Settled Person / EEA national's family member for Jobs

[saeedusman]

Hi Everybody,

I am struggling from past couple of hours on the forum to find exact answer but could not.

Regarding Ent. Visa and job for settled person; Do the family member of European National currently on 5 years visa will qualify for the job hence award of points?

Just to make it more clear, the person I am going to hire for company is on visa which is family member of EU national, I mean he married to EU national and got 5 years visa.

Is he eligible for to fulfil these job requirements or not? I don't know if this visa is called dependent visa or something else.

Thanks

[Lucapooka]

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.

[Olasunkanmi]

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.

[MTZ510]

What about spouse of British National presently on settlement visa?

[saeedusman]

What about spouse of British National presently on settlement visa?

Yes same confusion for me as well.

How come we can employ the spouse of British National but cannot employ spouse of EEA national? Although EEA national has same eligibility like British National.

[Olasunkanmi]

@ saeedusman, what do you mean by spouse of British national? Do u mean someone with spouse visa or who already got ILR?

[saeedusman]

@ saeedusman, what do you mean by spouse of British national? Do u mean someone with spouse visa or who already got ILR?

I meant spouse on just spouse visa, Not with ILR.

But I think I am thinking wrong, even the spouse should be on ILR then he/she is suitable.

so then in simple words, anyone with ILR is eligible for points at extension. the person we are hiring should NOT be on ANY visa category other than ILR. Because even spouse of British/EEA still subject to visa renew untill he/she is on ILR.

correct me if im wrong. thanks

[junaid123]

so it means we can employ only british passport holder,EEA passport holder and ILR holder?

[saeedusman]

I think so YES.

[Olasunkanmi]

so it means we can employ only british passport holder,EEA passport holder and ILR holder?

The HO list includes few others apart from the ones you listed.

[mohammed1980]

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.

So an EU person without a PR is not considered a settled worker, right?

I just want to be 100% sure before employing anyone.

[mohammed1980]

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.

I think there are some clauses for the "EU national" term.
They are do not automatically become UK settled workers unless they have a PR.