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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Accession (Immigration and Worker Authorisation) Regulations 2006 (the “2006 Accession Regulations”) with effect from 16th March 2007.

The 2006 Accession Regulations make provision in relation to the entitlement of nationals of Bulgaria and Romania to reside and work in the United Kingdom on the accession of those States to the European Union on 1st January 2007. In particular, the Regulations restrict access to the United Kingdom labour market by Bulgarian and Romanian nationals. The Accession Treaty for Bulgaria and Romania (signed in Luxembourg on 25th April 2005) provides that existing member States can, as a derogation from the usual position under European Community law, regulate access to their labour markets by Bulgarian and Romanian nationals. The restrictions on access to the United Kingdom labour market in the 2006 Accession Regulations were imposed on the basis of that derogation.

One of the terms of the derogation is that the restrictions imposed on access to the labour market must not be more restrictive than those prevailing on the date of signature of the Accession Treaty. The restrictions imposed in the 2006 Accession Regulations were therefore drafted on the basis of the requirements in the Immigration Rules setting out the practice that was followed under the Immigration Act 1971 in relation to allowing nationals from Bulgaria and Romania to work in the United Kingdom prior to the accession of those States.

In relation to students, however, the restrictions imposed in the 2006 Accession Regulations on working in the United Kingdom are more restrictive than those prevailing before accession. Before accession Bulgarian and Romanian students were allowed to work for 20 hours a week during term time and full time during their vacations or as part of their vocational studies whereas under the 2006 Accession Regulations the 20 hour limit applies during term time and vacations and to students working as part of their vocational studies. In addition, before accession Bulgarian and Romanian students were generally allowed to work for four months after the completion of their studies without the requirement for further leave under the Immigration Act 1971.

Regulation 2(2)(c) of these Regulations therefore amends the 2006 Accession Regulations so that Bulgarian and Romanian students can continue to work full time during their vacations or as part of their vocational training and for four months after the completion of their studies without the need for authorisation under the 2006 Regulations. Consequential amendments to take account of this amendment are made by paragraphs (2)(b) and (d) and (3) to (5) of regulation 2 and regulation 3.

Regulation 4 of these Regulations includes a transitional provision providing that Bulgarian and Romanian students who, before 16th March 2007, have been issued with a registration certificate setting out their right to work 20 hours a week can continue to rely on that certificate for the purpose of exercising their more extensive right to work as a result of the amendments made by these Regulations.

In addition, where on accession (31st December 2006) Bulgarian and Romanian nationals had leave to enter or remain in the United Kingdom that was not subject to any condition restricting their employment, or where they are given such leave after that date, the intention is that they should be exempt from the work authorisation requirements set out in the 2006 Accession Regulations even if that leave subsequently expires. A new paragraph has been substituted for paragraph (2) of regulation 2 of the 2006 Accession Regulations to give effect to this intention (regulation 2(2)(a) of these Regulations).