Contents:
Who are they?
If you are a citizen of Bulgaria or Romania special rules apply as to your rights to work as an employee which also affect your rights to housing and benefits.
In most cases you can only work as an employee if you have received authorisation to do so from the UKBA: but there are some exceptions - see below. Once you have been in employment for a continuous period of 12 months with authorisation you will have the same rights as other EEA workers.
What documents might you be asked for?
Your passport or ID card from the relevant country is proof of nationality. If you are required to have authorisation to work you be asked to show one of the following (depending on the type of work), if applying for benefits or housing:
- Highly skilled workers have a registration certificate which is given on a blue card.
- People with a job offer for which a permit can be granted (skilled work where there is a labour shortage, doctors and dentists, domestic employment, some other specific work) get a purple accession worker card.
- Students from these countries may also work up to 20 hours a week and get a yellow student registration card (they do not get workers' rights from this work, however, just student rights).
- Seasonal agricultural workers get a SAWS card.
What are your rights to housing and benefits?
All Bulgarians and Romanians
You can apply for accommodation direct from a housing association but you may be refused if you do not have enough money to pay the rent and cannot access housing benefit.
If you are self-employed, a student or self-sufficient person
If you are self-employed, a student or self-sufficient your rights are the same as other EEA nationals with the same status.
If you are a jobseeker
If you are jobseeker who has not yet worked in the UK you are not eligible for housing, housing benefit or homelessness assistance.
If you are working as an employee
If you are working while authorised you are eligible for help to pay your rent. If you are working on the SAWS scheme your employer is expected to provide you with accommodation.
If you apply for housing or homelessness help in England you are eligible, but only if you are working while authorised or exempted.
If you apply for housing or homelessness help in Wales you are eligible if you are habitually resident in the UK, Channel Islands, Isle of Man or the Republic of Ireland or if you are working while authorised or exempted (when you will not have to satisfy the habitual residence test).
If you were an authorised worker who is not now working
If you have not yet completed the 12 months as an authorised worker but are no longer working, you are not eligible for help to pay your rent or for an allocation of housing or for homelessness help in England. You become eligible if you can get new authorisation and start working again.
In Wales, you are not eligible for help to pay your rent, but you are eligible for an allocation of housing or for homelessness assistance as long as you are habitually resident.
Bulgarian and Romanian workers are often told that they are not entitled to housing, homelessness assistance or benefits in the first year when they are authorised to work. This is not true. Get advice if this happens to you.
Which Bulgarians and Romanians are exempt from worker authorisation?
Certain workers from Romania and Bulgaria are allowed to work without restrictions (i.e. they are not required to seek authorisation to work). If you are exempt you will have the same rights to housing and help with your rent as other EEA workers.
You are not required to seek authorisation to work if you:
- have legally worked (i.e. had an appropriate form of leave or authorisation) in the UK for a continuous period of 12 months (whether that period started before, on or after 1 January 2007)
- have leave to enter or remain in the UK which was not subject to any condition restricting employment
- meets the criteria for the UKBA highly skilled migrant programme and you hold a registration certificate giving you unrestricted access to the UK labour market
- have dual nationality as a British citizen or as a national of another EEA state which is not Bulgaria or Romania
- are the spouse or civil partner of a UK national or person with settled status
- have a permanent right of residence
- are the spouse, registered civil partner or child of a person who has leave to enter the UK provided the terms of that leave allows the person you are accompanying to work
- you are the husband, wife, civil partner or child under 18 of a Bulgarian or Romanian person who has worker authorisation
- are a family member of an EEA national (other than a Bulgarian or Romanian)
- are a student who works for less than 20 hours per week and who holds a registration certificate which allows you access to the UK labour market for up to 20 hours per week
- have been posted to work in the UK by an organisation that is based in another EEA member state.
