AIT (i) The exemption afforded by the Accession (European Economic Area) Regulations 2006 to A2 nationals (nationals of Bulgaria and Romania) legally working in the United Kingdom at the date of accession (1 January 2007) and for an uninterrupted period of 12 months is not contrary to either the relevant Accession Treaty provisions or to the general EU principle of proportionality.
(ii) The decision in EA (EEA: 3 months residence) Bulgaria [2008] UKAIT 00017 is confirmed. Its reasoning is consistent with that applied by the House of Lords in the recent case of Zalewska v Department for Social Development [2008] UKHL 67.
(iii) Albeit as illustrated by the instant case and that of the appellant in EA, the terms of the exemption can result in hard cases, that does not suffice to show they are contrary to Community law.
(iv) For A2 nationals who find themselves just short of being able to meet the requirement of 12 months lawful employment there are no relevant Home Office policy concessions.
[2009] UKAIT 00020
Bailii
England and Wales
Updated: 09 August 2021; Ref: scu.347499