Croatian citizen-PSW visa holder, want to switch, confused

[surfercro]

I am seeking for some guidance on new rules regarding Croatian nationals.

What is the status of people on PSW Visas, which are still valid, but they don't have 12 months of uninterrupted work?

In case one needs to switch visas(whatever it is), and he/she is present in UK, how does that work? It is clearly stated that Croatian nationals can't be treated worse than people outside EU but guidance states that you can't start working before you have a required certificate. Assuming someone is working already(valid PSW visa), general rules for people outside Eu state that while the new visa is being decided, you maintain your old status. Is it the case here also?

Additionally, it is said that those with some visas(in general) can switch into Tier 2 with no RLMT, but there is no mention of this in case of Croatian nationals.

My situation is that I have a PSW visa, still valid, but won't have 12 months of uninterrupted work before it expires. Can I switch to purple certificate in UK and work while waiting for it?

Thank you in advance for your help.

[EUsmileWEallsmile]

When did you enter the UK? When did you start working?

[surfercro]

When did you enter the UK? When did you start working?

Hi, thx for your reply...well I got the visa inside the UK, in 2011(I studied in UK, entered in 2008), and I did an internship in banking, not the best place now, I know... then I went back home as I had some stuff that needed urgent sorting.

I still have the visa, valid until the end of year. I can't make much sense of these rules, so I appreciate any help. I know the visa is still valid until expiry, I wonder what the procedure is for an employer if they want to sponsor me.

If I was non EU, they would not need RLMT and could assign unrestricted cos, right? Also, I could stay until it is decided...(assume I start working in Sept, when PSW is still valid and then get sponsored).

I understand I need 12 months of work to be free of limits(on or after 1.7.2013), but can't get that now.

[EUsmileWEallsmile]

I'm not sure if I can really help you here. Perhaps others might contribute.

In general, if you'd worked in the Uk continuously for a year including time before accession, you would not have required permission to continue working.

It is possible to work on a self-employed basis. Just in case you were not aware of this.

[Amber]

See here (click) to see if you are exempt from the work authorisation requirement the first exemption is:

on 30 June 2013 you have leave to enter under the Immigration Act 1971 and that leave does not place any restrictions on taking employment in the UK

[EUsmileWEallsmile]

@ surfercro, what were the circumstances of you going back home, not so much in terms of the emergent issue, more when did you go back, for how long for, what did you do with your employer, was your contract still valid? Please give something for people to go on.

Over you you.

[surfercro]

@ surfercro, what were the circumstances of you going back home, not so much in terms of the emergent issue, more when did you go back, for how long for, what did you do with your employer, was your contract still valid? Please give something for people to go on.

Over you you.

Yes, I went back in early 2012(worked from summer 2011) and did not return as of yet, but I might do so. The contract ran out, I wasn't fired or anything like that. It was time limited anyway.

I am aware of 12 month rule and self employment rules, but am not sure where PSW Visa puts me now(it is valid until end of year). PSW Visa does place limits on employment(no dr/dentist) and is time limited.

Also, can you guys elaborate on the line:
As noted above, we cannot apply transitional restrictions which are more restrictive in their effect than
the restrictions applied to Croatians on the date that the Accession Treaty was signed. The criteria which
must be met for an accession worker registration certificate to be issued will therefore be those which were
applied to Croatian nationals under the Immigration Rules as they stood in December 2011, except where
the Rules applied subsequently are less restrictive.

->current rules(for non EEA nationals) would be more favourable for me than what is mentioned under Croatian section on UKBA.


Also, I know that current rules allow those who have finished uni in Uk to get a blue certificate(if they apply within 12 months of finishing), so unrestricted labour market access. Technically, since I got PSW, I was qualified as highly skilled but almost 2 years ago. Guess no blue certificate for me?

The rules do not mention in any form what it is with those who got PSW visa before 1.7. Looks like I'm nowhere now, and again need another sponsor and more hassle.

[EUsmileWEallsmile]

For the accession treaty business, imagine the following scenario...

Nationals of a certain non EU country can work in the UK subject to the condition that they dye their heir red and blue prior to accession. These conditions didn't apply to just one particular EU country, they applied generally. That's it, no other requirements. Well then, if one complied with the condition, one could work.

Shortly after accession, the UK changed its rules to include a requirement for ponytails in addition to the previous colour scheme.

On accession, nationals of said EU country are made aware that the UK continues to restrict access to the labour market under the terms of the accession treaty. This is acceptable under the terms of the treaty for a certain period of time.

The new EU nationals need to comply with the red and blue dye, but thankfully are forgiven the requirement for a ponytail.

I hope this facetious example helps clarify matters.

[surfercro]

Hi all!

I have finally solved my problem. The issue is that different links on the UKBA website point to different information, and there was a small detail I needed. The footnote is not present in all the texts.

What applies to me:

On 30 June 2013, they had leave to enter or remain and that leave did not
place any restrictions on taking employment in the United Kingdom (See
below for examples).

Leave that allows a person to work in the UK without any restrictions
Leave which does not restrict a person’s right to work includes:
• indefinite leave to enter or remain
• limited leave to enter or remain on code 1A conditions, such as:
• leave as a refugee
• humanitarian protection
• discretionary leave, or
• exceptional leave to enter or remain
• limited leave to enter or remain on code 1 conditions, such as:
• leave as the spouse, civil partner, unmarried partner or same-sex
partner of a British citizen or person present and settled in the UK
• leave as a dependant of a worker permit holder
• leave under the Highly Skilled Migrant Programme (HSMP), or
• leave under the pre-Tier 4 postgraduate doctors and dentists
scheme.

If the leave has a restriction (or prohibits employment*
) then it does not count
under this exemption.

BUT-it is this final detail that matters:

*This does not include leave granted on Code 1 conditions which is subject to a condition limited to
preventing the holder taking employment as a trainee doctor or dentist or professional sportsperson.

PSW Visa does NOT limit any work(only time limited), only no public funds, but you can't work as DR/dentist. The footnote clarifies this does not matter.

As a consequence, I should enjoy unrestricted access to labour market now, and won't even bother with certificates.

[surfercro]

Just another question...

On 30 June 2013, they had leave to enter or remain and that leave did not
place any restrictions on taking employment in the United Kingdom.

Does this imply that the leave doesn't have to be valid anymore? In my case it is, but I am asking what if I need it later, when it expires. It seems to me it wouldn't matter at all.

Is it enough to just carry my BRP card and that's it? It looks like a good enough proof to me(UKB mentions passports, but I have a card).