UK Guardian: EU Students say permit delays are putting degrees at risk

An article in the UK Guardian reports how delays for work permits are damaging the employment opportunities for Romanian students. One student, Emilia Gheorghe, described how, as a second-year university student, she should be beginning work at a summer school, trying to boost her CV and help her obtain post-graduate employment. Instead, she is forced to wait for the UK Border Agency (UKBA) to process her application for a work permit. She submitted her application over eighteen months ago, and she still has not heard a decision. This delay has forced her into limbo, without permission to work, and she is missing valuable opportunities as a result.

The situation that Gheorghe is in is not unique. At least a few dozen other Romanian students studying in the UK have experienced extraordinary delays in the processing of their visa applications. Without the visa, students are not able to work part-time jobs to support themselves, and obtain jobs in their field to gain experience that could be crucial when it comes to starting a career. Various complaints have been lodged by the students to the UKBA, and a formal petition was filed, stating, “If the United Kingdom . . . would like to continue setting a high educational standard and attracting the best and brightest from across the glob, the UKBA needs to guarantee that it will process visa applications in a timely, transparent, and effective manner.”

When Romania and Bulgaria were accepted into the EU in 2007, there was an initial gradual transition period, where they were not allowed to work. However, after a few years, students obtained permission to work f they could provide a registration certificate confirming that they are students. The UKBA has promised to process these applications quickly, but students are experiencing a significant delay.

Ireland has recently lifted all restrictions on Romanian and Bulgarian workers, meaning that they now have total access to the labor market, but the UKBA has issued statements saying that it intends to keep the restrictions on the labor market in place until January 1, 2014, keeping them until the end of the seven-year transition period.

Brophy Solicitors

03.08.12

http://www.guardian.co.uk/education/2012/aug/02/work-permit-delays-plague-romanian-students

BULGARIAN AND ROMANIANS OBTAIN FULL ACCESS TO LABOUR MARKET IN IRELAND

On the 20^th of July, 2012, in a statement from the Department of Jobs, Enterprise, and Innovation,  the Minister officially granted Romanian and Bulgarian nationals access to the labour market in Ireland. Originally, these restrictions to the Irish labour market were set to be lifted  on 1^st January 2014, following a seven-year transition period that allowed EU member states to prepare for Bulgaria and Romania’s full adoption of EU law on free movement of workers.

After reviewing the restrictions that were previously in place before the 20^th of July, the Government discovered that “in 2003 some 3,600 permits were sought from nationals of both countries [Romania and Bulgaria], declining to just over 50 applications in 2011.” Also, the population of Bulgarians and Romanians living in Ireland has declined by 3,000 between 2008 and 2011. The Government decided that continuing restrictions in light of these figures is questionable, and has decided to bring forward the transition date from 1^st January 2014 to 20^th July 2012.

There are numerous benefits to eliminating the restrictions, namely fostering positive relations between Ireland and the two countries, as well as with the European Commission and the other member states, since only 9 of the 27 members retain the restrictions on Bulgarians and Romanians in the labour markets. Also, students and self-employed or self-sufficient nationals from the two countries already have access to the labour markets in Ireland anyway.

Questions have been raised in an article from the Immigrant Council of Ireland about whether or not time spent in Ireland before the free access to the labour market restrictions were lifted counted as reckonable residency, but so far, the decisions by the department have been inconsistent. We will have to watch to see if they develop a line of authority with their judgements in this matter.

The United Kingdom has decided to retain its restriction on the labour market for Bulgarian and Romanian nationals. In a report from the UK Border Agency on the 23^rd November 2011, Minister Damian Green announced that the restrictions will be extended until the end of 2013, fulfilling the full seven year transition period after the initial acceptance of Bulgaria and Romania to the EU in 2007. This means that in order to work in the UK, nationals from those two countries will be required to seek permission from the UK Border Agency. The Border Agency expressed a commitment to reduce employer’s dependence on migrant workers, and a potential negative impact on wages nationwide.

Brophy Solicitors

30.07.12