REFUSAL OF TIER 1 APP DUE TO UNSETTLED WORKER CLAIM

Umzaina92 · Post by **Umzaina92** » Mon Nov 12, 2018 8:20 pm

Please help me with my enquiry whoever has any information would be much appreciated.
Hi there
I applied for the accelerated route from entrepreneurial visa to ILR based on the fact I have employed many more than 10 people and I gave evidence for what I thought would be 10 workers, however the home office rejected my claim due to the fact they said 7 of these 12 were not settled workers because they have not got ILR. Where can I find the page of guidance which says non British or eu citizens are not classed as settled workers. I need help because I have only one week to decide whether to go for the extension or to re apply if I can. Please can anyone advice on what they did and what I can do .. thanks
Adel

CR001 · Post by **CR001** » Mon Nov 12, 2018 9:14 pm

they said 7 of these 12 were not settled workers

So what is the UK immigration status of these 7 employees???

What evidence of their settled or immigration an ID status did you submit??

A settled worker is a person holding ILR, a British citizen or an EU citizen, as clearly stated in the guidance notes.

marcnath · Post by **marcnath** » Mon Nov 12, 2018 9:15 pm

Umzaina92 wrote: ↑
Mon Nov 12, 2018 8:20 pm
Please help me with my enquiry whoever has any information would be much appreciated.
Hi there
I applied for the accelerated route from entrepreneurial visa to ILR based on the fact I have employed many more than 10 people and I gave evidence for what I thought would be 10 workers, however the home office rejected my claim due to the fact they said 7 of these 12 were not settled workers because they have not got ILR. Where can I find the page of guidance which says non British or eu citizens are not classed as settled workers. I need help because I have only one week to decide whether to go for the extension or to re apply if I can. Please can anyone advice on what they did and what I can do .. thanks
Adel

I assume you have the guidance document. Please go through it and search for the words Settled Worker. Page 53 has a section entitled What is a settled worker?

Umzaina92 · Post by **Umzaina92** » Wed Nov 14, 2018 4:31 pm

So does that mean the home office were right and those with refugee 5 years visa and claiming asylum through to ilr do not have any basis ?

CR001 · Post by **CR001** » Wed Nov 14, 2018 4:34 pm

Umzaina92 wrote: ↑
Wed Nov 14, 2018 4:31 pm
So does that mean the home office were right and those with refugee 5 years visa and claiming asylum through to ilr do not have any basis ?

Do they hold a BRP card stating refugee ILR or settlement or do they hold a brp card valid for 5 years limited leave to remain.

Umzaina92 · Post by **Umzaina92** » Wed Nov 14, 2018 4:56 pm

One of the rejected ones had ilr and three had brp cards valid for 5 years with refugee on

CR001 · Post by **CR001** » Wed Nov 14, 2018 5:11 pm

Only an employee holding ILR and proof of it in original format can be used for qualifying employee purposes on tier 1.

Those they don't hold ILR are not settled workers., so in that respect HO is correct.

So that is 4 workers. What about the other 3, you said HO ignored 7??

Umzaina92 · Post by **Umzaina92** » Wed Nov 14, 2018 6:09 pm

the other three were all Europeans
Two were Romanian and had all payslips but because we didn’t have Id for them they weren’t accepted and the last was Spanish who had been working one year but because we hadn’t submitted the final payslip he was ignored also

CR001 · Post by **CR001** » Wed Nov 14, 2018 6:16 pm

Why did you not submit the mandatory documents?

The decision to reject appears correct then.

hkay1 · Post by **hkay1** » Wed Nov 14, 2018 7:58 pm

You have clearly missed out the mandatory documents. Please read the caseworker guidance and read through the forum for the documents people have used there are many lists on this forum. The answers are in here. Otherwise please seek professional guidance for your next application.

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REFUSAL OF TIER 1 APP DUE TO UNSETTLED WORKER CLAIM

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