tier1 ENT ILR Employee permanent resident and not ILR

[SonSt]

Hi, i will be applying for ilr next month, i am on tier 1 ent visa.one of my employee is a permanent resident and not ILR, Is that ok? His ex wife was a Eu citizen, My solicitor is asking me to provide their marriage cert and also her PP copy. its difficult to get as they are seperate now. have i made a big mistake hiring him or i am ok? can i count him as an employee for my ilr .

2nd question regarding hours, some months both my employess did 120 hours and some months 150 hours, in total for 1 year they have done atleast 1560 hours. is that ok? bcz solicitor is saying its HO discretion, if they will accept 120 hours per month as full time job? but my accountant is saying i am ok.

Thanks Alot

[Zerubbabel]

As a permanent resident holder, he is a settled employee. The PR is equivalent to the ILR. The only difference, it's under EEA routes. But the person is a settled employee.

If my employer asks me to provide my passport wife and my marriage certificate, I would flatly refuse this intrusion. Why don't get the copy of the PR of your employee and his passport? That's enough to prove he is settled.

[SonSt]

any reply @zimba or @CR001

[zimba]

Hi, i will be applying for ilr next month, i am on tier 1 ent visa.one of my employee is a permanent resident and not ILR, Is that ok? His ex wife was a Eu citizen, My solicitor is asking me to provide their marriage cert and also her PP copy. its difficult to get as they are seperate now. have i made a big mistake hiring him or i am ok? can i count him as an employee for my ilr .

2nd question regarding hours, some months both my employess did 120 hours and some months 150 hours, in total for 1 year they have done atleast 1560 hours. is that ok? bcz solicitor is saying its HO discretion, if they will accept 120 hours per month as full time job? but my accountant is saying i am ok.

Thanks Alot

1 ) PR is enough to prove he is settled in the UK.
2 ) UKVI only cares about hours worked per week. Full time job is a job that you work min 30 hours per week. Hours worked more than that are ignored. A full time employee is expected to work min 30 hours per week or more.
If they do not have variable monthly pay: Get the total annual pay, divide by 52 and then divide by hourly rate. You should get at least 30

[SonSt]

hi Zimba,
Thanks for your reply, thats what i thought as well, but just now my solicitor sent me another email and i quote , Mr ## holds a residence card as the family member of an EEA national, whislt he holds permanent residence,this is not the same as indefinite leave to remain,
he was not the spouse of an EEa national during his appointment, whlist he held a valid right to work, he is not considered a settled worker for the purpose of job creation requirements in tier1 ent category.

i don't know y she is insisting on this? also she made the employee timetable chart, in that she is writing his status as EEA family, and not permanent resident.

[zimba]

I assume the worker was in the UK under EEA regulations when he worked for you.

The rules describe 'settled' under Part 6A and Appendix A of the rules (which covers Tier 1E) slightly differently. This allows EEA citizens and their family members to be viewed as 'settled workers' even if they do not technically hold a settled status (PR) in the UK. This is why it is possible to hire EEA citizens and their family members (holding EEA residence card) even when they do not have PR.

The rules clearly mention people with 'right of residence' under EEA regulations and not permanent residence. Below you can see the provisions (ii) covers EEA citizens and their family members and (v) covers ILR holders and this is clearly separated and both groups are viewed as settled workers.

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.

https://www.gov.uk/guidance/immigration ... troduction

[SonSt]

when i hired him he had permanent status, he got bcz of his ex wife, who was EU citizen, they r divorced for about 4 years now, and i hired him about 18 months ago,

[SonSt]

hi,
was i ok to hire him? solicitor is asking for his ex wife pp and marriage certificate, but hey r divorced now? i only had 2 employees, applying for ilr next month

[zimba]

hi,
was i ok to hire him? solicitor is asking for his ex wife pp and marriage certificate, but hey r divorced now? i only had 2 employees, applying for ilr next month

Your solicitor is giving you incorrect advice. I quoted immigration rules that shows what 'settled worker' means. Even a person who does not have PR is still considered a settled worker. Submitting marriage certificate and documents from ex is nonsensical (his relationship with his ex is irrelevant). You hired a settled worker as per rules so worry not

[SonSt]

hi,
i told my solicitor about this, she is till saying that you can employ him but he doesn't count towards job creation for tier1 ent visa. she is saying it will be home office discretion if they will accept it or not. i am really confused, i have paid her already as well.

please senior memebers your feed back will be highly appreciaed.

[zimba]

hi,
i told my solicitor about this, she is till saying that you can employ him but he doesn't count towards job creation for tier1 ent visa. she is saying it will be home office discretion if they will accept it or not. i am really confused, i have paid her already as well.

please senior memebers your feed back will be highly appreciaed.

You can hire anyone with the right to work and that is not my argument at all. It is about the definition of the term 'settled' under Tier 1E rules which is NOT the same as defined in immigration act 1971 or nationality law.

I am not sure what you are really trying to get here. You have been specifically advised with clear explanation as per rules. Your solicitor saying this is not possible even the rules make it crystal clear. Your problem is that you hired someone you cannot trust which is ridiculous. If you cannot trust someone, then why hire them to begin with and come here for advice. There is no confusion, the problem is you I'm afraid.

[SonSt]

HI,

i registered with OVRO when i came in march 2015 on tier 1 ent visa, and again in 2018 when i got my extension,Got new pp on 9th nov 2019, forgot that i need to tell them and update my new pp with them, i am applying for my ilr next week, now they are closed bcz of covid 19, what can i do now?can i do it at my local police station or paddington green station? also can't find my previous certificate, but i have 2 chops from them in my previous pp, (one in 2015, than again in 2018, after my extension) thanks, is police registration certificate mandatory?

[zimba]

HI,

i registered with OVRO when i came in march 2015 on tier 1 ent visa, and again in 2018 when i got my extension,Got new pp on 9th nov 2019, forgot that i need to tell them and update my new pp with them, i am applying for my ilr next week, now they are closed bcz of covid 19, what can i do now?can i do it at my local police station or paddington green station? also can't find my previous certificate, but i have 2 chops from them in my previous pp, (one in 2015, than again in 2018, after my extension) thanks, is police registration certificate mandatory?

UKVCAS centers are all now closed so no appointments in near future. Apply online for now and you have to book an appointment when the centers are open again. Try to go to OVRO before your appointment day when centers opened up again and get your PRC updated. You can upload scans of the PRC anytime before your appointment day

[SonSt]

Thanks for the advice, now a days u need to make an appt at ovro as well, i was reading at this forum that before shut down, appts were taking 5 to 6 weeks, so after lock down it might take 8 to 10 weeks, i know ukvcas appt might take 6 weeks as well, but they have different centers/premium facility/in different cities, so there is chance once they open i can get appt in 2 to 3 weeks,

question is can i get PRC from anywhere else quicker, like local police station or paddington green station?

[zimba]

Thanks for the advice, now a days u need to make an appt at ovro as well, i was reading at this forum that before shut down, appts were taking 5 to 6 weeks, so after lock down it might take 8 to 10 weeks, i know ukvcas appt might take 6 weeks as well, but they have different centers/premium facility/in different cities, so there is chance once they open i can get appt in 2 to 3 weeks,

question is can i get PRC from anywhere else quicker, like local police station or paddington green station?

No you cannot in London. Wait to see what happens in the upcoming weeks

[SonSt]

Solicitor is saying to get a lost police report and attach it with application, because i will need a police report anyway later, even to get a new certificate from ovro ?
will i need a lost police certificate to get a new one?
secondly if solicitor mentions it in cover letter that's it lost and provide police report, and we can show the 2 stamps by ovro, will it be ok?

[zimba]

Solicitor is saying to get a lost police report and attach it with application, because i will need a police report anyway later, even to get a new certificate from ovro ?
will i need a lost police certificate to get a new one?
secondly if solicitor mentions it in cover letter that's it lost and provide police report, and we can show the 2 stamps by ovro, will it be ok?

That is a dumb idea and also a form of deception. Either try to update it before your appointment or explain in a cover letter that you forgot to update it. It is a minor issue and will be overlooked

[SonSt]

but i really can't find the PRC, its not that i didnt register, i registered in 2015 and again after my extension, the 2 stamps at my pp can prove that. I genuinely can't find PRC, what can i do?

[zimba]

but i really can't find the PRC, its not that i didnt register, i registered in 2015 and again after my extension, the 2 stamps at my pp can prove that. I genuinely can't find PRC, what can i do?

Then you need to go to OVRO before your appointment as I explained.