AIT 1. Paragraphs (2)-(11) of reg 2 of the Accession (Immigration and Worker Authorisation) Regulations 2006 as amended identify 10 separate and free-standing situations in which an A2 national (a national of Bulgaria or Romania) is not an accession State national subject to worker authorisation.
2. So amended (with effect from 16 March 2007), reg 2(2) exempts from worker authorisation an A2 national who on 31 December 2006 was in the UK with leave to remain not subject to any condition restricting employment as well as an A2 national given such leave after that date.
3. Exemption from worker authorisation under the 2006 Accession Regulations as amended does not automatically entitle an A2 national to a registration certificate as a qualified person. It only permits him to be considered in the same way as other EEA nationals: EA (EEA: 3 months residence) Bulgaria [2008] UKAIT 00017 and SH (A2 nationals-worker authorisation exemption) Bulgaria [2009] UKAIT 00020 reaffirmed. Exempt A2 nationals can qualify for a registration certificate under any of the subcategories of qualified person under reg 6 of the Immigration (European Economic Area) Regulations 2006. Non-exempt A2 nationals, by contrast, can only show they are a qualified person under reg 6, as a self-employed person or a self-sufficient person or as a student.
4. In the light of recent European Court of Justice authority, RP (EEA Regs-worker-cessation) Italy [2006] UKAIT 00025 remains good law.
Storey SIJ
[2009] UKAIT 00042
Bailii
England and Wales
Updated: 14 August 2021; Ref: scu.377931
