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ILR Spanish au pair
Posted: Wed Jan 18, 2017 10:01 am
by 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
Re: ILR Spanish au pair
Posted: Wed Jan 18, 2017 10:40 am
by 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.
Re: ILR Spanish au pair
Posted: Wed Jan 18, 2017 9:21 pm
by CR001
noajthan wrote: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.
Re: ILR Spanish au pair
Posted: Wed Jan 18, 2017 11:39 pm
by vinny
An Au pair
won't qualify as a worker. So, she may need to be
self-sufficient and have
CSIC.
Re: ILR Spanish au pair
Posted: Wed Jan 18, 2017 11:54 pm
by Obie
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.
Re: ILR Spanish au pair
Posted: Thu Jan 19, 2017 12:06 am
by vinny
Thanks, Obie.
I should have qualified my comment with "According to the UKVI, an Au pair
won't qualify as a worker..."
Re: ILR Spanish au pair
Posted: Thu Jan 19, 2017 12:21 am
by Obie
vinny wrote: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.