is withdrawn your
application will not be returned to its original position and you will
have to wait longer for your application to be processed. For this reason
we strongly suggest that you only ask for your documents to be returned if
you really need them.
 
Sometimes we may be able to consider your application urgently, but only
in the following exceptional circumstances:

* bereavement
* urgent medical treatment
* urgent business travel
* urgent employment start date

 
If we are able to treat your application as urgent and have all the
necessary evidence, we will always try to make a decision. However, if we
need more evidence to make a decision, we will return your documents and
ask you to re-submit them at a later date.
 
You should not make travel plans after you have made your application and
submitted your travel documents, as we can not guarantee that we will be
able to return documents by a specific date.
 
If you need to ask us to return your documents urgently, please e-mail
your request, together with scanned supporting evidence, for example proof
of travel (such as copies of airline tickets or ferry tickets), to
[2][email address] .
 
Due to the high volume of requests we receive we cannot individually
acknowledge your request, and will only fast-track your application in the
exceptional circumstances detailed above.
 
We will make every effort to return your passport or national identity
card to prevent disruption to your travel arrangements, but we cannot
always guarantee this.
Application forms and guidance can be found on our website at:
[3]http://www.ukba.homeoffice.gov.uk/workin...
 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.ukba.homeoffice.gov.uk/workin...
2. mailto:[email address]
3. http://www.ukba.homeoffice.gov.uk/workin...

BaRC Enquiries,

1 Attachment

Dear Mr Stoian,

 

The information you require is towards the bottom of the document (from
page 20 onwards)

 

[1]http://www.ukba.homeoffice.gov.uk/siteco...

 

Please scroll down the document until you reach the relevant section.

 

I hope you find this information helpful.

 

Regards,

 

 

Adam Jones
Temporary Migration - Operational Support (official correspondence)
North East, Yorkshire & the Humber Region
UK Border Agency
PO Box 3468 SHEFFIELD S3 8WA
Fax: 0114 2072886
For more information please visit our website at:
[2]www.ukba.homeoffice.gov.uk
Providing correspondence support for Accession & Family Casework

[3]cid:image001.png@01CCF13A.1BD67B20

 

 

 

 

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Dear BaRC Enquiries,

I found this paragraph that describes the above situation:

[quote]
“Yellow” Registration Certificate holders that have a family member with a Dependant Exempt (Non-Exempt Family Member) linked to their status, will not be able to apply as a dependant of the Blue Registration Certificate holder until that person has completed 12 months continual lawful employment. After 12 months lawful employment has been completed they will then be exempt from worker authorisation and may apply for a “Blue” Registration Certificate as a family member of a person exempt from Worker Authorisation.
[/quote]

In theory they are exempt from Worker Authorisation but in the real world no employer will risk hiring somebody in this situation without proof from UKBA, because of the "lawful" in "12 months lawful employment". As long as UKBA can decide that the employment was not lawful, someone can argue that it is mandatory to apply for a Blue Certificate prior to starting work, otherwise he/she might be working illegally.

Who should decide if those 12 months have been lawful if not UKBA?

Yours sincerely,

Radu Stoian

BaRC Enquiries,

Thank you for your e-mail to the UKBA Bulgaria and Romania Casework
Enquiries Mailbox. We aim to respond to your enquiry as soon as possible.

We regret that we cannot provide e-mail responses to progress enquiries,
urgent treatment requests or requests for confirmation of receipt of
applications.
For current waiting times, please see our website
[1]http://www.ukba.homeoffice.gov.uk/workin...
or telephone our Customer Contact Centre on 0114 2074074.

Requesting the return of your documents
 
We are able to return your identity documents if you need them urgently.
If you ask us to return your documents we will withdraw your application.
If you reapply with the same, or alternative, identity documents within 30
days we will return your application to its original place in our work
queue.
 
If you reapply more than 30 days after the application is withdrawn your
application will not be returned to its original position and you will
have to wait longer for your application to be processed. For this reason
we strongly suggest that you only ask for your documents to be returned if
you really need them.
 
Sometimes we may be able to consider your application urgently, but only
in the following exceptional circumstances:

* bereavement
* urgent medical treatment
* urgent business travel
* urgent employment start date

 
If we are able to treat your application as urgent and have all the
necessary evidence, we will always try to make a decision. However, if we
need more evidence to make a decision, we will return your documents and
ask you to re-submit them at a later date.
 
You should not make travel plans after you have made your application and
submitted your travel documents, as we can not guarantee that we will be
able to return documents by a specific date.
 
If you need to ask us to return your documents urgently, please e-mail
your request, together with scanned supporting evidence, for example proof
of travel (such as copies of airline tickets or ferry tickets), to
[2][email address] .
 
Due to the high volume of requests we receive we cannot individually
acknowledge your request, and will only fast-track your application in the
exceptional circumstances detailed above.
 
We will make every effort to return your passport or national identity
card to prevent disruption to your travel arrangements, but we cannot
always guarantee this.
Application forms and guidance can be found on our website at:
[3]http://www.ukba.homeoffice.gov.uk/workin...
 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.ukba.homeoffice.gov.uk/workin...
2. mailto:[email address]
3. http://www.ukba.homeoffice.gov.uk/workin...

bulrom, UK Border Agency

Dear Radu,

 

Thank you for your e-mail.

 

Many employers may want to see the blue exempt registration certificate.
There are different routes that may lead to exemption, such as if a
student yellow registration certificate holder completes 12 months
continuous legal work, please refer to the forms and the guidance notes
for Bulgarian and Romanian applications for further information, they can
be found through this link : [1]UK Border Agency | Applying to work in the
UK Or by going to the website www.ukba.homeoffice.gov.uk and following
these steps:

o Home
o European nationals
o Bulgarian and Romanian nationals
o Work permits and accession worker cards
o Applying

I hope this information is helpful.

Yours sincerely,

 

Haley Eyre

Customer Contact Centre

North East, Yorkshire and the Humber Region

UK Border Agency (UKBA)

PO Box 3468

Sheffield

S3 8WA

Email: [email address]

Web: www.ukba.homeoffice.gov.uk

 

Accredited to the Customer Service Excellence standard.

 

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