bulgarian au pair

[johnnyirvine]

With Bulgaria and Romania joining the EU in January I have been trying to find out how this will effect our situation.
I am British and my fiance is Bulgarian and has been in the uk on an au pair visa since September 2005. This visa expires in September 2007.
We are planning to get married in May next year. With Bulgaria joining the EU in January we were hoping that she would be able to leave her job as an au pair and start working full time, but now with the restrictions Mr Reid announced this week we are unsure of what rights she will have.
I have a couple of questions

1. Are these restrictions just for new arrivals after January 1st or will they apply to people already here?

2. When we are married will we still have to apply for a spouse visa even though they will be in the eu?


Thanks in advance

[JAJ]

2. When we are married will we still have to apply for a spouse visa even though they will be in the eu?

Probably a good idea to do so as it will be a quicker pathway to permanent residence and British citizenship.

[popeye]

I she was working in UK for the last year as a AuPair, and can prove it ...(check description of a worker, AU Pair included... not Self-employed, student etc)
after the acession date she will have unlimited acess to the labour market and full EU Citizens Rights( only in UK ).
All this is covered in the accession treaty signed 2005.
This is good news for you man, and don't need to marry her just because of the visa , from 01/01/07 she will be a as Eu Citizen as You are in UK and this is because she was working - being Employee in UK for the last 12 Months...if not you know ->work permits , point system, etc...
If you want to go and live somwereelse in Eu you need to marry her , otherwise all the usual bullshit will be applied to her as the transitional agreements are 2+3+2 years.
http://eur-lex.europa.eu/JOHtml.do?uri= ... OM:BG:HTML
http://www.iasuk.org/C2B/document_tree/ ... 43&CatID=1
http://www.britishembassy.gov.uk/servle ... 6076107155
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary
http://ec.europa.eu/enlargement/archive ... nts_en.pdf
http://ec.europa.eu/enlargement/archive ... p_2_en.htm
http://eur-lex.europa.eu/LexUriServ/sit ... 780301.pdf
http://www.cdep.ro/pls/dic/site.page?id=472
http://papers.ssrn.com/sol3/cf_dev/AbsB ... _id=384950
http://eurlex.europa.eu/LexUriServ/site ... 350048.pdf
http://www.zerp.uni-bremen.de/english/pdf/dp1_2002.pdf
http://www.abgm.adalet.gov.tr/keller.pdf

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[johnnyirvine]

Thank you very much for answering my questions.
We will still be getting married in May but it is great news that she will have access to the labour market from January.

[popeye]

http://www.asylumsupport.org.uk/docs/simoncox.doc
17. However, the Home Office stance seems likely to be as follows:
(a) work as an au pair is not work. Au pairs are not expected to register and the Home Office intends to refuse to recognise any right to reside because of 12 months au pairing. Members representing au pairs may wish to argue that this approach is wrong, according to the regulations;


Again HO have different opinion...

[johnnyirvine]

Just a quick update.
We applied for a Registration document and it arrived this morning It says she has no restrictions on employment in the UK. So the home office stance seems to have changed regarding Aupairs Thankfully.

Thanks for all the help we recieved on the boards.