Bulgarians and Romanians
Who are they?
Bulgaria and Romania are the two newest countries to join the EU.
There are special rules about how people from these countries can work in the UK and these affect their eligibility for housing. In most cases, unless they were already in the UK with permission to work (and so exempted from the authorisation scheme) or married to a UK national, they can only start work if they get authorisation to do so. After working for 12 continuous months with authorisation they get the same rights as other EEA workers.
The rules for people from Bulgaria and Romania who live in the UK and are self-employed, students or self-sufficient people are the same as for other EEA nationals.
What documents do they have?
Bulgarian and Romanian nationals have passports or ID cards from the relevant country. Those who have authorisation to work have different types of documents, depending on the work:
- 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 work in the food processing industry) get an accession worker card
- Students from these countries may also work up to 20 hours a week and get a student registration card
- Seasonal agricultural workers get a SAWS card.
Other Romanian and Bulgarian nationals (students, the self-employed and self-sufficient people) will have the same documentation as other EEA nationals.
What are their housing rights?
Bulgarian and Romanian nationals who are working and authorised or exempted from authorisation are eligible for council housing allocation, homelessness services and housing benefit.
Bulgarian and Romanian nationals who are self-employed are eligible for council housing allocation, homelessness services and housing benefit.
Bulgarian and Romanian nationals who have worked with authorisation or exemption for 12 months have the same rights as other EEA workers and self-employed people.
Bulgarian and Romanian nationals who are students or self-sufficient persons or have a permanent right to reside have the same rights as other EEA nationals.
All Bulgarian and Romanian nationals can apply for accommodation from housing associations.
Further information about relevant regulations.
Are there any particular problems?
The authorisation schemes and other rules about Bulgarians and Romanians only came into force on 1 January 2007 and so many people are not familiar with them.
What are their rights to housing benefit (HB) and council tax benefit (CTB)?
Self-employed persons and workers
Bulgarian and Romanian nationals who are self-employed are eligible for HB/CTB only while they are working.
Bulgarian and Romanian nationals who are working and authorised are eligible for HB/CTB.
In addition the following Bulgarian and Romanian nationals are not required to seek authorisation to work and will also be eligible for HB/CTB if they are working:
- A person who has leave to enter or remain in the UK which was not subject to any condition restricting employment
- A person who meets the criteria for the Home Office highly skilled migrant programme and who holds a registration certificate giving them unrestricted access to the UK labour market
- A person who has 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)
- A person who is also a UK national or a national of another EEA State which is not Bulgaria or Romania (i.e. a person who has dual nationality)
- A person whose spouse or civil partner is a UK national or person with settled status
- A person who has a right of permanent residence
- A person who has been posted to work in the UK by an organisation that is based in another EEA member state.
All others
A national of Bulgaria or Romania who:
- is a person who has completed 12 months' continuous authorised work
- is a person who would not be required to seek authorisation if they were working
- is a student; or
- is a self-sufficient person
will be treated the same as any other EEA national and will have the same rights to HB/CTB whether they are in or out of work. All other Bulgarian and Romanian nationals who are not in work will not be eligible for HB/CTB.
Are there any particular problems?
The authorisation schemes and other rules about Bulgarians and Romanians only came into force on 1 January 2007 and so many people are not familiar with them.