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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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the status of Romanians in the UK

Customer Question

Hi. I've got a question about the status of Romanians in the UK in terms of work permits/ accession cards/registration certificates etc.. It's quite complex and I was wondering if you could help me... 
A Romanian person, more often than not, has a "yellow card" from the Home office to work as a self-employed. This was the status of a Romanian friend who works as a locum doctor, before receiving legal advice to set up a limited company and to de-register as a self-employed, because as a majority shareholder in the ltd, he would work legally. He did so and now works through the ltd company. Whenever I speak to the Home office about this on behalf of the person concerned to try and ascertain the position, they don't understand what I am talking about, they cannot conceive that without the "yellow"/"purple"/"blue" card (different types of employment for Romanians in the UK) one can have a business here and they keep saying the words "self-employed" when referring to the director and majority shareholder of this company (who is my Romanian friend).. Someone suggested that the Home office operators were instructed to understand that Romanians cannot have a business here unless they are self-employed, when in fact this form of business medium is as legal as self-employment (yellow card), although not widely recognised.

Basically what I need to know is if working through a limited company set up in the UK, a Romanian person can work legally (the Romanian person being a director and a majority shareholder in that company) and what is the statutory reference (or any reference) to confirm that.

 I couldn't find anything on the internet to clarify this and I am wondering if you can help... Thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : If you are working in the UK in a Self Employed capacity and exercising a Treaty Right on that basis you will not need to obtain authorisation for that work although you will need to be able, if challenged, to demonstrate that you are genuinely Self Employed. If you are exercising a Treaty Right as a Self Employed person, you may apply for a registration certificate confirming this. Please note it is not a requirement that you do so and a Registration Certificate issued on this basis will not confer a right to take employment on any other basis then Self Employment. I will shortly post the link which confirms this and it is correct that the self employed Romanian nationals will be issued yellow cards as evidence of this.
Awan-Legal : The relevant law which this is set out at is the Free Movement of Persons Directive (2004/38/EC).
Awan-Legal : The link on the UKBA policy guidance which sets out this information on the law is as follows:
Awan-Legal : http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter7.pdf?view=Binary
Awan-Legal : Please go to page 14 onwards.
Awan-Legal : I hope that helps. Please let me know if you have any questions arising from the above. In the meantime, please click accept on my answer.
Customer :

Hi Awan... The link that you sent me refers to national of the A8 countries. Romania is an A2 country (because it joined the EU together with Bulgaria in 2007). Also, my question related to whether or not a ROMANIAN person can work legally in the UK through its limited company (as a director and majority shareholder), not to what is classed as self-employed. Thank you, but your answer is not satisfactory.

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