Are EU people settled workers ?

[vinny]

Try to get the appropriate documents from your employee, as specified.

[zamanam]

Hmm - He has already left (good terms) though I emailed him but no response so far...

[marcnath]

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

You can ask the employee to apply for a passport now - they should get it before your application date.

Or they can apply for a UK registration card, which is an acceptable document, at https://visas-immigration.service.gov.uk/product/eea-qp

The page says an EEA person DOES NOT NEED to apply for this, but neither does it say that they can't.

You possibly should offer to pick up the costs for either.

[marcnath]

Hmm - He has already left (good terms) though I emailed him but no response so far...

OK. I realise either is tough if he has left and is not contactable

How long was his employment for - the entire 12 months ? If not, you can hire someone else to make up to 6 months.

Otherwise, you can argue that the EU residence card is sufficient to right to work and that is what you checked when you applied. And request that it be accepted. I think there is a good chance HO will not accept.

[kingraja]

Hmm - He has already left (good terms) though I emailed him but no response so far...

OK. I realise either is tough if he has left and is not contactable

How long was his employment for - the entire 12 months ? If not, you can hire someone else to make up to 6 months.

Otherwise, you can argue that the EU residence card is sufficient to right to work and that is what you checked when you applied. And request that it be accepted. I think there is a good chance HO will not accept.

I have done the same as Marcnath is advising you but I have also contacted ukvi help centre and they confirmed me that national ID cards for EU workers are acceptable form of ID to prove their nationality.

[bizman]

Despite the fact that there are lots of ambiguity in the Tier 1 rule. The rule and guide specifically spoke of the Treaty right that can be exercised by an EU citizen. This is the way a British citizen also exercise this right in any EU country until after Brexit. If any CW refuse either an ID card or passport of an EU citizen, such issue will constitute the break of the treaty, which gives an applicant right to sue the HO. I have however never seen any applicant they refused either EU ID or passport of their employee.

[marcnath]

Hmm - He has already left (good terms) though I emailed him but no response so far...

OK. I realise either is tough if he has left and is not contactable

How long was his employment for - the entire 12 months ? If not, you can hire someone else to make up to 6 months.

Otherwise, you can argue that the EU residence card is sufficient to right to work and that is what you checked when you applied. And request that it be accepted. I think there is a good chance HO will not accept.

In the last line, I meant to say " I think there is a good chance HO will not accept."

[vinny]

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.

Was it a polish residency card or a polish nationality card?
Are they the same or different?

[zamanam]

HI Many thanks

It says polish ID card (I don't know the difference in polish ID card and resident permit)

Thanks

[zamanam]

Thanks all

Hmm - He has already left (good terms) though I emailed him but no response so far...

OK. I realise either is tough if he has left and is not contactable

How long was his employment for - the entire 12 months ? If not, you can hire someone else to make up to 6 months.

Otherwise, you can argue that the EU residence card is sufficient to right to work and that is what you checked when you applied. And request that it be accepted. I think there is a good chance HO will not accept.

I have done the same as Marcnath is advising you but I have also contacted ukvi help centre and they confirmed me that national ID cards for EU workers are acceptable form of ID to prove their nationality.

Thanks I will try my luck!

[vinny]

A difficulty is that neither the 50(d) nor caseworkers’ guidance specified identity cards as acceptable evidence of settled worker status.

However, the Policy Guidance for applicants has a link.

Evidence of settled worker status

A9. When you or your business employs a worker for whom points will be claimed, the employer is responsible for checking that the worker is not an illegal worker. The employer is required to copy certain documents and keep them. These documents are listed in the summary guidance for employers on preventing illegal working, which you can download from GOV.UK.

Included:

D. Nationals from the European Economic Area (EEA) and their non EEA family members
EEA (and Swiss) Nationals
All nationals from European Economic Area (EEA) countries and Switzerland, with the exception of Croatia, are free to live and work in the UK. They may demonstrate their right to work through their EEA (or Swiss) passport or national identity document Examples of passports and national identity cards may be seen here and you may accept an expired EEA or Swiss passport to establish the right to work (although check the photograph carefully against the physical image of the holder).

So, caseworkers may have discretion to accept EEA national identity cards as evidence of settled status. But you may have to steer them in the right direction....

[zamanam]

Thanks - How I can steer them in that director by referring to these legal points?

[vinny]

Yes. By referencing their guidances.

[zamanam]

Yes. By referencing their guidances.

thanks