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Documents to confirm employee status

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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Alex11
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Documents to confirm employee status

Post by Alex11 » Sat Jan 13, 2018 8:59 pm

Hello everyone,

I would like to check which documents in which case should be obtained by me (as a director of the business and submitted as an evidence of the employee status in the UK).

The latest guidance says as follows:
  • Documentation to confirm status

    The applicant must provide copies of the following documents which demonstrate their employee has settled status in the UK:

    • • a British passport, which shows the biometric data page containing the photograph and personal details of the employee
    • a birth certificate, which demonstrates the employee was born in the UK and Colonies before 1 January 1983
    • • if the employee was born in the UK on or after 1 January 1983: o a birth certificate
    • o documentation, such as a passport or naturalisation certificate, which confirms one of their parents had settled status in the UK when the employee was born
    • o if the parent is the father of the employee, a marriage certificate to the mother

    • • if the employee is an EEA national, the biometric data page of a passport containing their photograph and personal details, or a UK registration certificate/permanent residence document

    • • if the employee is a spouse of an EEA national, the biometric data page of a passport containing their photograph and personal details, or a residence card, and any of the documents listed above which relate to the EEA national, together with a marriage certificate to the EEA national

    • • if the worker is an overseas national with settled status in the UK both of the following: o the biometric data page of a passport containing their photograph and personal details

    • o the pages where a UK Government stamp or an endorsement appear, or a biometrics residence permit, or official documentation from the Home Office which confirms their settled status in the UK
However there a couple of questions..

So what if my employee is a UK passport holder but was NOT born in the UK at all.

Then conditions like his or his parents birth certificates won't prove anything.

Which documents have to be submitted in this case?

also

just to confirm, if the employee is a European passport holder. Is anything else apart his biometric passport page is needed or not?

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marcnath
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Re: Documents to confirm employee status

Post by marcnath » Sat Jan 13, 2018 10:01 pm

The list is ONE of those, not ALL documents.
Alex11 wrote:
Sat Jan 13, 2018 8:59 pm

So what if my employee is a UK passport holder but was NOT born in the UK at all.
If he is a British passport holder, his birth place does not matter
Alex11 wrote:
Sat Jan 13, 2018 8:59 pm
just to confirm, if the employee is a European passport holder. Is anything else apart his biometric passport page is needed or not?
No
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Alex11
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Re: Documents to confirm employee status

Post by Alex11 » Sun Jan 14, 2018 8:06 am

marcnath wrote:
Sat Jan 13, 2018 10:01 pm
The list is ONE of those, not ALL documents.
Yes definitely not all of the documents, however the guidance doesn't say 'one of the following', it says "The applicant must provide copies of the following documents which demonstrate their employee has settled status in the UK:"

I have also heard from my friend that he had a problem (a decline) from the Home office when we hasn't submitted a birth certificate of his employee who was a British citizen and was born in the UK..

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marcnath
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Re: Documents to confirm employee status

Post by marcnath » Sun Jan 14, 2018 8:22 am

Alex11 wrote:
Sun Jan 14, 2018 8:06 am
marcnath wrote:
Sat Jan 13, 2018 10:01 pm
The list is ONE of those, not ALL documents.
Yes definitely not all of the documents, however the guidance doesn't say 'one of the following', it says "The applicant must provide copies of the following documents which demonstrate their employee has settled status in the UK:"

I have also heard from my friend that he had a problem (a decline) from the Home office when we hasn't submitted a birth certificate of his employee who was a British citizen and was born in the UK..
Agree, the guideline (and immigration rules themselves) should have done a better job of communicating that.
I can't comment on your friend's experience but if that was really true, it was possibly a 100% CW mistake
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Alex11
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Re: Documents to confirm employee status

Post by Alex11 » Sun Jan 14, 2018 10:52 am

marcnath wrote:
Sun Jan 14, 2018 8:22 am
Agree, the guideline (and immigration rules themselves) should have done a better job of communicating that.
I can't comment on your friend's experience but if that was really true, it was possibly a 100% CW mistake
Maybe I got it wrong from my friend. Need to double check. Thanks for your comments.

Could somebody else comment on the initial question as well please?

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marcnath
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Re: Documents to confirm employee status

Post by marcnath » Sun Jan 14, 2018 7:23 pm

Thought I replied.
For a British citizen only passport is needed.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Alex11
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Re: Documents to confirm employee status

Post by Alex11 » Tue Jan 23, 2018 1:12 pm

Yes you did indeed, and thanks a lot.

Please confirm just the last thing

One can hire people with ILR, right? as per last passage

- the pages where a UK Government stamp or an endorsement appear, or a biometrics residence permit, or official documentation from the Home Office which confirms their settled status in the UK

So a copy of the main overseas passport page and a copy of their ILR would be enough evidence?

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marcnath
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Re: Documents to confirm employee status

Post by marcnath » Tue Jan 23, 2018 1:16 pm

Alex11 wrote:
Tue Jan 23, 2018 1:12 pm
Yes you did indeed, and thanks a lot.

Please confirm just the last thing

One can hire people with ILR, right? as per last passage

- the pages where a UK Government stamp or an endorsement appear, or a biometrics residence permit, or official documentation from the Home Office which confirms their settled status in the UK

So a copy of the main overseas passport page and a copy of their ILR would be enough evidence?
Correct
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Alex11
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Re: Documents to confirm employee status

Post by Alex11 » Tue Jan 23, 2018 2:56 pm

marcnath and what about those in the status of EU FAMILY MEMBER, WORK PERMITTED?
I guess it is not an ILR..

Thank you so much for the answers.

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Re: Documents to confirm employee status

Post by CR001 » Tue Jan 23, 2018 2:59 pm

Alex11 wrote:
Tue Jan 23, 2018 2:56 pm
marcnath and what about those in the status of EU FAMILY MEMBER, WORK PERMITTED?
I guess it is not an ILR..

Thank you so much for the answers.
No they are not considered 'settled' workers unless they hold PR.
Char (CR001 not Casa)
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