European Community Association Agreement

Introduction

The purpose of this visa category is for citizens of a Country with the relevant EC (European Community) Association Agreement who wish to come to the UK to start a business. This business can be of any size and you can even employ yourself working just by yourself. It will be possible for you to start any type of business, you must work full time in the daily running of the business, and you can’t do any work that is not related to your business within the UK.

The following countries with the relevant agreements are:

Bulgaria
Romania

If the area you are in is IT, Coddan-visas-work-permits.co.uk has a special programme known as the UK Freelance Programme.

If it is not possible for you to come under this category and you want to start a business in the UK, please go to our business immigration page here you will see details of other business-related categories.

Do I qualify to come to the UK under the EC Association Agreement?

To qualify you will need to show the following to come under the EC association agreement:

You are a citizen of Bulgaria or Romania.
You will work solely in the business. You are free to trade using a limited company, or as an individual by yourself or in partnership with other individual/s. Please note that if you are a citizen of Slovenia you may only trade using a limited company.
You have sufficient funds to be able to accommodate and provide for yourself and your family until the business is profitable. In the UK this is likely to be at least £2,000 (about US$ 3,600).
If it’s the case that you are trading as a limited company you must have a controlling interest in the business. This will not be relevant for those who are self-employed or in partnership. In the UK those who are self-employed or in partnership who are in effect trading as individuals rather than as a corporate entity do not have to be registered. It should be noted that citizens of Slovenia can only come under the EC Association Agreement if they trade as a limited company.
By putting forward a business plan that is thorough and viable.

European Community Association agreement countries:

These are Bulgaria and Romania.

What about My Family?

You can make an application for your spouse and children to accompany you as your dependants.

Education

Your children who enter the UK as your dependents will be entitled to the same free education system as British children, or you may wish to send your children to a private school.

Health care

You and your family are entitled to free health care which is provided by the National Health Service. (NHS) You don’t have to take out private health insurance.

Work

Your spouse and dependents will be allowed take up any lawful employment.

What if I want to extend my visa?

Your initial visa will be granted for a period of 12 months. By the end of your first 12 months in the UK, you will be able to apply for your visa to be extended for a maximum period of three years. Your application will be successful if your initial 12 months has proceeded approximately in line with your originally submitted business plan, and that you meet the following requirements:

That you have been able to support yourself and all dependents over this period time without the use of public funds.
That you are actively engaged in the management and promotion of the business, and that you never have had to take up other employment positions over this period of time.(Your dependants are free to take whatever employment they so wish).
Providing that your business continues to exist and is still viable, and has sufficient funds to continue trading.

After a period of 4 years in the UK you can apply for indefinite leave to remain (Permanent Residence). A year after being granted indefinite leave to remain you may be able to apply for naturalisation as a British citizen.

How do I Apply?

If it is the case that you are already in the UK, you can normally submit an application to remain at the Home Office Immigration Directorate in the UK. However if you wish, you can apply at the British Embassy or Consulate which is near to your Country of nationality or nearest to your abode.

You must provide all documentary evidence which shows your work experience, any evidence of funds, etc The application should be accompanied by the following:

Passports
Visa fee of £50 (if applying via an UK Embassy or Consulate)
2 passport photos for each applicant

Business plan which should include:

Proof of the funds which will be invested
The nature of the business
A projected balance sheet, which should include

Profit and loss projection
Overheads including:

Details of your qualifications and work experience.

We are able to assist you in all aspects of your application. Do not hesitate to contact us, or alternatively you may complete our form.

Please see our "Visas for Entrepreneurs" page for details of other categories.

Guidelines for ECAA Applications

Summary

Recent guidelines which have been issued to caseworkers at the home office for consideration of applicants for a three year extension and indefinite leave to remain EC Association Agreement cases from Bulgarian citizens and Romanian citizens have now been released.

Under these new guidelines the home office has powers to grant:

Less then a three year extension
An extension instead of ILR

If the home office are not entirely satisfied that your business will comply to the requirements of the rules for the following three years, or the business has not progressed to their satisfaction.

Self Employment Factors

The guidelines show all the factors which will be considred when it comes to assessing whether someone is actually self-employed for the purposes of the immigration rules.

Even if it is the case that you are seen to be paying your taxes and contributing to your national insurance this will not be considered sufficient evidence that you are self- employed.

You will be considered of self-employed status by the Home Office if you answer YES to the following questions.

If it is the case you answer NO to some of the questions, you will be seen as an employee, and this is a breach of the ECAA rules and your application may not be allowed.

Questions

Are you able to correct unsatisfactory work at your own expense and in your own time?

This will not count for the small items that many employees provide for themselves. Is it possible for you to provide the main items of equipment needed for the job?

Is it possible for you to take on the job for a fixed price regardless of how long the job will take?

Can you be involved in the running of more than one business at a time however the home office will have to be informed prior to any changes or significant expansion in business activity. The Home Office guidelines also make it clear that your financial accounts must be undertaken and prepared by a charted or qualified accountant.