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European Commission orders Italy to end discrimination against workers with experience and qualifications from another EU country | Immigration Matters

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The European Commission has ‘requested’ Italy to take professional experience and seniority acquired by doctors in another Member State into account when determining their rank or working conditions (like salary, grade career development) in the Italian public sector.

It has also requested Italy, separately, to put an end to its discriminatory rule whereby teachers with qualifications obtained in Italy are awarded additional points when determining their ranking in reserve lists for teaching posts.

The Commission considers that the current rules are discriminatory since they both affect primarily workers of other Member States. Both of the Commission’s requests take the form of a ‘reasoned opinion’ under EU infringement procedures. Italy has two months to bring its legislation in both areas into line with EU law. Otherwise, the Commission may decide to refer Italy to the EU’s Court of Justice.

According to EU law, free movement of workers does not apply to employment in the public sector so access to the public service can be restricted to nationals of the host Member State. However, this derogation has been interpreted in a very restrictive way by the Court of Justice of the EU and only posts that involve public authority and the responsibility for safeguarding the general interest of the State can be restricted to their own nationals. The restriction therefore neither applies to doctors working in the public health institutions, nor teachers working in the public education institutions. Source: European Commission.

Nationals of Bulgaria, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Romania, Slovenia and Slovakia may face temporary restrictions on working in another country, but for no more than 7 years after their countries joined the EU (Bulgaria and Romania joined on 1 January 2007, all the others on 1 May 2004).

A misconception by British employers is that all members of the European Union have the same rights to work here. Wrong. Not all EU members have the right to freely work in the UK.

As members of the European Union, Bulgarians and Romanians have visa-free access to the UK, however, they do not enjoy the same rights to work as the earlier A8 Eastern European EU accession countries such as Poland and Latvia.

Many UK employers overlook the fact that they cannot employ a Romanian or Bulgarian worker in the same way they can a Polish or other A8 accession country citizen.

Some Romanians and Bulgarians register as self employed and start businesses, which is allowed, or work and study on a Yellow Card Visa.

Romanian and Bulgarian Students taking vocational or sandwich courses, such as NVQ in Health and Social Care, are allowed to work full time, as stated on their Yellow Cards

See article:

UK Border Agency launch new website

The newly revised UK Border Agency website has a better look and feel and navigation seems faster, but previously published links to specific pages of the site may no longer exist.

For instance, the link for European Workers is now:

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/applying/

The link for ‘Bulgarian and Romanian nationals‘ is:

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/

The UK Border Agency and Home Office website contains a vast amount of information which can be difficult to wade your way through the guidance and Immigration Rules.

The navigation section for European workers from Bulgaria and Romania also appears to have been simplified although finding specific information is still a challenge.

Confusion remains over the need for Bulgarians and Romanians applying for BR1 Yellow Cards as students to take out Comprehensive Sickness Insurance cover. 

The BR1 Form in Section 9 states:

‘If sections 4 (Students) and 5 (Self-sufficient) have been completed: evidence of ‘Comprehensive Sickness Insurance’ cover in the UK and funds to show you are economically self-sufficient, e.g. a bank statement.’

In other words, the paragraph means you need comprehensive sickness insurance only if you are applying under both ‘student’ and ‘self sufficient’ sections.

Nevertheless, student applicants are being asked to take out private medical insurance policies and are being refused if they fail to supply the correct cover.

What is the correct insurance cover?

One insurance company manager told Immigration Matters that he has been trying to get clarification on the exact requirements from the UK Border Agency for several weeks.

Active Quote offers an easy to use online quotation and application system, but also has telephone support from advisers who are on hand to answer questions.

To obtain a quotation for Comprehensive Sickness Insurance visit the Active Quote website 

See article:

 

UK Border Agency launch new website

The newly revised UK Border Agency website has a better look and feel and navigation seems faster, but previously published links to specific pages of the site may no longer exist.

For instance, the link for European Workers is now:

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/applying/

The link for ‘Bulgarian and Romanian nationals‘ is:

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/

The UK Border Agency and Home Office website contains a vast amount of information which can be difficult to wade your way through the guidance and Immigration Rules.

The navigation section for European workers from Bulgaria and Romania also appears to have been simplified although finding specific information is still a challenge.

Confusion remains over the need for Bulgarians and Romanians applying for BR1 Yellow Cards as students to take out Comprehensive Sickness Insurance cover. 

The BR1 Form in Section 9 states:

‘If sections 4 (Students) and 5 (Self-sufficient) have been completed: evidence of ‘Comprehensive Sickness Insurance’ cover in the UK and funds to show you are economically self-sufficient, e.g. a bank statement.’

In other words, the paragraph means you need comprehensive sickness insurance only if you are applying under both ‘student’ and ‘self sufficient’ sections.

Nevertheless, student applicants are being asked to take out private medical insurance policies and are being refused if they fail to supply the correct cover.

What is the correct insurance cover?

One insurance company manager told Immigration Matters that he has been trying to get clarification on the exact requirements from the UK Border Agency for several weeks.

Active Quote offers an easy to use online quotation and application system, but also has telephone support from advisers who are on hand to answer questions.

To obtain a quotation for Comprehensive Sickness Insurance visit the Active Quote website

See also:

Free Movement of EU nationals explained

EU residency for sale at your nearest Latvian Estate Agency

How to Obtain a Student Visa to Study in the UK

New Countries Eligible to Participate in H-2A and H-2B Programs announced by USCIS

If you need any immigration advice or help with Sponsorship or Tier 2 Working Visas, Visa, ILR, Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

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