@ siavashes,
Check page 42 of 53 in the policy guidance for the explanation of settled workers.
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
www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/
immigrationrules/introduction/. 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.
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