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Tier 1 Entrepreneur extension

Only for UK Tier 1 (Entrepreneur) points system

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oakimin
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Tier 1 Entrepreneur extension

Post by oakimin » Wed May 24, 2017 3:12 pm

Please can someone help?
When apply for T1E extension, if the employee is a EEA national, can his national ID be used as a proof of his status instead of a passport copy as some EEA national they don't have passport at all.

Many thanks,

Helen

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marcnath
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Re: Tier 1 Entrepreneur extension

Post by marcnath » Wed May 24, 2017 8:00 pm

Yes, the guidance states:
Evidence of settled worker status
A30. When you or your business employs a worker for whom points will be claimed, the employer is responsible for checking that the worker is not an illegal worker. The employer is required to copy certain documents and keep them. These documents are listed in the summary guidance for employers on preventing illegal working, which you can download from GOV.UK.

And the relevant documents can be found at https://www.gov.uk/government/uploads/s ... r_2014.pdf

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Zimba
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Re: Tier 1 Entrepreneur extension

Post by Zimba » Wed May 24, 2017 11:23 pm

The consensus has always been that EEA ID cards should be acceptable by HO however the Tier 1E guide only mentions:
If the employee is an EEA national, the biometric data page of a passport containing their photograph and personal details, or a UK registration certificate/permanent residence document;
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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marcnath
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Re: Tier 1 Entrepreneur extension

Post by marcnath » Thu May 25, 2017 8:50 am

zimba88 wrote:The consensus has always been that EEA ID cards should be acceptable by HO however the Tier 1E guide only mentions:
If the employee is an EEA national, the biometric data page of a passport containing their photograph and personal details, or a UK registration certificate/permanent residence document;
Interesting - this is new in the latest version issued last month.

Zimba - hats off to you on being so on the ball.

And a typical example of UKVI drafting this not consulting with their colleagues. An EEA passport is not needed to get into country- they accept the National Identity card at the Border. So, it is illogical to get an employee to acquire a passport for the purposes of the employers Visa application.

I also notice that it says "You must provide copies of the following documents which demonstrate that each employee has settled status in the UK".

It DOES NOT say "any one of ...." which is what I am sure they meant.

oakimin
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Re: Tier 1 Entrepreneur extension

Post by oakimin » Thu May 25, 2017 9:07 am

zimba88 wrote:The consensus has always been that EEA ID cards should be acceptable by HO however the Tier 1E guide only mentions:
If the employee is an EEA national, the biometric data page of a passport containing their photograph and personal details, or a UK registration certificate/permanent residence document;
Hi, Zimba88, That's exactly what I mean. So in this kind of situation, do we just have to submit the ID card and wait to see what happen? :(

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marcnath
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Re: Tier 1 Entrepreneur extension

Post by marcnath » Thu May 25, 2017 10:56 am

Since the guidance has been updated, I would not take any risks if I were applying today.

Your employee can get a UK registration certificate if he/she has not done so yet. That will meet the requirements even without the passport.

You can do so https://visas-immigration.service.gov.uk/product/eea-qp

If needed, I would reimburse the fees for the person to get this certificate

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Zimba
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Re: Tier 1 Entrepreneur extension

Post by Zimba » Thu May 25, 2017 11:09 am

marcnath wrote:Since the guidance has been updated, I would not take any risks if I were applying today.

Your employee can get a UK registration certificate if he/she has not done so yet. That will meet the requirements even without the passport.

You can do so https://visas-immigration.service.gov.uk/product/eea-qp

If needed, I would reimburse the fees for the person to get this certificate
Good idea
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oakimin
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Re: Tier 1 Entrepreneur extension

Post by oakimin » Thu May 25, 2017 12:02 pm

marcnath wrote:Since the guidance has been updated, I would not take any risks if I were applying today.

Your employee can get a UK registration certificate if he/she has not done so yet. That will meet the requirements even without the passport.

You can do so https://visas-immigration.service.gov.uk/product/eea-qp

If needed, I would reimburse the fees for the person to get this certificate

Thanks for your replying, but they are previous employees, how can I do that now? :(

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Zimba
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Re: Tier 1 Entrepreneur extension

Post by Zimba » Thu May 25, 2017 12:07 pm

Well you have no option to send the IDs. It is unlikely that HO will reject the evidence
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marcnath
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Re: Tier 1 Entrepreneur extension

Post by marcnath » Thu May 25, 2017 1:03 pm

Yes, and in your cover letter it will be worth explaining that you COLLECTED the evidence as needed in the guidance that was existing at the time.

oakimin
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Re: Tier 1 Entrepreneur extension

Post by oakimin » Thu May 25, 2017 1:41 pm

zimba88 wrote:Well you have no option to send the IDs. It is unlikely that HO will reject the evidence

Thank you very much for your reply!

oakimin
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Re: Tier 1 Entrepreneur extension

Post by oakimin » Thu May 25, 2017 1:42 pm

marcnath wrote:Yes, and in your cover letter it will be worth explaining that you COLLECTED the evidence as needed in the guidance that was existing at the time.

Thank you!

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