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'Worker' status - A2 national

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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astra_zeneca888
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Posts: 36
Joined: Wed May 16, 2012 2:09 am

'Worker' status - A2 national

Post by astra_zeneca888 » Tue Oct 16, 2012 12:18 am

Dear All,

I would appreciate your thoughts/comments on the following topic/question(s):

1. Does an A2 National who has been employed in the UK for at least 12 months ending on or after 1st January 2007, even if this employment was "illegal" by the previously applied UK rules, still qualifies as a 'worker' and should be entitled to a 'blue card' and therefore exempt from the requirements of the worker authorization scheme currently in place?

and also

2. Can this person, in circumstances described above, rely on this period of time (time spent in the UK prior to the accession date of 1st Jan 2007) when applying for a confirmation of his right to Permanent Residence?

Are you aware of any legal precedent with similar circumstances? I would be very interested to find out about the outcome.

Thank you.

I am sure there will be others benefiting from this thread.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Tue Oct 16, 2012 8:25 am

Illegal work is not considered. A2 National who resided in UK on the basis of illegal work, cannot accrue this towards PR or be entitled to blue card.

It will not make sense as people will be able to circumvent the transitional restriction.

Had the employment been legal, then they will be covered.
Smooth seas do not make skilful sailors

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