Bulgarian - Right To Work

[BG1]

Morning All,

Here is an interesting situation.

I am a Bulgarian Citizen and am currently in the UK on a self employed basis, as we are not allowed full access to the job market I am pregnant and my partner is a British Citizen. I intend to give birth in the UK.

As the baby will have a British Birth Certificate and my partner is a British Citizen, then my baby will obviously become a British Citizen as well.

The questions is, does this therefore give me full access to the UK job market when I go back to work??

Surely the following must apply:

Exempt from the worker authorisation requirement

You do not have to apply for a registration certificate but can do so, if you would like confirmation that there are no restrictions on you taking employment in the United Kingdom. For information on how to do this you should see the Applying section.

You will be exempt from the requirement to obtain authorisation to work in the United Kingdom if:

you have leave to enter under the Immigration Act 1971 and that leave does not place any restrictions on taking employment in the United Kingdom, for example, you have 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 working with permission, and without interruption, in the United Kingdom for a period of 12 months ending on or after 31 December 2006. For example, you are already present in the United Kingdom as a work permit holder or in some other category that confers permission to take employment (for example as a student and you have been in part-time employment continuously for 12 months); or

you are providing services in the United Kingdom on behalf of an employer established elsewhere in the EEA; or

you are also a citizen of the United Kingdom or another EEA state, other than Bulgaria or Romania, or Switzerland; or

you are the family member of an EEA national exercising a Treaty right in the United Kingdom (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 a self-employed person, a self-sufficient person or a student) or

the spouse or civil partner of a British citizen or person settled in the United Kingdom; 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, descendant under the age of 21 or the dependant of a Bulgarian or Romanian national who is subject to work authorisation and holds an Accession worker card;

you are a member of a diplomatic mission, the family member of a diplomat or the family member of anyone who is entitled to diplomatic immunity.

So can I work based on the fact I am a family member of the baby?

Also, just out of curiosity, am I reading this correctly?

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

Does this mean my family members can come to the UK and have immediate access to the full job market because I am self employed? If so, this is bonkers, as they would have more rights than me.

Many thanks for all your advice in advance.

BG1

[vinny]

Unfortunately, your baby is British and is not exercising a treaty right in the UK? Moreover, you do not fall under the definition of being a family member of the baby.

[vinny]

See also Non-EEA relatives of EEA minor children ('Chen' cases)