Are EU people settled workers ?

[mohammed1980]

Alright, finally cleared the doubts by calling on this number -
Enquiries from European citizens
Telephone: 0300 123 2253
Monday to Thursday, 9am to 5pm
Friday, 9am to 4:30pm

I said I am Portuguese passport holder and my employer who is on T1Enterpreneur visa says to give hire me I need to have a PR or else he will not be able to extend his visa.

The lady said this is wrong information. You have all the rights of a UK settled worker.

[Rox123]

Settled as a Legal status seems to be different than the definition used & applied with respect to Immigration Rules 6A which covers Tier 1. This is what the immigration rule says:

“In Part 6A and Appendices A and J of these Rules, “settled worker” means a person who:
(i) is a national of the UK,
(ii) is a person with a right of residence in accordance with the Immigration (European Economic Area) Regulations 2006 or, except where that person is subject to worker authorisation, the regulations made under section 2 of the European Union (Accessions) Act 2006 in combination with section 2(2) of the European Communities Act 1972 or the regulations made under section 4 of the European Union (Croatian Accession and Irish Protocol) Act 2013,
(iii) is a British overseas territories citizen, except those from Sovereign Base Areas in Cyprus,
(iv) is a Commonwealth citizen with leave to enter or remain granted on the basis of UK Ancestry (paragraphs 186 to 193 of these Rules), or
(v) has settled status 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.”

Hello Zimba, Cass and everyone.

This post is very similar to my situation so I havent created a duplicate post.

Please I need help within 12 hours from now as I have just submitted my application but havent done biometric. I want to know what chance I have got.

Zimba/Cass - my employees are foreign nationals.

1st - EU, and I've only got a copy of passport data page with all their personal details/information.

2nd - ILR, and I've only got a copy of Biometric Resident Permit (BRP) both front and back with all relevant personal information

They dont have other things.

Are these documents okay?

Please your advise as fast as you possibly can will be appreciated...I cant sleep, please help me.

[zimba]

Yes it is fine

[Kerim90]

Yes it is fine

Do we have to send the copy of both side of employee ILR.
Today I post my application and supporting documents and after that I realised that back the copy of back side (ILR) is missing.But the copy of employee passport and NI been sent.
Is it too late to send now?

[zimba]

There is no need to send the back copy

[Rox123]

Yes it is fine

Hi Zimba, thank you for your quick response.

Please I will like to know if your response is in relation to my question about the documents I have for my employees or previous questions before mine?

1. I was wondering if any page of their passports with UK Govt stamp is a must (which I didnt submit) or you think I should be fine with what I've submitted i.e. only a copy of passport page for employee 1 (an EU national) & only a copy of Biometric Residence Permit card (front and back) for employee 2 (Non-EU but on Indefinite Leave to Remain)?

2. If it's a must, can I still post addition information to HO before biometrics is done?

I am sorry if it seems I am repeating my earlier post as I just want to be sure of what should be done.

Thanks.

Once again, you response will be appreciated.

[zimba]

As I answered above there is NO NEED.

You can send any of the below:

A BRP copy of an employee who has an ILR
A copy of a EEA citizen passport first page copy
A copy of a EU citizen national ID card
A copy of British citizen passport first page copy or a birth certificate showing the name of at least one parent

[Rox123]

As I answered above there is NO NEED.

You can send any of the below:

A BRP copy of an employee who has an ILR
A copy of a EEA citizen passport first page copy
A copy of a EU citizen national ID card
A copy of British citizen passport first page copy or a birth certificate showing the name of at least one parent

Zimba, you are amazing! I am glad to say that you and others like you, are making positive impacts in people's lives on this platform.

May the good Lord of heavens and earth bless you (and others like you on this platform) richly.

You're a rare gem

[zamanam]

As I quoted the immigration rules, there is no requirement for your EEA employee to have permanent right but only a right to work here. EEA rules from 2006 gives them extended right to be here as qualified individuals.

Is this still valid after Brexit - that a EU national say a Romanian or polish worker without any PR and who came to UK 5 or 2 months ago - will they be classed as settled worker and tier E migrant can hire them as a settled worker

thanks

[marcnath]

Rules after Brexit are not known.

[zimba]

Is this still valid after Brexit - that a EU national say a Romanian or polish worker without any PR and who came to UK 5 or 2 months ago - will they be classed as settled worker and tier E migrant can hire them as a settled worker

thanks

Brexit has not happened yet and UK remains a full member of EU
Tier 1E rules are the same as before without any changes

[zamanam]

ZImba88,

Thanks for confirming that there is no change in the rules yet.

This means if I have polish or romanian workers who started living in the UK only couple of months back and have no PR in the UK, for them my documents as a proof of eligibility to work in the UK will their own country's ID card or passport and this should be enough ? DO we need any other documents

Thanks

A

Is this still valid after Brexit - that a EU national say a Romanian or polish worker without any PR and who came to UK 5 or 2 months ago - will they be classed as settled worker and tier E migrant can hire them as a settled worker

thanks

Brexit has not happened yet and UK remains a full member of EU
Tier 1E rules are the same as before without any changes

[marcnath]

The guidelines specify Passport or UK residence card. It appears EU ID is not enough for EU/EEA nationals.

[yunas]

The guidelines specify Passport or UK residence card. It appears EU ID is not enough for EU/EEA nationals.

Hi Marcnath,

I appreciate your valuable input on this topic, however when we check on gov.uk website. Here below are the findings.

1.Does the worker have a UK passport?
No

2.Does the worker have a Certificate of Registration or Naturalisation as a British Citizen?
No

3.Is the worker:
from the EU, EEA or Switzerland

4.Does the worker have an EU, EEA or Swiss passport or National Identity Card or are they a named person in their parent's or child's passport?
Yes

The person is entitled to work in the UK.

You should make a copy of the relevant parts of the passport or the entire National Identity Card.

Regards,

[marcnath]

No dispute on that, yunas.
What you quoted are what is required to check that someone has the right to work and the documents required to use to prove you have done the checks.
Previously, immigration rules just referred to these guidelines in the definition of settled worker.
However, in March 2017, the immigration rules (clause 46-SD(h)(iv)) were specifically changed to define the acceptable documents.
So, while I can't definitely say HO will not accept ID card, the CW has the right to decline points based on clause 46-SD(h)(iv) if only ID card is provided.

Full list of changes:
https://www.gov.uk/government/uploads/s ... hanges.pdf

[yunas]

No dispute on that, yunas.
What you quoted are what is required to check that someone has the right to work and the documents required to use to prove you have done the checks.
Previously, immigration rules just referred to these guidelines in the definition of settled worker.
However, in March 2017, the immigration rules (clause 46-SD(h)(iv)) were specifically changed to define the acceptable documents.
So, while I can't definitely say HO will not accept ID card, the CW has the right to decline points based on clause 46-SD(h)(iv) if only ID card is provided.

Full list of changes:
https://www.gov.uk/government/uploads/s ... hanges.pdf

Yeah I understand what you said Marcnath, perhaps we need to figure out something that can work for every one, If someone employees hired before March 2017 and also left the job before March 2017 then this left no way for employer to recall employee and ask for another form of ID which initially wasn't required. Any form of Cover Letter with the above gov.uk document requirement printout can have positive impact on CW and before declining they will see the options for further followup with that case on these grounds. What you say about this?

Do you have any guidance saved before March 2017 or link ?

[marcnath]

Again, agree.

It is impractical to go collect documents retroactively.

Since this is relatively new and it may not effect everyone, it is too early to say if UKVI is strict about this.

To complicate things, it looks like they have stopped issuing residence cards to EU/EEA workers (due to Brexit process, I think). When the 1st case came on this forum, I had found that they could apply for an optional residence card (not permanent residence) but that seems to have been removed now.

If an employer does not have the passport or cannot get it, then the only option is to write in explain it and hope for the best. I expect UKVI will accept it in most cases.

[sm12]

Yunas

Here is the guidance from November 2016
http://webarchive.nationalarchives.gov. ... trepreneur

and April 2016
http://webarchive.nationalarchives.gov. ... trepreneur

Here is the archive link:
http://webarchive.nationalarchives.gov. ... ce.gov.uk/

[yunas]

Thank you both for sharing your views and links.

[Richard W]

4.Does the worker have an EU, EEA or Swiss passport or National Identity Card or are they a named person in their parent's or child's passport?
Yes

The person is entitled to work in the UK.

Of course, that's not strictly true, even ignoring Croatians. The person is entitled to work full time, but not necessarily one afternoon a week!

[zamanam]

Hi

For settled worker is there any requirement of valid passport or resident permit. What if these documents have expired as I have a staff who passport expired few months back and he said its not a big issue as they can still travel within EU without valid passport.

Anyone has any idea?

[marcnath]

Hi

For settled worker is there any requirement of valid passport or resident permit. What if these documents have expired as I have a staff who passport expired few months back and he said its not a big issue as they can still travel within EU without valid passport.

Anyone has any idea?

There is no requirement that the passport has to be current. Expired passports have been accepted.

[zamanam]

Hi


Many thanks - can we also use his polish residency card as he doesn't have a passport as EU people don't need passport to travel.

thanks

Hi

For settled worker is there any requirement of valid passport or resident permit. What if these documents have expired as I have a staff who passport expired few months back and he said its not a big issue as they can still travel within EU without valid passport.

Anyone has any idea?

There is no requirement that the passport has to be current. Expired passports have been accepted.

[vinny]

50(d) doesn't include foreign residency card.

[zamanam]

thanks thats bad. Is there anything I can do now as I just have 6 months now left for extension?