European economic area migration including for nationals of Bulgaria and Romania

Nationals of the European Union may exercise freedom of movement rights throughout the Union for employment, business and the purchase of goods and services.

Difficulties can arise for family members of non-EEA origin. Residence certificates and cards can be obtained without fee to the UKBA, but these provide useful confirmation of UK residence and access to indefinite leave or naturalisation if required.

The law relating to non-EEA origin family and extended family members arises from EU Directives and UK Regulations, but must be applied by reference to Determinations of the Asylum and Immigration Tribunal and the Appeal Courts. Analysing individual cases and determining both how to proceed and what evidence will be needed, requires particular care in light of this rapidly changing area of law.

The position with nationals of Bulgaria and Romania, who joined the EU on the 1st January 2007, is transitional to full EEA rights. Although such migrants may freely enter the UK for business, or for the purchase of goods and services, their access to employment is restricted. Below N/SVQ Level 3, access to employment is through the Sectors Based Scheme quotas in the agricultural and food processing sectors. Skilled workers of N/SVQ 3 and above, must seek admission through Tier 1 (General) PBS, the Work Permit Scheme, or from Autumn 2008 Tier 2 PBS.

MfB can advise and assist with preparation of applications before formal pre-assessment; generating or evaluating support documentation; assisting with reviews and appeals.