European National as a employee

Dear Concern/Zimba

Can we hire a European national residing in UK and having a NI Number for creating a full time Job?
There are a lot of posts related to this topic, but all of them are confusing, according to the policy guidance May,2016, we can hire European nationals as a settled worker.

But when I asked OISC registered Immigration Lawyer about this, he told me that, we can not hire them as a settled worker and for this they have to be on 5 years PR UK visa and he discussed this with HO person.

doodle wrote:Dear Concern/Zimba

Can we hire a European national residing in UK and having a NI Number for creating a full time Job?
There are a lot of posts related to this topic, but all of them are confusing, according to the policy guidance May,2016, we can hire European nationals as a settled worker.

But when I asked OISC registered Immigration Lawyer about this, he told me that, we can not hire them as a settled worker and for this they have to be on 5 years PR UK visa and he discussed this with HO person.

Your advisor is misinformed or you have misunderstood him/her. And you/she may be ill-advised to rely on HO helpline advice.

"Settled" in a T1E context does not have the same meaning as "settled" in an EU migration context.
Despite not being a full statement of relevant legislation the policy guidance is your friend here.

We already covered this before. The definition of `Settled Worker` according to immigration rules includes EEA citizens. Look at the guide Annex A (A29) it is clear who you can hire according to the immigration rules. Your advisor needs to look at that !

http://www.immigrationboards.com/uk-tie ... 09533.html

noajthan wrote:

doodle wrote:Dear Concern/Zimba

Can we hire a European national residing in UK and having a NI Number for creating a full time Job?
There are a lot of posts related to this topic, but all of them are confusing, according to the policy guidance May,2016, we can hire European nationals as a settled worker.

But when I asked OISC registered Immigration Lawyer about this, he told me that, we can not hire them as a settled worker and for this they have to be on 5 years PR UK visa and he discussed this with HO person.

Your advisor is misinformed or you have misunderstood him/her. And you/she may be ill-advised to rely on HO helpline advice.

"Settled" in a T1E context does not have the same meaning as "settled" in an EU migration context.
Despite not being a full statement of relevant legislation the policy guidance is your friend here.

he told me that,they must live here for five years and after that they will be consider a settled worker. before that they can work for full time but we (on entrepreneur visa) cannot hire them as a settled worker.

zimba88 wrote:We already covered this before. The definition of `Settled Worker` according to immigration rules includes EEA citizens. Look at the guide Annex A (A29) it is clear who you can hire according to the immigration rules. Your advisor needs to look at that !

http://www.immigrationboards.com/uk-tie ... 09533.html

I showed him, he told me that its depends on the case worker, whether he/she consider this option or not. so, for the safe side you can only hire British passport holder and/or ILR holder

doodle wrote:

zimba88 wrote:We already covered this before. The definition of `Settled Worker` according to immigration rules includes EEA citizens. Look at the guide Annex A (A29) it is clear who you can hire according to the immigration rules. Your advisor needs to look at that !

http://www.immigrationboards.com/uk-tie ... 09533.html

I showed him, he told me that its depends on the case worker, whether he/she consider this option or not. so, for the safe side you can only hire British passport holder and/or ILR holder

There are people who already got their extension approved by employing an EEA citizen without PR.
Your visa will be granted on the baisis of the immigration rules and not based on the case worker.

I showed him, he told me that its depends on the case worker, whether he/she consider this option or not. so, for the safe side you can only hire British passport holder and/or ILR holder

No it does not depend on the case worker as s/he has to follow the rules. The rules permit this and you can hire them.

I think I should rely on policy guidance and follow the rules which are mentioned there.

Thanks all

doodle wrote:I think I should rely on policy guidance and follow the rules which are mentioned there.

Thanks all

Suggest fire that advisor before you are led astray with adverse consequences.

noajthan wrote:

doodle wrote:I think I should rely on policy guidance and follow the rules which are mentioned there.

Thanks all

Suggest fire that advisor before you are led astray with adverse consequences.

Thanks noajthan.

He is on entrepreneur visa as well and sharing office with me and practising immigration lawyer. That's why i asked him.

anyway i will definitely won't ask

Would be interesting to know what level of OISC training he has done and if he is in fact a registered member of OISC. Anyone can do the Level 1 course and claim they are 'qualified', it it only a one day course, it is not rocket science.

Unfortunately, many who have only done Level 1 consider themselves 'expert'.

CR001 wrote:Would be interesting to know what level of OISC training he has done and if he is in fact a registered member of OISC. Anyone can do the Level 1 course and claim they are 'qualified', it it only a one day course, it is not rocket science.

Unfortunately, many who have only done Level 1 consider themselves 'expert'.

Perhaps a day as a member of the ImmigrationBoards community would sort him out and set him on the right road.

noajthan wrote:

CR001 wrote:Would be interesting to know what level of OISC training he has done and if he is in fact a registered member of OISC. Anyone can do the Level 1 course and claim they are 'qualified', it it only a one day course, it is not rocket science.

Unfortunately, many who have only done Level 1 consider themselves 'expert'.

Perhaps a day as a member of the ImmigrationBoards community would sort him out and set him on the right road.

Indeed and a day as a mod will see him running for the hills questioning 'why immigration'!!

Yes he is on level 1 and getting his trainning for level 2

doodle wrote:Yes he is on level 1 and getting his trainning for level 2

Level 1 is very basic and level 2 is a two day course. Suggest do your own research or ask on the forum, at least you can get lots of contributors.

The point is, he has given you incorrect advice. You can employ an EU citizen.

Also it is now a tendency among all solicitors I consulted in the past to misguide/mislead the applicants, scaremonger us so they keep in business, I have successfully extended my visa by employing EU national who had no settled status or ILR, nor citizenship in UK. It is sometimes mandatory to hire a solicitors, but, only where you have given your best, and it doesn't work for you. But if you are an entrepreneur who must have signed, studied various contracts, agreements and have prepared for any examination, or presentation in business, you should well be on it on your own. Best of luck.

solomondid wrote:Also it is now a tendency among all solicitors I consulted in the past to misguide/mislead the applicants, scaremonger us so they keep in business, I have successfully extended my visa by employing EU national who had no settled status or ILR, nor citizenship in UK. It is sometimes mandatory to hire a solicitors, but, only where you have given your best, and it doesn't work for you. But if you are an entrepreneur who must have signed, studied various contracts, agreements and have prepared for any examination, or presentation in business, you should well be on it on your own. Best of luck.

Thank you for sharing. Just a point to note, an OISC advisor is not necessarily a solicitor. Anyone can do the OISC courses and you need no formal legal training to do it.

The majority of advice given to people I've seen on this forum (either by advisers or solicitors) have been mainly inaccurate or simply incorrect. This is possibly because success under Tier 1E route requires good knowledge of the entrepreneurship, business practices and regulations, immigration rules, accounting, etc.

There are very few people in the legal sector who have a good grasp on this legal soup. If your case is not complex, my suggestion is to stay away from them if you can. A high skilled migrant should be able to navigate the rules and regulations and prepare the required documents and comply with the rules without a lot of problems.

About a month ago I sent an email to Homeoffice regarding the employing an EEA citizen without PR.

Please see below reply from Home office:



The requirement is to create jobs for persons settled in the UK. The Immigration Rules define settled in the United Kingdom” as a person who:

(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and

(b) is either:



(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.

If the workers meet this definition of being settled in the UK, then they would be acceptable. There is information on EU migration on the GOV.UK website https://www.gov.uk/browse/visas-immigra ... mmonwealth

Kerim90 wrote:About a month ago I sent an email to Homeoffice regarding the employing an EEA citizen without PR.

Please see below reply from Home office:



The requirement is to create jobs for persons settled in the UK. The Immigration Rules define settled in the United Kingdom” as a person who:

(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and

(b) is either:



(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.

If the workers meet this definition of being settled in the UK, then they would be acceptable. There is information on EU migration on the GOV.UK website https://www.gov.uk/browse/visas-immigra ... mmonwealth

I believe that means yes we can employ EEA citizen without PR.

As we said before and based on the rules, it was quite obvious I would say