Immigration Barristers' Blog

A recent European Parliament resolution has said that all EU Member States should lift labour market barriers to Bulgarians and Romanians. It states that there are no real economic justifications for restricting their fundamental right to work and reside in any EU Member State.

EU countries may prolong a temporary ban on Bulgarian and Romanian workers for two additional years, i.e. until December 2013, only if they notify the Commission, by 31st December 2011, of a "serious threat" to their labour markets.

MEPs say that no negative effects have been reported in those Member States that have allowed workers from Member States that joined the EU in 2004 and 2007 onto their labour markets.

Nevertheless, a number of Member States have decided to continue applying restrictions to Romanian ad Bulgarian workers, due more to political pressures than to any justified fear of negative effects on their economies or labour markets, says the resolution.

Recent Eurostat data also show that workers from Romania and Bulgaria have had no significant effect on wages and unemployment rates of the host countries. At the end of 2010, workers from Bulgaria and Romania residing in another EU country represented 0.6% of the total EU population.

The European Parliament asks the European Commission to propose a clear definition of the "serious disturbances of labour markets" required to justify restrictions. Member States that maintain restrictions without "a clear and transparent socio-economic justification of a serious labour market disturbance", in line with Court of Justice rulings, are in breach of the treaties, MEPs say, calling on the Commission to ensure compliance with the principle of free movement.

Austria, Belgium, France, Germany, Ireland, Italy, Luxembourg Malta, the Netherlands and UK all still restrict the access of Bulgarian and Romanian workers to their labour markets. Spain is also restricting Romanian workers' access, with the Commission's approval, until 31st December 2012, due to serious disturbances on its labour market.

Controls to restrict how Bulgarian and Romanian nationals access the UK labour market are to be extended until the end of 2013. This means Romanian and Bulgarian (EU2) nationals seeking to work in the UK will continue to require permission from the UK Border Agency before they can work in the UK.

A report from the independent Migration Advisory Committee looked at the impact on the domestic labour market if the transitional controls were removed. It found that lifting the current restrictions could cause more EU2 nationals to come to the UK to work, particularly in lower skilled occupations where there is greater risk of displacement of resident workers and a negative impact on wages.

Permission to work will normally be given only where the worker has a specific job offer and the work is in skilled employment for which the employer has been unable to find a suitably qualified resident worker. There are also quota-based arrangements for lower skilled jobs in the agricultural and food processing sectors which will stay at the same level for 2012 and 2013.

The extension of the restrictions does not affect the position of those who have already been authorised to take employment in the UK.