Romanians....

smiles345 · Post by **smiles345** » Mon Jun 02, 2008 12:58 pm

do romanians requires WP to come over? are they part of EU? please provide any latest link

thanx in advance

Wanderer · Post by **Wanderer** » Mon Jun 02, 2008 1:33 pm

smiles345 wrote:do romanians requires WP to come over? are they part of EU? please provide any latest link

thanx in advance

Part of EU but under special rules ISTR. I think they can only be self-employed, or WP/HSMP etc in UK....

Dunno if this restriction has been lifted yet tho...

smiles345 · Post by **smiles345** » Mon Jun 02, 2008 2:36 pm

thanx for the reply. do anyone know that they lifting this special rules? any phone number i can contact and find out please

thanx

Mr Rusty · Post by **Mr Rusty** » Mon Jun 02, 2008 2:57 pm

Google :- UK Border Agency then click on - For European citizens - then -Bulgarian and Romanian nationals

It's all set out there pretty clearly

smiles345 · Post by **smiles345** » Mon Jun 02, 2008 3:19 pm

thanx for all the replies, can they work as self employed as carers as it is requires long shifts? and we have different contract alltogether

Wanderer · Post by **Wanderer** » Mon Jun 02, 2008 3:23 pm

smiles345 wrote:thanx for all the replies, can they work as self employed as carers as it is requires long shifts? and we have different contract alltogether

Wouldn't that be disguised employment?

smiles345 · Post by **smiles345** » Mon Jun 02, 2008 3:27 pm

no, i would like to know that as per our company contract will they be on a self employed or any other catorgory? do the home office will be able to answer?

Wanderer · Post by **Wanderer** » Mon Jun 02, 2008 3:36 pm

smiles345 wrote:no, i would like to know that as per our company contract will they be on a self employed or any other catorgory? do the home office will be able to answer?

If you have a Contract of Employment you will be employed. Self employed is running ur own business, multiple clients, no holiday pay, no sick pay etc.

smiles345 · Post by **smiles345** » Mon Jun 02, 2008 3:53 pm

thank you for yr reply wandrer. infact i'm talking on behalf of employer. we are having couple of romanians. so, you meant to say that they dont need contracts? cant we give them any contracts? how can we devise a contract to them?

smiles345 · Post by **smiles345** » Mon Jun 02, 2008 4:10 pm

reply will be highly appreciated. is there any specific contract we need to device for self employed people?

Wanderer · Post by **Wanderer** » Mon Jun 02, 2008 4:24 pm

In my opinion, having been down the IR35 route as an IT Contractor, they cannot be self-employed since this is plainly disguised employment, ie they are in effect employed, working for a single client, no rights to substitution etc.

Why the urge to employ Romanians?

smiles345 · Post by **smiles345** » Mon Jun 02, 2008 4:28 pm

thanx wanderer . do u think its legitimate to speak to UKBA people and read our contract on phone and ask them whether they will self emplyed as per the contract? ours is care home requires romanian staff

Wanderer · Post by **Wanderer** » Mon Jun 02, 2008 4:34 pm

smiles345 wrote:thanx wanderer . do u think its legitimate to speak to UKBA people and read our contract on phone and ask them whether they will self emplyed as per the contract? ours is care home requires romanian staff

If it's a contract it will be a contract of employment won't it? Genuine self-employed people don't have contracts (well they do - but prolly multiple ones with multiple clients).

I maintain that you cannot be self-employed working for one client/employer.

Why does ur home require Romanian staff? Are all the inmates Romanian? This whole thing smells a bit fishy to me.

smiles345 · Post by **smiles345** » Mon Jun 02, 2008 6:18 pm

many thanx for yr replies wandrer. nothing fishy there. the inmates are not romanians either. the romanian staff are who self employed, if they didnt pay any tax , we dont want to be in trouble with the HMRC. becoz we dont pay any NI fro them

Mr Rusty · Post by **Mr Rusty** » Mon Jun 02, 2008 6:55 pm

Wanderer wrote: Why does ur home require Romanian staff? Are all the inmates Romanian? This whole thing smells a bit fishy to me.

See the lead story in today's Times, which states that an estimated 240,000 foreign-born people were employed in the care-related sector in 2006.

Smiles, if you trouble to read the information on the UKBA website you will find a phone number for Work Permits UK. For self-employed people, the recommendation is that you register as self-employed with HM Revenue and Customs. Then you can apply to UKBA for a residence card. But it is HMRC who decide whether or not you are really self-employed.

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Romanians....

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