Registration certificate for Bulgarians and Romanians

[duende]

Hi all,

I obtained Further Leave to Remain under Highly Skilled Migrant Programme in October 2005. Also, I have been permanently employed and legally working for more than 12 months on 31st December 2006.

My question is can I apply for a registration certificate in the UK as an applicant with current Leave to Remain in the UK under the Immigration Act 1971 – under HSMP, and if yes, should I fill out the br1 form? In case that kind of registration certificate has been granted, would it be valid for a certain period of time or not?

Anyone can help - much appreciated!
Many thanks in advance!

[JAJ]

Hi all,

I obtained Further Leave to Remain under Highly Skilled Migrant Programme in October 2005. Also, I have been permanently employed and legally working for more than 12 months on 31st December 2006.

How long have you been in the UK?

[WoodieG]

duende, you are exempt from the requirement to obtain 'work authorisation', so yes, you can fill in the BR1 form. I think the certificate is valid for 5 years - always enough to get the holder up to ILR.
________
Headshop

[duende]

Thank you guys,
I will post my documents by the end of the week then. Hopefully HO will return my passport soon, as I will need it in February..

Jaj, I have been here for 2 years and 2 months so far - firstly came with HSMP visa for 1 year and then extended it with 3 years. I hope I will extend it again after that period (I will need 1 additional year up to ILR under HSMP), but having in mind the new HSMP rules (see http://www.timesonline.co.uk/article/0, ... 28474.html) it's better to have a back-up plan. And also it's better to show the potential employers that certificate as opposed to making all the efforts to prove you are eligible to work in th UK.

Thanks again!

[Administrator]

.

If you qualify for HSMP, it is a Really Good Idea to consider getting your HSMP.

The UK has severely restricted the right to work in the UK for Romanians & Bulgarians. Skilled workers are being required to register under skilled worker programs, such as the HSMP.

These restrictions will remain in effect at least for three years, and possibly/probably for the full seven years allowed under the EU accession treaties.

• UK immigration flow regulations approved for Romania and Bulgaria
http://www.workpermit.com/news/2006_12_ ... omania.htm

I can't give you definitive advice in this area; I am simply not qualified to advise you in details.

I am giving you a heads-up, based upon the extensive news research I've been doing on the subject these past several months, that you should investigate this carefully.

Getting the HSMP mat give you the greatest freedoms and number of options for remaining and working on your own terms in the UK.

The Admin


[ EDIT : By the way, shameless advertising for ourselves here , we do have a bit of information and some tools & resources for people to determine if HSMP is the best option for them.

• Highly Skilled Migrant Programme (HSMP)
http://www.workpermit.com/uk/highly_ski ... rogram.htm

]

[duende]

I do have actually HSMP visa, which I obtained 2 years ago, and now I have FLR under HSMP. Instead of going through the same process of obtaining certificate for HSMP (and the application for that is the same as for initial applicant), I would rather complete just one form (if br1 is the one for me). Two years ago I was claiming for 115 point, when only 65 were enough to get HSMP, but the new rules will give me just 5 points for age, which would not be enough to pass through.
Thanks again, I will try to obtain the certificate now, fingers crossed!

[JAJ]

.


Getting the HSMP mat give you the greatest freedoms and number of options for remaining and working on your own terms in the UK.

And if a Romanian/Bulgarian is already in the UK on HSMP, the route to ILR and British citizenship may be shorter than switching to EU status.

[duende]

And if a Romanian/Bulgarian is already in the UK on HSMP, the route to ILR and British citizenship may be shorter than switching to EU status.

Do you mean that if I request a registration certificate I will switch to EU status? Having that certificate, would I be able still to apply for HSMP extension (FLR) after 2 years, or the clock for ILR would start now again - under EU status? I was hoping to get that certificate ONLY as a proof that I am eligible to work and to be employed legally in the UK, and not to prove that every time when someone ask me to... The new rules for HSMP extension are quite severe (there are currently demonstrations against these), so I thought I would get that certificate just in case I can't get FLR for the remaining years till ILR.
But if I will be switching to another status without the right to keep my current one..., then I am not too sure if I need to apply for that. Please advise!
Thanks!

[JAJ]

Do you mean that if I request a registration certificate I will switch to EU status? Having that certificate, would I be able still to apply for HSMP extension (FLR) after 2 years, or the clock for ILR would start now again - under EU status? I was hoping to get that certificate ONLY as a proof that I am eligible to work and to be employed legally in the UK, and not to prove that every time when someone ask me to... The new rules for HSMP extension are quite severe (there are currently demonstrations against these), so I thought I would get that certificate just in case I can't get FLR for the remaining years till ILR.
But if I will be switching to another status without the right to keep my current one..., then I am not too sure if I need to apply for that.

You may need the advice of a good immigration lawyer. Bottom line is that:

- Because of the special rules for Bulgaria/Romania you may not be eligible for EU status
- if you do get EU status it may re-start the clock for ILR

If you can get ILR off your HSMP, that is the best route. But get a lawyer!

[duende]

Thanks for that.
From what I've read already this certificate is NOT necessary, but I can if I wish to request one. It is just to confirm the status, not to switch to another one. That's why it can't be possible to reset the clock for ILR, see below:

You will not require a work authorisation document in order to take employment in the United Kingdom if you are exempt from this requirement. If you are exempt, you will be able to take employment without restriction. You may, if you wish, apply for a registration certificate confirming that there are no restrictions on your taking employment (see paragraph 21 below which advises you which application form you should use).

If you are applying for a registration certificate confirming that:
• you are self-employed; or
• you are self-sufficient;
• you are a student;
• you are exempt from the requirement to obtain a work authorisation document
because you fall into one of the categories in paragraph 7 above;
you should complete form BR1.

7. 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;
• 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 employment (for example as a student and you have been in part-time employment continuously for 12 months); [...]

Can you imagine if a self-employed person decides to request a certificate confirming his/her status, to reset the clock for IND and add another 5 years of waiting? It's the same for students, self-sufficient people, and those who are exempt from work authorisation, e.i. having Leave to enter or remain, or legally working for at least 12 months in the UK.
That case I think requesting that kind if certificate would only confirm my rights to work legally in the UK, without any restrictions. At least, acording to the current HO forms and guidelines, this is what we should understand.
Fingers crossed I am right!
Thank you all for all your thoughts!

[Dawie]

Thanks for that.
From what I've read already this certificate is NOT necessary, but I can if I wish to request one. It is just to confirm the status, not to switch to another one. That's why it can't be possible to reset the clock for ILR, see below:

You will not require a work authorisation document in order to take employment in the United Kingdom if you are exempt from this requirement. If you are exempt, you will be able to take employment without restriction. You may, if you wish, apply for a registration certificate confirming that there are no restrictions on your taking employment (see paragraph 21 below which advises you which application form you should use).

If you are applying for a registration certificate confirming that:
• you are self-employed; or
• you are self-sufficient;
• you are a student;
• you are exempt from the requirement to obtain a work authorisation document
because you fall into one of the categories in paragraph 7 above;
you should complete form BR1.

Can you imagine if a self-employed person decides to request a certificate confirming his/her status, to reset the clock for IND and add another 5 years of waiting? It's the same for students, self-sufficient people, and those who are exempt from work authorisation, e.i. having Leave to enter or remain, or legally working for at least 12 months in the UK.
That case I think requesting that kind if certificate would only confirm my rights to work legally in the UK, without any restrictions. At least, acording to the current HO forms and guidelines, this is what we should understand.
Fingers crossed I am right!
Thank you all for all your thoughts!

Why do you want a certificate to confirm your status? Surely the HSMP FLR sticker in your passport should be all you need.

In any case, it's clear that a Romanian or Bulgarian who is ALREADY in the UK with an HSMP visa is better off being self-employed on an HSMP than trying to exercise their treaty rights as a self-employed Romanian or Bulgarian.

The main reason for this is that your ILR clock will reset if you switch to exercising your treaty rights. The other reason I can think of is that with the HSMP visa you can easily switch back into permanent employment if you want, whereas as if you switch to exercising your treaty rights you would need to obtain a work permit if you wanted to go back into permanent employment.