Are EU people settled workers ?

mohammed1980 wrote:Could someone please advise if 2 employees who are Portuguese Passport holders will be considered as UK settled workers or not?

zimba88 wrote:

mohammed1980 wrote:Could someone please advise if 2 employees who are Portuguese Passport holders will be considered as UK settled workers or not?

Why don't you read the guide ???? This is clearly explained in Annex A29 in the guide.

zimba88 wrote:

mohammed1980 wrote:Could someone please advise if 2 employees who are Portuguese Passport holders will be considered as UK settled workers or not?

Why don't you read the guide ???? This is clearly explained in Annex A29 in the guide.

Kerim90 wrote: I read the guide and called home office. What they said was eu passport holders don't consider as uk settled unless they can provide PR.
What I understood only ILR, PR and uk passport holders considered as U.K. Settled worker.

Please correct me if I am wrong.

Thanks

For the purposes of this route a ‘settled worker’ is a person who is:
1) a national of the UK
2)British overseas territories citizens, except those from sovereign base areas in Cyprus. Those included are
o Anguilla
o Bermuda
o British Antarctic Territory
o British Virgin Islands
o British Indian Ocean Islands
o Cayman Islands
o Falkland Islands and dependencies
o Gibraltar
o Montserrat
o Pitcairn Islands
o St Helena, Ascension and Tristan da Cunha
o Turks and Caicos Islands
3) Commonwealth citizens who were allowed to enter or to remain in the UK on the basis that a grandparent was born here
4) 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.
5) a national of:
o Austria
o Belgium
o Bulgaria
o Croatia (other than a national of Croatia requiring worker authorisation in the event that they take employment in the UK
o Cyprus
o Czech Republic
o Denmark
o Estonia
o Finland
o France
o Germany
o Greece
o Hungary
o Iceland
o Republic of Ireland
o Italy
o Latvia
o Liechtenstein
o Lithuania
o Luxembourg
o Malta
o the Netherlands
o Norway
o Poland
o Portugal
o Romania
o Slovakia
o Slovenia
o Spain
o Sweden
o Switzerland who is exercising an EC Treaty Right in the UK

Workers who need approval to work in the UK cannot count towards the award of points even if they have permission to work for the applicant’s business. Any holder of a letter of permission to work under any of the Tier 1 of the points-based system categories will not count for the award of points.

aby00156 wrote:

Kerim90 wrote: I read the guide and called home office. What they said was eu passport holders don't consider as uk settled unless they can provide PR.
What I understood only ILR, PR and uk passport holders considered as U.K. Settled worker.

Please correct me if I am wrong.

Thanks

Its clearly mentioned in the ECO's guidance :

For the purposes of this route a ‘settled worker’ is a person who is:
1) a national of the UK
2)British overseas territories citizens, except those from sovereign base areas in Cyprus. Those included are
o Anguilla
o Bermuda
o British Antarctic Territory
o British Virgin Islands
o British Indian Ocean Islands
o Cayman Islands
o Falkland Islands and dependencies
o Gibraltar
o Montserrat
o Pitcairn Islands
o St Helena, Ascension and Tristan da Cunha
o Turks and Caicos Islands
3) Commonwealth citizens who were allowed to enter or to remain in the UK on the basis that a grandparent was born here
4) 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.
5) a national of:
o Austria
o Belgium
o Bulgaria
o Croatia (other than a national of Croatia requiring worker authorisation in the event that they take employment in the UK
o Cyprus
o Czech Republic
o Denmark
o Estonia
o Finland
o France
o Germany
o Greece
o Hungary
o Iceland
o Republic of Ireland
o Italy
o Latvia
o Liechtenstein
o Lithuania
o Luxembourg
o Malta
o the Netherlands
o Norway
o Poland
o Portugal
o Romania
o Slovakia
o Slovenia
o Spain
o Sweden
o Switzerland who is exercising an EC Treaty Right in the UK

Workers who need approval to work in the UK cannot count towards the award of points even if they have permission to work for the applicant’s business. Any holder of a letter of permission to work under any of the Tier 1 of the points-based system categories will not count for the award of points.

Kerim90 wrote:Thanks for reply.
I have seen and read this on guideline.
The last paragraph was confusing.it doesn't clearly state that eu passport holders without PR counts as uk settled worker.

Kerim90 wrote:

zimba88 wrote:

mohammed1980 wrote:Could someone please advise if 2 employees who are Portuguese Passport holders will be considered as UK settled workers or not?

Why don't you read the guide ???? This is clearly explained in Annex A29 in the guide.

I read the guide and called home office. What they said was eu passport holders don't consider as uk settled unless they can provide PR.
What I understood only ILR, PR and uk passport holders considered as U.K. Settled worker.

Please correct me if I am wrong.

Thanks

Casa wrote:Because if they don't have Permanent Residence (PR) they aren't considered to have 'settled status'. In the same way that any foreign national under UK Rules isn't settled until they have been granted Indefinite Leave to Remain (ILR).

Casa wrote:For once, the HO 'help line' are correct. The following explains it fairly clearly (from quora):
Disregarding some special categories of people connected to former colonies:
British citizens are considered "settled" from the moment they start living in the UK.
EU/EFTA citizens exercising their right to free movement acquire the right to permanent residence and settled status after five years of uninterrupted residence in the UK.
Other foreign citizens may apply for "indefinite leave to remain" under certain circumstances (generally after five years of legal residence, with some restrictions)

mohammed1980 wrote:

Casa wrote:For once, the HO 'help line' are correct. The following explains it fairly clearly (from quora):
Disregarding some special categories of people connected to former colonies:
British citizens are considered "settled" from the moment they start living in the UK.
EU/EFTA citizens exercising their right to free movement acquire the right to permanent residence and settled status after five years of uninterrupted residence in the UK.
Other foreign citizens may apply for "indefinite leave to remain" under certain circumstances (generally after five years of legal residence, with some restrictions)

Thanks a lot for this information. It really makes sense why EU people are not considered settled workers.

But what about those who have already employed EU nationals without PR?

“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.”

Casa wrote:

mohammed1980 wrote:

Casa wrote:For once, the HO 'help line' are correct. The following explains it fairly clearly (from quora):
Disregarding some special categories of people connected to former colonies:
British citizens are considered "settled" from the moment they start living in the UK.
EU/EFTA citizens exercising their right to free movement acquire the right to permanent residence and settled status after five years of uninterrupted residence in the UK.
Other foreign citizens may apply for "indefinite leave to remain" under certain circumstances (generally after five years of legal residence, with some restrictions)

Thanks a lot for this information. It really makes sense why EU people are not considered settled workers.

But what about those who have already employed EU nationals without PR?

I can't help with that one unfortunately, but hopefully someone else will be able to.

Casa wrote:The first with ILR is considered to be settled.
The Lithuanian national? Have they been 'exercising their Treaty rights' in the UK for at least 5 years? Do they have formal confirmation of PR? i.e A certificate of Permanent Residence?

zimba88 wrote: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.

What is a settled worker? A29 wrote: ...
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, Croatia*, 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;
*other than a Croatian national subject to worker authorisation under the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013
...

Interpretation wrote:“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.”

All EEA nationals have an initial right of residence in the UK of three months. All EEA nationals have a right to continue to reside in the UK as long as they are a ‘qualified person’, i.e. they are an EEA national exercising Treaty rights in the UK. Treaty rights refer to any of the following:-
- Employment (including job seeking)
- Self-Employment
- Study
- Economic Self-Sufficiency
Those in study and the economically self-sufficient have to have comprehensive sickness insurance in place (in order not to become a financial burden on the host state) before their Treaty rights are effective.