What does a settled person means for hiring an employee?

Hi Members,
Can anyone guide that on Tier 1 (Entrepreneur) visa applicant hire an employee who is on the ILR? HO asks that employee should be a settled person in UK or EU, so a person who holds an ILR can come in this category of 'settled person'? And would that employee be counted as an employee for visa extension?

Thank you

zimba88 wrote:Yes, an individual with ILR status is a settled person. A job created for such an individual is accepted for Tier 1 extension/ILR applications.

Does EU passport holder consider as a settled person?
I am still confuse about this. I have contacted the home office help line 2 months ago and they said EU passport holder must have PR in order to be consider as a settled worker.

From guidance :

"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.gov.uk/government/collection ... tion-rules.

And after there is list of EU countries.


Anybody had or will apply with EU employees ?
Thanks

Kerim90 wrote:Does EU passport holder consider as a settled person?
I am still confuse about this. I have contacted the home office help line 2 months ago and they said EU passport holder must have PR in order to be consider as a settled worker.

The helpline was mistaken.

zimba88 wrote:Yes, an individual with ILR status is a settled person. A job created for such an individual is accepted for Tier 1 extension/ILR applications.

Hi,
Thank you so much for your help.

Regards,
AS

Kerim90 wrote:

zimba88 wrote:Yes, an individual with ILR status is a settled person. A job created for such an individual is accepted for Tier 1 extension/ILR applications.

Does EU passport holder consider as a settled person?
I am still confuse about this. I have contacted the home office help line 2 months ago and they said EU passport holder must have PR in order to be consider as a settled worker.

From guidance :

"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.gov.uk/government/collection ... tion-rules.

And after there is list of EU countries.


Anybody had or will apply with EU employees ?
Thanks

Hi,
I checked the link you provided but could not find the paragraph 6 of immigration rules. Can you please help regarding this? Or if you know the direct link of paragraph 6?

Thank you and Regards,
AS

This is what Immigration paragraph 6 states

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.”

What does "PR" mean in the context used above?

Sorry, so just to be clear: so then if I found a potential hire I love, but that hire is a Portuguese citizen living in the UK who doesn't have "permanent residence" they'll still count as a "settled worker" for T1E extension and ILR purposes?

Yes.

vinny wrote:Yes.

Thanks, Vinny.

Is an EU-employee (mine is from Spain) still considered a "Settled worker" if he has a home in both the UK and Spain? In my situation, the employee pays all taxes in the UK and works in the UK and also lives here most of the year in his flat. Also this worker has lived in the UK for at least the previous three years. But he also maintains a home in the Spanish town where he grew up in.

Much of the time he works remotely for my company (just because the nature of the work he does he can do most of the work I hired him for from anywhere as long as he has a laptop and Internet connection). So most of the time he's working remotely in the UK, but theoretically I guess he could be working remotely from his other home in Spain if he wanted.

But again, I hired him in the UK, he has a flat here, he has a National Insurance number, and I pay his PAYE to HMRC and he pays all his other taxes in the UK.

The Immigration Rules define a "settled worker" as someone who can live and work in the UK without needing a visa and who is also "ordinarily resident" in the UK. But from all my research, I can't find any kind of statutory definition of what constitutes "ordinarily resident".

It seems ok, provided he is primarily resident here. Working remotely is becoming increasingly common, so as long as he is resident here it should be ok.