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No He doesnt have PR just confirmed with him.Casa wrote:The first with ILR is considered to be settled.
The Lithuanian national? Have they been 'exercising their Treaty rights' in the UK for at least 5 years? Do they have formal confirmation of PR? i.e A certificate of Permanent Residence?
You mean to say by employing a person on ILR and an Lithuanian Citizen continuously for 12 months I have already met the employment requirement.zimba88 wrote:As I quoted the immigration rules, there is no requirement for your EEA employee to have permanent right but only a right to work here. EEA rules from 2006 gives them extended right to be here as qualified individuals.
Moreover,What is a settled worker? A29 wrote: ...
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;
*other than a Croatian national subject to worker authorisation under the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013
...
Interpretation wrote:“In Part 6A and Appendices A and J of these Rules, “settled worker” means a person who:
(i) is a national of the UK,
(ii) is a person with a right of residence in accordance with the Immigration (European Economic Area) Regulations 2006 or, except where that person is subject to worker authorisation, the regulations made under section 2 of the European Union (Accessions) Act 2006 in combination with section 2(2) of the European Communities Act 1972 or the regulations made under section 4 of the European Union (Croatian Accession and Irish Protocol) Act 2013,
(iii) is a British overseas territories citizen, except those from Sovereign Base Areas in Cyprus,
(iv) is a Commonwealth citizen with leave to enter or remain granted on the basis of UK Ancestry (paragraphs 186 to 193 of these Rules), or
(v) has settled status 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.”
By reading this and the guidance A.29. I think you should be fine If you employed EEA national.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
Those in study and the economically self-sufficient have to have comprehensive sickness insurance in place (in order not to become a financial burden on the host state) before their Treaty rights are effective.
Hello Zimba, Cass and everyone.zimba88 wrote:Settled as a Legal status seems to be different than the definition used & applied with respect to Immigration Rules 6A which covers Tier 1. This is what the immigration rule says:
“In Part 6A and Appendices A and J of these Rules, “settled worker” means a person who:
(i) is a national of the UK,
(ii) is a person with a right of residence in accordance with the Immigration (European Economic Area) Regulations 2006 or, except where that person is subject to worker authorisation, the regulations made under section 2 of the European Union (Accessions) Act 2006 in combination with section 2(2) of the European Communities Act 1972 or the regulations made under section 4 of the European Union (Croatian Accession and Irish Protocol) Act 2013,
(iii) is a British overseas territories citizen, except those from Sovereign Base Areas in Cyprus,
(iv) is a Commonwealth citizen with leave to enter or remain granted on the basis of UK Ancestry (paragraphs 186 to 193 of these Rules), or
(v) has settled status 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.”
zimba88 wrote:Yes it is fine
Hi Zimba, thank you for your quick response.zimba88 wrote:Yes it is fine
Zimba, you are amazing! I am glad to say that you and others like you, are making positive impacts in people's lives on this platform.zimba88 wrote:As I answered above there is NO NEED.
You can send any of the below:
A BRP copy of an employee who has an ILR
A copy of a EEA citizen passport first page copy
A copy of a EU citizen national ID card
A copy of British citizen passport first page copy or a birth certificate showing the name of at least one parent
zimba88 wrote: As I quoted the immigration rules, there is no requirement for your EEA employee to have permanent right but only a right to work here. EEA rules from 2006 gives them extended right to be here as qualified individuals.
Brexit has not happened yet and UK remains a full member of EU
Hi Marcnath,
Yeah I understand what you said Marcnath, perhaps we need to figure out something that can work for every one, If someone employees hired before March 2017 and also left the job before March 2017 then this left no way for employer to recall employee and ask for another form of ID which initially wasn't required. Any form of Cover Letter with the above gov.uk document requirement printout can have positive impact on CW and before declining they will see the options for further followup with that case on these grounds. What you say about this?marcnath wrote: ↑Fri Aug 25, 2017 7:43 amNo dispute on that, yunas.
What you quoted are what is required to check that someone has the right to work and the documents required to use to prove you have done the checks.
Previously, immigration rules just referred to these guidelines in the definition of settled worker.
However, in March 2017, the immigration rules (clause 46-SD(h)(iv)) were specifically changed to define the acceptable documents.
So, while I can't definitely say HO will not accept ID card, the CW has the right to decline points based on clause 46-SD(h)(iv) if only ID card is provided.
Full list of changes:
https://www.gov.uk/government/uploads/s ... hanges.pdf
Of course, that's not strictly true, even ignoring Croatians. The person is entitled to work full time, but not necessarily one afternoon a week!
