Bulgaria and Romania - Agreements — Work and Live in the UK

While Bulgaria and Romania joined the EU on 1 January 2007, no additional provision at all was made for their citizens, which means that Bulgarians and Romanians can still enter under the terms of the association agreements and various work permit schemes. The Workers Registration Scheme is not open to their citizens.

Romanian and Bulgarian nationals can either set up as self employed persons or set up a company, which they control.

It must be demonstrated:

• that the applicant is outside any relationship of subordination concerning the choice of activity, working conditions and conditions of remuneration;
   
• that they are working under their own responsibility and in return for remuneration paid directly and in full (Payment may be in the form of money or payment in kind e.g. rent);
   
• ideally they will have several contracts for supplying services;
   
• they will be paying their own National Insurance and tax.

Those who wish to set up companies must demonstrate that they have a controlling interest in the company, that the company is registered in the UK and is trading or providing services in the UK, that the applicant is actively involved in the company and that the company is the owner of the assets of the business.

The basic requirements to make an application to remain in self employment under the Association Agreements are:-

• Sufficient profits from self employment or independent means to maintain and accommodate the applicant and any dependants
   
• No recourse to public funds
   
• No recourse to employment other than the self employed business

The Home Office is entitled to require that the applicant have entry clearance for the purpose of establishing themselves in self employment in the UK.

If the application is successful the applicant and his or her dependants will be granted a single year of leave to remain which is renewable every year for four years after which time the applicant will be able to apply for permanent settlement.

The applicant's spouse will be able to enter into employment after leave is granted. He or she will not require additional work permission.

The following documents should be provided to ensure that the application is in a fit state to satisfy the immigration authorities:

• Passport for relevant country (to establish nationality)
   
• Bank statements or similar indications of financial resources (to show potential for maintenance and accommodation in the UK from own resources pending the business achieving viability)
   
• Profit and loss account and business plans (to show business is viable and that he will not need to have recourse to public funds)
   
• Given the need not to enter into alternative employment, a declaration to effect.
   

The simplest applications are therefore those who arrive in the UK with a visa or are given leave to enter in another capacity and who then make an application to switch.