T1 Ent Job Creation non EU national living in UK

[rayuk]

I need an urgent clarification. We are hiring a new person in FT position, after interview of close to 30 candidates, we are settled on hiring an NZ national who is living in the UK and has valid work rights in the UK. The job creation requirement requires employing someone settled in UK, correct? Could I claim points for this individual... can someone comment?

[CR001]

Depends what "right to work" in the UK they hold, which you haven't stated.

[rayuk]

Thank you for the response. I reviewed the documents provided and the visa says T-5 Youth Mobility visa https://www.gov.uk/tier-5-youth-mobility
As per the link, the holder can work in any job in the UK in the validity period. Does this help explain the Right To Work situation? Thanks!

[CR001]

They can work in any job, but as they are not 'settled', you cannot use them to claim points.

[rayuk]

Thank you for responding. We will likely need to hire this candidate in addition to another settled in UK person then. Not ideal but I understand Rules are Her rules. Clarification appreciated.

[CR001]

Note also, for info, that the Tier 5 YMS visa does NOT lead to settlement/ILR either.

[rayuk]

I discussed now and he is living with his GF, a UK national for a year and they plan to get married soon. I believe this will give him 'settled status'.
We can possibly try to wait it out till that happens (no clue how long it could be)... and if we offer him even a contract/ temp position now, I cannot hire him as FullTime later and still claim points?

Thanks again!

[zimba]

I discussed now and he is living with his GF, a UK national for a year and they plan to get married soon. I believe this will give him 'settled status'.
We can possibly try to wait it out till that happens (no clue how long it could be)... and if we offer him even a contract/ temp position now, I cannot hire him as FullTime later and still claim points?

Thanks again!

NO it does NOT make him a settled person. People under spouse visa are NOT settled as per rules as they need approval to work in the UK.

What is a settled worker?
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;

• British overseas territories citizens except those from Sovereign Base Areas in Cyprus.Those included are Anguilla, Bermuda, British Antarctic Territory, British Virgin Islands, British Indian Ocean Islands, Cayman Islands, Falkland Islands and dependencies, Gibraltar, Montserrat, Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha and Turks and Caicos Islands;

• Commonwealth citizens who were allowed to enter or to remain in the UK on the basis that a grandparent was born here;

• 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.

Note that workers requiring approval to work in the UK, such as holders of an immigration employment document under the work permit arrangements, will not count towards the award of points even if they have permission to work for your business. Any holder of a letter of permission to work under Tier 1 of the Points Based System will not count for the award of points.

https://assets.publishing.service.gov.u ... V_1019.pdf

[rayuk]

I have a limited company as well still operating, though the latest job creation in recent period I am showing via my self employed account. I would like to hear how your application goes, as long you meet needed points, the tax aspect seems immaterial.

For experienced members, a quick query... can T1 E to ILR application be made from outside the UK? Earlier my T-1 decision took 18 months! For personal reasons, when I apply this time I wish to not apply from within UK (to not be caught in unfortunate limbo again) and my job being software I can run from outside UK. After these years, I do want to try get the ILR. Anyone knows if possible to apply from outside and if it affects success rates? Thanks.

[zimba]

I have a limited company as well still operating, though the latest job creation in recent period I am showing via my self employed account. I would like to hear how your application goes, as long you meet needed points, the tax aspect seems immaterial.

For experienced members, a quick query... can T1 E to ILR application be made from outside the UK? Earlier my T-1 decision took 18 months! For personal reasons, when I apply this time I wish to not apply from within UK (to not be caught in unfortunate limbo again) and my job being software I can run from outside UK. After these years, I do want to try get the ILR. Anyone knows if possible to apply from outside and if it affects success rates? Thanks.

You cannot apply for ILR from outside the UK