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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2104
Experience:  I am a qualified solicitor and an expert in UK law.
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Im a romanian student and i am working with yelow card ,

Resolved Question:

I'm a romanian student and i am working with yelow card , i want to change my worck place and to move to another city, i dont't know if i will be able to obtain the blue card next year if i will have a month whitout working and then to have another employer.
Thank you,
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 11 months ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

How long have you been working in the uk with your yellow card ?

Kind regards
Customer: replied 11 months ago.

i've started on December 2012, but i've heard that with the start of 2014 i will not have any restrictions and i just wanna be sure

Expert:  UK_Lawyer replied 11 months ago.
Thanks you for your reply.

The ukba state that you will be exempt from the requirement to obtain authorisation to work in the UK if:

you had leave to enter or remain in the UK on 31 December 2006 under the Immigration Act 1971 and that leave did not place any restrictions on taking employment in the UK (for example, if you had been given leave to remain as the spouse of a British citizen or as the dependant of a work permit holder); or you have been granted leave to enter or remain as described above since 1 January 2007; or

you have been working with permission, and without interruption, in the UK for a period of 12 months ending on or after 31 December 2006. For example, if you have worked for a continuous period of 12 months in accordance with an accession worker card or while you were exempt in one of the categories below (with the exception of posted workers); or

you are a 'posted worker' (that is, you are providing services in the UK on behalf of an employer established elsewhere in the EEA); or

you are also a citizen of the UK or another EEA state (other than Bulgaria or Romania) or Switzerland; or

you are the family member of an EEA national who is exercising a Treaty right in the UK (except if you are the family member of a Bulgarian or Romanian national who is subject to work authorisation requirements, or who is exempt from those requirements but only by virtue of being self-employed, self-sufficient or a student) or

you are the spouse or civil partner of a British citizen or person settled in the UK; or

you are the family member of a Bulgarian or Romanian national who is self-employed, self-sufficient or a student. You will remain exempt provided that your sponsor remains a student, self-sufficient person or self-employed; or

you are the spouse, civil partner, or descendant under the age of 21 or are dependent on a Bulgarian or Romanian national who is subject to work authorisation and holds an accession worker card or seasonal agricultural workers scheme card; or

you are the spouse, civil partner or child under 18 of a person who has leave to enter or remain in the UK which allows that person to work; or
you have a permanent right of residence in the UK (for example, if you have been exercising Treaty rights for a continuous period of five years);

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/liveworkuk/

I believe that point 2 above is most applicable to you must have been working in the uk for a period of 12 months without interruption. If you only work for 11 months for instance and have a gap of a month then you would not be able to apply for the blue card (unless you are applying for a skilled employment ) the work you are undertaking must be done for a period of 12 months without any gaps unless they are related to employment for instance holidays etc.

I suggest that you complete 12 months employment without taking a break and then apply for the blue card giving you unlimited access to the labour market.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2104
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

you haven't told me anything about the lifting of the restrictions in 2014

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

Yes the home office has planned changes which will give Romanian and Bulgarian nationals the same rights to work as other EEA national country so implementation of the requirements to obtain employment without needing the right to gain permission first.

As these changes are due to be introduced on 1 January 2014, I am unable to comment on these until they officially come in. However yes you are correct in that you will have unlimited access to the labour market in 2014 once the new rules are implemented. You will as of 2014 not require permission to take employment in the uk.

I do apologise for not referring to the changes coming in, but as the law stands the advice given is correct.

I hope this clarifies the matter.

Kind regards

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