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Free Movement of EU nationals explained | Immigration Matters

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Free movement for workers means that every EU national has the right to work, and at the same time live, in any other EU country, according to the European Commission. 

This fundamental freedom laid down in Article 39 of the EC Treaty entitles you to: 

  • look for a job in another country
  • work there without needing a work permit
  • live there for that purpose
  • stay there even after your employment has finished
  • enjoy equal treatment with nationals in access to employment, working conditions and all other social and tax advantages that may help you integrate in the host country

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 common 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.

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.

One employer told me that he thought it was alright to employ a Romanian waitress in his restaurant because she was ‘European and had a National Insurance (NI) number and tax reference’.

Possession of an NI number does not mean a person has the right to work in the UK and is not a ‘statutory defence’ for an employer facing charges or a £10,000 fine for illegal employment.

Many 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.

Immigration Adviser Evelie Padadac said:

‘My employer clients are confused by the rules surrounding Romanian and Bulgarian workers who despite being EU members do not have the automatic right to work here, and they are risking huge fines.’

This week the Home Office has unveiled details of a proposed major overhaul to the Tier 2 working visa route scrapping many of the procedures brought in by the previous Government.

Employers are advised to carry out an annual ‘health check’ or employee file audit to ensure that work permit holders and workers on student visas are still legal and avoid fines of up to £10,000 or even prison.

Evelie Padadac is an OISC registered immigration adviser with Bison Management UK specializing in work and study related visas as well as a file checking audit service for employers. For a free consultation call her on 0208 905 1822.

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:

UK Border Agency taking tough line on illegal working but employers are still confused

CYNTHIA BARKER SAYS EMPLOYERS WHO ISSUE TIER 2 CERTIFICATES IN ERROR SHATTER MIGRANT WORKERS’ LIVES

YES, SENIOR CARERS ARE HAVING PROBLEMS OBTAINING ILR UNDER 5 YEAR RULE

Tier 2 Working visa reforms announced by UK Border Agency

Immigration visa cap grounds Airbus UK recruitment plans

71 shortage occupations to be removed from Tier 2 visas in points-based shake up

Immigration cap on foreign staff will compromise patient care says NHS

Australia to speed up skilled migrant applications to boost economy

If you need any immigration advice or help with Sponsorship or Work Permits, 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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Immigration Adviser, Speaker and Author See also: www.LinkedIn.com Profile - http://www.linkedin.com/profile/edit?trk=hb_tab_pro_top www.Ecademy.com Profile: http://www.ecademy.com/account.php?id=110038 http://www.facebook.com/#!/groups/14119859749/

135 Responses to “Free Movement of EU nationals explained”
Read them below or add one

  1. If someone restricts someones movement than injustice have been made automatically. Can you think about that , restricting someone to walk freely to talk freely to think freely isn’t that freedoms we are talking about which you want to restrict. It’s completely natural when someone want to restrict someones freedom that conflicts occurs. So that is allegorically the same thing like playing with the fire, you never know when it gone’a burn ya.

  2. Who the f*** has right on this planet to restrict movement of anyone?

  3. The UK really needs people like you!

  4. You can f*** yourself with such “laws”. It seems like there are regimes which thinks that justice “has” someone “in its hands” and that one can f*** with it depending on its own interests. When will assholes which thinks that they have invented “justice” and that are so f***ing special in this f***ing planet find out that no one need garbage of politics which you propagate like “so it have to be” because we are some “f***ing special species” and everyone needs to listen to us. So f*** yourself because “you” have shown the whole world how you don’t know what justice is. Because of that you are you where and you will always be scum of this planet.

  5. please tell that what will be the procedure to appeal against a refusal notice by ECO as general visitor with limited right to appeal, from Pakistan.
    I mean,in case of full right to appeal the appellant sends his appeal bundle to Leicester with its appeal fee payment which later on will be heard at UK Courts.

    Is the limited right appeal will also be posted to same address as for full right appeals?????

    Thanks and kindregards

  6. and one more thing,i did not take my course from Mycestic college .its from another one,how can i check if is on the list of the Home office

  7. i have sent my documents in march 2012 and still i have no answer (NCQ yellow card)and i have comprehensive sickness insurance still paying every month.
    i would like to ask you,is it normal that i still have no answer,is that mean i am going to be refused ?and for how long i have to pay the insurance,i thought its just for one year only,but i still have not got the yellow card,is this mean i need to pay until i receive it??
    thank you

  8. […] or EU citizens can freely enter the UK, and other European Union countries, under ‘freedom of movement’ […]

  9. […] But many employers are unaware of the distinct difference between ‘A8’ nationals (Polish, Latvian, Slovakian, Czechs, Hungarians, Slovenians Lithuanians and Estonians), who joined the EU in 2004 and more recent members from Bulgaria and Romania. Although both groups have the same rights to freely enter the UK, they do not enjoy the same rights to work, or free movement of labour. See also: Free Movement of EU nationals explained. […]

  10. “Article 39 of the EC Treaty” ….correct!

  11. […] a so called ‘Blue Card’ registration, which effectively gives them the EEA national ’full free movement rights‘ rights to reside, work or study in the […]

  12. […] though they are EU members, when it comes to employment Bulgarian and Romanian citizens do not have the same rights as other Europeans, for instance from France, Germany, Poland, Slovakia or other A8 Accession […]

  13. […] Critics argue that this unprecedented mass migration is taking jobs away from young Britons and fear that even more British jobs will be at risk when 30 million Bulgarians and Romanians acquire full freedom of movement rights to live and work in the UK from 1 January 2014. See: ‘Free Movement of EU nationals explained’ […]

  14. […] Critic argue that British jobs will be at risk when some 30 million Bulgarians and Romanians acquire full freedom of movement rights to live and work in the UK from 1 January 2014. See: ‘Free Movement of EU nationals explained’ […]

  15. […] to be considering reforms to ‘free movement’ of EU workers and imposing restrictions on the European Union’s free movement of workers, including access to the UK for dependants of EU citizens, and fresh curbs on access to benefits […]

  16. […] circulație” a muncitorilor UE în sensul că ea caută o gamă  largă de restricții vizavi de European Union’s free movement of workers,  inclusiv accesul în UK a persoanelor aflate în întreținerea cetățenilor din UE și noi […]

  17. […] is looking into a number of wide-ranging treaty busting restrictions on the European Union’s free movement of workers, including access to the UK for dependants of EU citizens, and fresh curbs on access to benefits […]

  18. […] Secretary Theresa May is considering a number of wide-ranging restrictions on the European Union’s free movement of workers, including access to the UK for dependants of EU citizens, and fresh curbs on access to benefits […]

  19. […] is looking into a number of wide-ranging treaty busting restrictions on the European Union’s free movement of workers, including access to the UK for dependants of EU citizens, and fresh curbs on access to benefits […]

  20. […] though they are EU members, when it comes to employment Bulgarian and Romanian citizens do not have the same rights as other Europeans, for instance from France, Germany, Poland, Slovakia or other A8 Accession […]

  21. […] though they are EU members, when it comes to employment Bulgarian and Romanian citizens do not have the same rights as other Europeans, for instance from France, Germany, Poland, Slovakia or other A8 Accession […]

  22. […] of those removed were from Bangladesh, India and Pakistan. But EU nationals from Romania are also working illegally without the required […]

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