APPENDIX 5
Memorandum submitted by the Embassy of
Romania
OPERATION OF
THE SYSTEM
— The high number of schemes in operation
leads to confusion amongst applicants as to which procedure applies
to them. Intimidated by this complexity some A2 nationals may
be discouraged to attempt to comply with the Regulations.
— In many cases employers are unwilling
to navigate the complex administrative procedures accompanying
the employment of a Romanian.
— Applications are taking many weeks
to process—sometimes far in excess of published service
standards. There are situations of Romanians losing out on legal
employment opportunities as a consequence of these extended processing
times.
— The imposition of worker restrictions
on A2 nationals marks them out as a separate group and therefore
as a potential target for discrimination. An impact is felt not
only by the newcomers, but in many instances by Romanians already
working legally in the UK.
— Information on the Border and Immigration
Agency's website concerning the procedures the Romanian citizens
have to comply with is not all the times updated and no distinction
is made between the procedures applicable to A2 citizens and those
that are applicable to the third countries nationals. Some of
the guidance notes available on www.workingintheuk.gov.uk still
place A2 nationals in the same category of employment as the third
countries nationals.
— As the current regulations limit
the access on the labour market for the A2 nationals only where
a genuine vacancy exists for a skilled job (excepting the limited
number of low skilled jobs available under SAWS and SBS), it is
unclear what type of qualifications and awards are necessary to
qualify under the Work Permits Scheme. Also it is not clear whether
the Romanian awards should be recognised by the relevant British
authorities prior to lodging the work permit application.
— The current procedures bind the Romanian
work permit holders to a specific employer. The anticipated ending
of the employment relations will require a new application to
be submitted by the new employer. This condition makes Romanian
workers vulnerable in front of their employers as many of them
might accept inadequate working conditions, knowing the difficulty
of obtaining a new work permit when changing the employer.
— The system of worker regulations
and apparent attitude to their enforcement, leaves Romanian's
open to intimidation and exploitation by unscrupulous individuals
or employers. Agencies are advertising both in the UK and Romania
offering bogus jobs in Britain in exchange for hefty administration
fees. Some accounts have been received of language schools arranging
work placements for Romanian students, and of their employer mistreating
them but threatening them with expulsion should they complain
about their conditions. Similarly there are reports of Romanian
employees being abused or mistreated and feeling unable to complain
because of their fragile standing in the UK labour market.
— The extensive Home Office advertising
campaign in the period around accession has contributed to a climate—fostered
further by the media—in which Romanians can be viewed with
distrust.
— Away from the employment sphere,
Romanian's also report problems with accessing the NHS medical
services, opening bank accounts, and of having difficultly renting
housing because of suspicions held about their entitlement to
be in the UK.
3 December 2007
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