From 1st January 2007, Bulgaria and Romania have acceded to the European Union. The new countries have been classified as A2 (replacing the previous A2 countries of Malta and Cyprus).
Their accession means that news rules have been introduced to restrict access to the labour market and also to the welfare state.
The following section highlights the key changes to the Housing & Council Tax Benefit scheme
A Worker Authorisation Scheme (WAS) has been introduced for;
All workers from Bulgaria & Romania who will all require a Worker Registration Document of some description (as described below)
Basically workers have been divided into three groups;
Highly skilled workers
Skilled workers
Low Skilled workers in food processing sectors and Seasonal Agricultural Workers Scheme (SAWS)
A2 nationals who are highly skilled migrants have unrestricted access to the UK labour market.
Highly skilled migrants will be able to claim JSAIB and, if in receipt of that benefit, HB and CTB while they look for work as they are treated as full EEA nationals.
Highly skilled migrant work seekers will have a right to reside but will need to show that they are habitually resident & they are unlikely to be entitled to IS, PC or HB as this will be a non qualifying right to reside as defined in Habitual Residence Test Changes from 30th April 06
Highly skilled migrant workers are exempt from the habitual residence test. However they will need to provide the following documents to confirm their status for benefit purposes
valid passport, or ID card, and
blue registration certificate annotated to say that they have full access to the UK labour market
If they satisfy the above and also undertake Genuine and Effective Work then they will have access to the Housing & Council Tax Benefit scheme.
Skilled workers are allowed to work in the UK once they have been authorised by the Home Office to work for a particular employer.
The employer will have to show that there is a skill shortage and that there is nobody else to do the job. If they are on a low income they may be able to claim HB and CTB.
While they are working they are exempt from the habitual residence test.
If they stop working before completing 12 months authorised employment they will no longer have a right to reside as a worker.
If they are temporarily sick or incapacitated they will retain their worker status if they are still employed so are exempt from the habitual residence test.
However, if they leave their job as a result of sickness or incapacity they will lose their right to reside as a worker and will not be entitled to benefit
They will need to produce the following documents to prove that they are working legally in the UK
valid passport, or ID card, and
a purple accession work card
If they satisfy the above and also undertake Genuine and Effective Work then they will have access to the Housing & Council Tax Benefit scheme.
Skilled migrants who have completed the 12 months work requirement will gain full EEA worker status and will no longer need permission to work in the UK.
They will, on request, be issued with a blue registration certificate annotated to show that they have unrestricted access to the UK labour market.
Treated as though they are full EEA worker.
Documents to prove that they have legally worked in the UK for 12 months
valid passport, or ID card, and
Blue registration certificate
Those who want to work under the sector based scheme in food processing or under SAWS Operators will need to apply for permission to work before starting work.
The SAWS Operators are as follows;
Concordia Ltd (YSV) – recruits on behalf of farmers throughout the UK
HOPS Labour Solutions – recruits on behalf of farmers throughout the UK
Friday Bridge International Farm Camp – recruits on behalf of farmers in the North Cambridgeshire area only
Sastak Ltd – recruits on behalf of farmers in the Shropshire & Staffordshire areas only
Barway Services Ltd – recruits to meet their own demand for seasonal labour in Cambridgeshire
Haygrove Ltd – recruits to meet their own demand for seasonal labour only in Herefordshire
R&J M Place Ltd (International Farm Camp) – recruits to meet their own demand for seasonal labour only Norfolk
S&A Produce (UK) Ltd – recruits to meet their own demand for seasonal labour only in Herefordshire
Wilkins & Sons Ltd (International Farm Camp) – recruits to meet their own demand for seasonal labour only in Essex
A2 nationals employed under SAWS will only be allowed to work for six months at a time and must have a break of three months between employment spells under SAWS.
During this break they will be allowed to stay in the UK if they are self-sufficient but will not be entitled to claim any income-related benefits as they will lose their EEA worker status.
Click on the image for more details on the SAWS scheme
Workers in food processing will be allowed to work for up to 12 months for one employer. They can also change employers subject to Home Office approval during this period but are not required to have a break between employment spells.
While they are working legally, low skilled A2 nationals will be able to claim HB and CTB if they are on a low income. They are exempt from the habitual residence test while they are working and must produce the following documents to confirm their status
valid passport, or ID Card, and
a purple accession work card for the sector based scheme, or
a SAWS card which states the dates of employment and name of the farm employing the A2 national
Low skilled workers who are employed under the sector based scheme in food processing will gain full EEA worker status once they have completed 12 months as an authorised worker.
They will be issued with a blue registration certificate annotated to show that they have unrestricted access to the UK labour market as per other EEA workers
They will be exempt from the habitual residence test if they have retained their worker status.
They must provide the following
valid passport, or ID Card, and
blue registration certificate
Nationals who are employed under SAWS will not gain full EEA worker status as they are only allowed to work for six months with three month break between employers so cannot accrue a continuous period of 12 months employment…so the rules don’t change for them
The following persons will be exempt from the restrictions;
had leave to enter or remain which allowed them to work freely were working legally in the UK on 31 December 2006 and had been working legally in the UK without interruption for 12 months ending on that date (not 12 months will have to work out full 12 months)
are also a UK national or an EEA national (other than a national of Bulgaria or Romania)
are a spouse or a civil partner of a UK national or of a person settled in the UK
are a family member of an EEA national with a right to reside in the UK under the Home Office EEA Regulations
These are treated in the same way as other EEA nationals who are self-employed and will be able to claim HB and CTB if they are on a low income while they are working.
Self-employed A2 nationals will need to supply the following documents to confirm their status
valid passport, or
ID Card, and
a current CIS card (if employed in the construction industry), or
a letter from HMRC showing their tax reference, and (if available)
a copy of their business accounts
Most A2 nationals must be self-sufficient while they look for work and are unlikely to be entitled to income-based Jobseeker’s Allowance, HB and CTB.
Economically inactive A2 nationals for example lone parents or retired people can come to live in the UK in the same way as other EEA nationals. They have a right to reside here if they are self-sufficient and are unlikely to be entitled to income-related benefits.
They are treated in the same way as students from other EEA countries. Their right to reside requires them to declare that they are self-sufficient and they are unlikely to be entitled to JSA(IB), Income Support (IS), HB or CTB.