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Exercising an EC Treaty Right

Only for UK Tier 1 (Entrepreneur) points system

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businessmanuk
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Exercising an EC Treaty Right

Post by businessmanuk » Tue Oct 04, 2016 7:51 pm

I wanted to understand what does exercising an EC Treaty Right means?

I am thinking to hire an employee from Norway who is a student in the UK on the part time position. What things do I need to check to ensure if the Norway student is exercising an EC Treaty Right as a student in the UK?

Thanks for your help!

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Zimba
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Re: Exercising an EC Treaty Right

Post by Zimba » Tue Oct 04, 2016 8:43 pm

Read the guide !!!!!! It is very clear there. I am seriously annoyed that I have to repeat this several times on this forum EVERY SINGLE DAY to people who are not even bothered to read the guide for a visa they are on :?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

businessmanuk
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Re: Exercising an EC Treaty Right

Post by businessmanuk » Tue Oct 04, 2016 8:46 pm

zimba88 wrote:Read the guide !!!!!! It is very clear there. I am seriously annoyed that I have to repeat this several times on this forum EVERY SINGLE DAY to people who are not even bothered to read the guide for a visa they are on :?
I have read the guidance and wasn't sure which is why I bothered to post it here and clarify if you don't mind explaining me as well? thanks

businessmanuk
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Re: Exercising an EC Treaty Right

Post by businessmanuk » Tue Oct 04, 2016 9:19 pm

Anyone else going to help here? Thanks

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Zimba
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Re: Exercising an EC Treaty Right

Post by Zimba » Tue Oct 04, 2016 9:32 pm

No you have not. Page 74 of guide CLEARLY says a national of Norway is considered a settled worker.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

businessmanuk
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Re: Exercising an EC Treaty Right

Post by businessmanuk » Tue Oct 04, 2016 10:01 pm

zimba88 wrote:No you have not. Page 74 of guide CLEARLY says a national of Norway is considered a settled worker.
CLEARLY YOU DIDN'T UNDERSTAND MY QUESTION! I said I read it and I know it says something about settled worker on page 74 for Norway.

Read the question again and give it another go if you want!

What does exercising an EC Treaty Right means?
If a person from Norway who is a student in the UK considered as exercising an EC Treaty Rights?

sm12
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Re: Exercising an EC Treaty Right

Post by sm12 » Wed Oct 05, 2016 1:55 am

Yes

vinny
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Re: Exercising an EC Treaty Right

Post by vinny » Wed Oct 05, 2016 2:20 am

You may employ an EU national as a settled worker. However, to get 20 points, you may need the equivalent of at least two new full time jobs for persons settled in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Casa
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Re: Exercising an EC Treaty Right

Post by Casa » Wed Oct 05, 2016 9:08 am

An EEA citizen is only considered to be exercising their Treaty rights as a student if they hold CSI
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Irfanmz
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Re: Exercising an EC Treaty Right

Post by Irfanmz » Wed Oct 05, 2016 11:27 am

it is really hard to get Zimba annoyed :) and for some reason you succeeded to do that :)

Zimba is very knowledgeable person!

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Zimba
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Re: Exercising an EC Treaty Right

Post by Zimba » Wed Oct 05, 2016 12:25 pm

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

In the context of Tier 1E visa, simply giving a job to a student from Norway who is exercising his/her Treaty Rights is perfectly fine.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

businessmanuk
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Re: Exercising an EC Treaty Right

Post by businessmanuk » Wed Oct 05, 2016 2:39 pm

Casa wrote:An EEA citizen is only considered to be exercising their Treaty rights as a student if they hold CSI
Could you please let me know the full form of CSI so I can ask the person if they hold it? Many thanks

businessmanuk
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Re: Exercising an EC Treaty Right

Post by businessmanuk » Wed Oct 05, 2016 3:19 pm

I managed to look further in to this and found the article about CSIC [Comprehensive Sickness Insurance Cover]
& European Health Insurance Card (EHIC).

I understand the EEA employee needs to be in the UK for at least five years to be considered as a settle person.

Now the question is Does the student living in the UK less than 5 years with CSIC [Comprehensive Sickness Insurance Cover] or European Health Insurance Card (EHIC) is considered as a permanent citizen as a settle worker and can we claim points for that person?

Thanks for your help

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aby00156
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Re: Exercising an EC Treaty Right

Post by aby00156 » Wed Oct 05, 2016 4:07 pm

businessmanuk wrote:I understand the EEA employee needs to be in the UK for at least five years to be considered as a settle person.
As mentioned by other members
you are wrong, for Tier 1 Ent an EEA employee is considered to be a settled person if he or she is from the list of countries as mentioned in the guidance. There is no need for them to be in UK for at-least 5 years to be considered to be settled.

If you go through the forum, you will find some people whose visa is approved using an EEA employee.
So verily, with every difficulty, there is relief.

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Re: Exercising an EC Treaty Right

Post by noajthan » Wed Oct 05, 2016 4:10 pm

businessmanuk wrote:I managed to look further in to this and found the article about CSIC [Comprehensive Sickness Insurance Cover]
& European Health Insurance Card (EHIC).

I understand the EEA employee needs to be in the UK for at least five years to be considered as a settle person.

Now the question is Does the student living in the UK less than 5 years with CSIC [Comprehensive Sickness Insurance Cover] or European Health Insurance Card (EHIC) is considered as a permanent citizen as a settle worker and can we claim points for that person?

Thanks for your help
The rules for T1E are different and for your purposes the EEA national does *not* need to be settled in UK ie in the context of settled/PR.
Mere exercise of treaty rights is enough (student with CSI).
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