ILR Spanish au pair

[EdinCR7]

Dear all,

It’s just a quick question. I have a Spanish friend and she was asking me if the au pair job counts for the ILR. Could you please tell me if for a Spanish woman count or not the au pair period in UK?

Thank you for your help

[noajthan]

You are posting for someone else and asking about ILR but posting in EEA forum.

Suggest friend registers and asks her own clearer questions.

[CR001]

You are posting for someone else and asking about ILR but posting in EEA forum.

Suggest friend registers and asks her own clearer questions.

Sorry noajthan, this topic was in ILR sub forum but I moved it to EEA/EU as q is for EU citizen.

[vinny]

An Au pair won't qualify as a worker. So, she may need to be self-sufficient and have CSIC.

[Obie]

An Au pair won't qualify as a worker. So, she may need to be self-sufficient and have CSIC.

Well Vinny that may well be the case in domestic law, but not under EU law.

As you will appreciate a Worker under EU law, is a community law concept which cannot be described by national law.

An Au pair meets the features of EU law. A person works under the supervision of another in return for remuneration.

If what you are saying is the UK government's position, then i respectfully say it is not a position that is consistent with EU law.

[vinny]

Thanks, Obie.

I should have qualified my comment with "According to the UKVI, an Au pair won't qualify as a worker..."

[Obie]

Thanks, Obie.

I should have qualified my comment with "According to the UKVI, an Au pair won't qualify as a worker..."

If that is what UKVI are saying in regards to EU law that may not be correct. In the Turkish case i cited, the High Court Rejected that submission, the Court of Appeal did, and the CJEU did aswell.

But strange things are happening these days, i am seeing unlawful refusal at an unprecedented scale, refusal based on £5 short of the MET test, refusal based on employer's phone line being busy. I will not be surprised if they continue to ignore binding authorities and say an Au Pair is not a worker.

These days nothing from UKVI surprises me. I am even seeing court order in regards to people's EU law rights being ignored these days.