Accessing the labour market

In this section we look at how A2 nationals can access the labour market and their entitlement to unemployment benefit.

Under the transitional arrangements the following general rules apply to Bulgarians and Romanians. There are significant differences for people who were already here legally at the time of accession of their Member State. Advice should be sought in these circumstances.

A2 nationals seeking work

On 18 December 2008 the Home Office announced that Bulgarians and Romanians will not get free access to the British labour market, following advice from the independent Migration Advisory Committee (MAC). See the announcement and the MAC report. It has subsequently been extended until the end of 2013. 

A2 nationals may seek work in the UK as long as they are self-sufficient (which means they cannot access benefits whilst looking for work). However, A2 nationals are only permitted to work in certain circumstances (see below).

A2 nationals seeking work cannot access benefits unless they have been working legally without interruption for 12 months. If, after such a period of work, they cease to be employed they will be able to access the full range of benefits available to UK job seekers.

A2 nationals in work

A2 nationals must, except where they are exempt from the requirement, obtain an Accession Worker Authorisation Document before they commence employment.

For some forms of employment an A2 national can apply directly to the Home Office for this document. This includes the following types of employment:

  • airport based operational ground staff of an overseas air line
  • au pair placements and domestic workers in a private household
  • ministers of religion, missionaries or members of a religious order
  • overseas government employment
  • postgraduate doctors, dentists, trainee general practitioners and overseas qualified nurses
  • private servants in a diplomatic household
  • representative of an overseas newspaper, news agency or broadcasting organisation
  • sole representative
  • seacher or language assistant.

In all other cases the UK employer must register the employment under work permit arrangements and the worker must then apply for the document.

Highly skilled Bulgarian and Romanian migrants are eligible for registration certificates from the Home Office and, once they have obtained them, do not need worker authorisation, nor do people here to undertake Approved Seasonal Agricultural Work (SAWS).

When in work A2 nationals are entitled to the same benefits and other social advantages to which UK nationals are entitled.

Self employed A2 nationals

All EU citizens have the right to establish themselves in other Member States as self-employed. Self-employed A2 nationals do not have to obtain a work permit but must register with the Inland Revenue.

If A2 nationals cease to be self-employed, for reasons other than because they were temporarily unable to work as a result of illness or accident, they must be self-sufficient to remain in the UK.

Further information

Information for Bulgarian and Romanian Nationals is also available from the Home Office website.