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Yes same confusion for me as well.MTZ510 wrote:What about spouse of British National presently on settlement visa?
I meant spouse on just spouse visa, Not with ILR.Olasunkanmi wrote:@ saeedusman, what do you mean by spouse of British national? Do u mean someone with spouse visa or who already got ILR?
The HO list includes few others apart from the ones you listed.junaid123 wrote:so it means we can employ only british passport holder,EEA passport holder and ILR holder?
So an EU person without a PR is not considered a settled worker, right?Lucapooka wrote:Settled means British or ILR or PR. The dependant of an EU national or even an EU national himself is not settled until they achieve PR per the EU requirements. So, for the purposes of TIer 1 (Ent) points, this person you have mentioned is not a qualified person if he has not achieved PR. Yes, you can employ him if you wish, (indeed you can employ anyone you choose that has permission to work in the UK) but you will get no points for your Tier 1 (Ent) extension by doing so.
I think there are some clauses for the "EU national" term.Olasunkanmi wrote:According to HO policy guidance on page 42 of 53
What is a settled worker?
A27. Only jobs that are given to people with settled status in the UK will qualify for the award of points. Paragraph 6 of the Immigration Rules defines what we mean by “settled in the United Kingdom” This can be viewed on http://www.ukba.homeoffice.gov.uk/polic ... roduction/ .
For the purposes of these guidance notes a ‘settled worker’ is a person who is:
• A national of the UK;
• A national of Austria, Belgium, Bulgaria*, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania*, Slovakia, Slovenia, Spain, Sweden or Switzerland who is exercising an EC Treaty Right in the UK;
*NB – Workers from Bulgaria and Romania, unless exempt from worker authorisation, must be
registered in order to commence work;
• British overseas territories citizens except those from Sovereign Base Areas in Cyprus.
Those included are Anguilla, Bermuda, British Antarctic Territory, British Virgin Islands, British Indian Ocean Islands, Cayman Islands, Falkland Islands and dependencies,
Gibraltar, Montserrat, Pitcairn Islands, St. Helena and Dependencies and Turks and
Caicos Islands);
• Commonwealth citizens who were allowed to enter or to remain in the UK on the basis
that a grandparent was born here;
• Settled in the UK within the meaning of the Immigration Act 1971, as amended by the
Immigration and Asylum Act 1999, and the Nationality, Immigration and Asylum Act 2002.
Note that workers requiring approval to work in the UK, such as holders of an immigration
employment document under the work permit arrangements, will not count towards the award of points even if they have permission to work for your business. Any holder of a letter of permission to work under Tier 1 of the Points Based System such as under the Tier 1 (General) category will not count for the award of points.