legalities of hiring a romanian

[pecanpie]

This is actually a query about my cleaning arrangement but thought somebody might know on here. I use a cleaning agency who usually send me the same cleaner. Mostly they hire romanians. I pay an hourly rate to the cleaner directly, plus £1/hour to the agency. I arrange times and hours with the agency. If there was any debate as to whether the romanian had the right to work in the uk, would it be me or the agency who is ultimately liable for someone working when they shouldn't? If it's me, just want to be sure that the lady who will be coming to me has all the right paperwork...
Thanks in advance!

You are using an agency, they should be taking references and chicing papers. That is why you use an agency. So IMO they would be liable.

i thought romanians are legal in this country? eu and all that?

Home Office info about Bulgaria/Romania nationals
An au-pair needs form BR3. Not sure about a cleaner though - that may be a different category.

You in the UK pecanpie?

Romanian nationals working as domestics need an worker card www.ukba.homeoffice.gov.uk/workingintheuk/eea/bulgariaromania/liveworkuk/ to work in other EU countries.

They are free to live in other EU countries.

Not sure exactly when this will change, or whether this home office page is bang up to date.

Theoretically the agency as you are outsourcing to them and don't have individual arrangements with the cleaners.

Romanian cleaners are typically self-employed anyway, which is absolutely fine and they're exercising a treaty right as long as they have their yellow card.

I think the restrictions will be taken right up to the limit, currently in place until 31/12/2011.

Thanks for the advice. Apparently it's all fine, although because I pay cleaner directly, she should issue invoices or something to 'have a paper trail' - called immigration people to check - thanks for links above which is how I got the numbers...