Mon 15-Jan-07 10:15 AM by shawn

(Edited to fix html)

Just trying to bend my brain around the new rules for A2 nationals (Bulgarians and Roumanians etc).

Find the au-pair provision a bit odd. Basically the schedule to the new Accession regs says a person can be a worker if they are here as aupair. The rule is:

Au pair placement The applicant –

(1) has and intends to take up an offer of an au pair placement;

(2) is aged between 17 to 27 inclusive;

(3) is unmarried and is not in a civil partnership; and

(4) is without dependants.

My thoughts

To quote a very useful book I use a lot – Working in the UK Newcomers
By - Centre for economic and social Inclusion

The requirements

“Au pairs placements are intended to assist young people who wish to reside in the UK to learn English. Required to live with English speaking family and work in their home.
Placement should be arranged before you arrive in UK- this is not required if you are a non visa national.
Must be unmarried and have no civil partner and dependants”

Then there is a list of the countries - for example Andora is on the list. The list also includes Bulgaria and Romania.

So the new rules have, in my opinion, just taken Bulgaria and Romania off the countries where they need the “Placement to be arranged before arriving in Uk” because they are now non visa countries.

Hope this answers some of your question.
Now what actually happens if an au pair does get married I don’t know the answer. How about looking at the website www.ucas.com/studyuk/englang.html

Interestingly, Article 4 of the European Agreement on Au Pair Placement states -

1. The person placed "au pair" shall not be less than 17 or more than 30 years of age.
2. Nevertheless, exceptions to the upper age limit may be granted by the competent authority of the receiving country in individual cases when justified.

Note that the UK has neither signed nor ratified this agreement.

Once authorised to work there appears to be no provision to "unauthorise" if the au pair got married and therefore the right to reside would continue.

The provisions do not prevent an au pair from marrying so there is no question that Article 12 of the ECHR is violated.

'au pair' was abolished as an immigration category in about 2008 so anyone looking this up since then (as I was today re A2 nationals) can ignore this thread.
Robbie

I should have said 'Since 2008, people from outside the EU can no longer enter the UK as au pairs.' People in the EU don't need a visa (as an au pair or as anything else) to enter the UK. There are still people working as 'au pairs', of course, in the non-legal but commonly understood sense of the term.