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02 March 2010 / Doron Blum , Matthew Davies
Issue: 7262 / Categories: Features , Immigration & asylum , Employment
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Immigration and asylum update

Bulgarian and Romanian Workers, Application of Chen in self-sufficiency cases, Highly skilled migrant programme, Migration advisory committee

ACCESSION AND AFTER

The Accession (Immigration and Worker Authorisation) Regulations 2006 (SI 2006/3317) came into force on 1 January 2007, and with them the populations of Bulgaria and Romania acquired free movement rights and effective exemption from immigration control. Important derogations from Art 39 of the EC Treaty imposed, for the accession period, a condition of worker authorisation on non‑exempt Bulgarian and Romanian nationals intending to enter the UK labour force. So we arrive at the uncomfortable distinction between A8 nationals admitted in 2004 and A2 nationals. The Home Secretary’s statement on 24 October 2006 cited emerging pressures on housing, education, English language training and the labour market itself as justification for these transitional arrangements and promised annual review.

In practice, they work as follows:

Employment

The authorisation process defaults to the work permit arrangements, so employers must still apply for work permit permission to employ Bulgarian or Romanian nationals under one of

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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