Buddy says:

Yes, following The Accession (Immigration and Worker Authorisation) Regulations 2006 ("The 2006 Regulations) which came into force on 1 January 2007, Bulgarian and Romanian nationals wishing to work in the UK will require a work permit unless they are covered by certain exemptions.

Employer information:

Generally nationals of member states who joined the EU prior to May 2004, are able to undertake employment freely.

Those nationals from countries that joined the EU in May 2004 (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, and Slovenia) have to register with the Home Office under the Worker Registration Scheme (unless they fall under one of the exemptions) before carrying out any form of employment.

Since the 2006 Regulations came into force, at the start of the year, Bulgarian and Romanian nationals can only live and work in the UK if they meet the criteria laid down in the 2006 Regulations for the "worker authorisation scheme." Nationals from Bulgaria and Romania will only have the right to live in the UK under their worker status whilst they are in employment in accordance with the worker authorisation scheme. They do not have the right to come to England to seek work.

If an employer employs nationals from either of these two countries who are in breach of the worker authorisation scheme, the employer will be liable to a £5,000 fine (Regulation 12). Although, if the employer has checked for certain documents, the employer will have a defence (Regulation 12).

There are circumstances under the Regulations whereby, nationals from Bulgaria or Romania are exempt from obtaining worker authorisation. Some of these exemptions are:

• They have leave to enter or remain in the UK with no restriction on employment.
• They have completed, on or after 31 December 2006, 12 months continuous lawful employment in the UK.
• They are married to a UK national or a person in the UK.
• They are a family member of an EU national who has the right to reside and work in the UK.
• They are Highly Skilled Workers, who comply with the current rules for the Highly Skilled Migrants Programme.
• They are a student, and are therefore entitled to work up to 20 hours per week.

Further information on employing migrant workers can be found at http://www.employingmigrantworkers.org.uk/