Bulgarian and Romanian Employees

New rules in relation to the employment of  Bulgarian and Romanian migrants came into place on 01 January 2014.

Bulgarian and Romanian nationals now have no restrictions on their work activities in the UK and are also entitled to claim the same benefits and NHS access as other EU citizens. They no longer need an accession worker card or registration certificate as evidence of permission to work or of their right to reside as a worker. They must however still be legal migrants in the UK before being able to obtain employment, as Romanian and Bulgarian nationals only have the right to reside in the UK as a job seeker if they are actively seeking work with a  genuine chance obtaining gainful employment. There is also a six month cut-off point for Jobseeker's Allowance.

Employers must still remain diligent in verifying that the potential employee is a legal migrant otherwise they will face a fine as a starting point at £15,000 per illegal worker for thier first offence. Further the legislation introduce measures to make directors and partners of limited liability businesses liable for their company’s failure to pay fines for employing illegal workers.

The legislation has scaled down and simplify the processes that employers has to undertake and the checks they have to make before looking to employee a migrant of the above counties. Further more support has been put in place to aid employers here. The Home Office website has a lot of information that we recommend reading before seeking to employee either of the above migrants.

For more information... http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/

Published: 06 Jan 2014

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