Settled status employee

[amirakbar]

I have a question about employing a settled status employee. One of my employee is EU dependant and have full time right to work. Can i claim him as one of my employee for job creation requirement.

[marcnath]

I have a question about employing a settled status employee. One of my employee is EU dependant and have full time right to work. Can i claim him as one of my employee for job creation requirement.

No, you can't. Assuming the dependant is non-EU

[amirakbar]

I checked the policy Guideline which states in point (v)

Job creation: specified documents
If you are required to score points for job creation you must provide all the following specified documents:
(a) Printouts of Real Time-Full Payment Submissions showing you are complying with Pay As You Earn (PAYE) reporting requirements to HM Revenue & Customs, in respect of each relevant settled worker as legally required, and have done so for the full period of employment used to claim points. These must show every payment made to each settled worker as well as any deductions.
(b) Duplicate payslips or wage slips for each settled worker used to claim points, covering the full period or periods of the employment for which points are being claimed.
(c) Confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.
(d) Copies of any of the following documents which demonstrate that each employee has settled status in the UK:
(i) the biometric data page of a British or EEA passport showing the photograph and personal details of the employee;
(ii) a birth certificate, showing the employee was born in the UK and Colonies before 1 January 1983;
(iii) if the employee was born in the UK on or after 1 January 1983, a birth certificate, together with 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, and additionally, if the parent is the employee’s father, a marriage certificate to the mother;
(iv) if the employee is an EEA national, a UK registration certificate/permanent residence document;

(v) if the employee is the spouse of an EEA national, the biometric data page of their passport, showing their photograph and personal details, or a residence card, and any of the documents in (i) or (iv) above which relate to the EEA national, together with their marriage certificate to the EEA national; or


(vi) If the worker is an overseas national with settled status in the UK, the biometric data page of their passport containing their photograph and personal details, and 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.

[marcnath]

True, but the guidance also says:
A31. Only jobs that are given to people with settled status in the UK will qualify for the award
of points. Paragraph 6 of the Immigration Rules defines what we mean by “settled in the United
Kingdom”
For the purposes of these guidance notes a ‘settled worker’ is a person who is:
• A national of the UK;
• A national of Austria, Belgium, Bulgaria, Croatia*, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland who is exercising an EC Treaty Right in the UK;
*other than a Croatian national subject to worker authorisation under the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013
• British overseas territories citizens except those from Sovereign Base Areas in Cyprus.Those included are Anguilla, Bermuda, British Antarctic Territory, British Virgin Islands, British Indian Ocean Islands, Cayman Islands, Falkland Islands and dependencies, Gibraltar, Montserrat, Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha and Turks and Caicos Islands;
• Commonwealth citizens who were allowed to enter or to remain in the UK on the basis that a grandparent was born here;
• Settled 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.

This excludes the spouse of an EEA resident.

But this seems to contradict the immigration rules, according to which the spouse would be a settled worker.

Conclusion - I believe my earlier answer was wrong and the spouse of a EU resident is settled. However, there may be some confusion because of the guidance (which I now think is wrong)

[zimba]

Under the immigration rules non-EU spouse of an EEA citizens (UNLIKE the EEA citizens themselves) are NOT considered 'settled' unless the have settled status or PR. The guide clearly says that:

Note that workers requiring approval to work in the UK, such as holders of an immigration employment document under the work permit arrangements, will not count towards the award of points even if they have permission to work for your business.

So it is safe to say that you cannot claim points for non-EU spouse of an EEA citizens as they need approval to work in the UK. You can hire them but they will not be settled workers

See: https://www.gov.uk/guidance/status-of-e ... r-families

[marcnath]

Under the immigration rules non-EU spouse of an EEA citizens (UNLIKE the EEA citizens themselves) are NOT considered 'settled' unless the have settled status or PR. The guide clearly says that:

Note that workers requiring approval to work in the UK, such as holders of an immigration employment document under the work permit arrangements, will not count towards the award of points even if they have permission to work for your business.

So it is safe to say that you cannot claim points for non-EU spouse of an EEA citizens as they need approval to work in the UK. You can hire them but they will not be settled workers

See: https://www.gov.uk/guidance/status-of-e ... r-families

That was my initial impression too.
However, the guidance says:
What is a settled worker?
A31. Only jobs that are given to people with settled status in the UK will qualify for the award
of points. Paragraph 6 of the Immigration Rules defines what we mean by “settled in the United
Kingdom”

Paragraph 6 of the Immigration Rule then states that:

“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,

And the Immigration (European Economic Area) Regulations 2006 states that:
13 (2) A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.


Based on the above, I would say that the family of an EEA national has the right to reside under the Immigration (European Economic Area) Regulations 2006, which in turn qualifies the person as a settled worker under Appendix A of the immigration rules.

Is there an error in that conclusion ?

[zimba]

That is quite a fine print but interesting. It seems that such person might be assumed 'settled'. The only bit that needs a little bit more attention might be 'except where that person is subject to worker authorisation'. As the UK immigration should authorise such workers, then this might pose a problem but it may not

[CR001]

Non EU spouse of EU citizens do not require 'permission' to work. Their rights are automatic if married to an EU citizens and the residence card is 'optional' and not mandatory (makes it easier though to prove right to work). Different if the non EU and EU cit are unmarried partners.

[zimba]

So this will settle the issue in my opinion. Spouse of an EEA citizen is then indeed 'settled worker' under immigration rules

[CR001]

To rephrase, the non EU spouse's rights are only automatic IF the EU spouse is a qualified person exercising treaty rights.

[amirakbar]

Thank you very much all of you. Hence the finding is that EU dependant is considered as a settled person.

[amirakbar]

I have another question. I am waiting the decision of my extension applied on 3rd March 2017. I am hoping will hear back from Home Office soon. Getting my self prepare for ILR in march 2019. I was granted the intial application on 4 March 2014 so i got it before 6 April 2014 About the job creation the guideline says

Pre 6th April 2014 transitional arrangement- job creation
If you successfully applied to enter and have continually remained in the route since before the 6th of
April 2014, and you are making an extension application or a settlement application, you may
continue to employ (and score points for job creation):
• 1 worker for 24 months
• 1 worker for 6 months and one for 18 months
• 4 workers for 6 months each

In this ongoing extension i claimed my one of the employee for consecutive 24 months as he joined my company in Feb 2015. Then i showed another part time employee for more or less 2 years. but my first employee is meeting the requirement.

The question is for ILR my employee will be 4 year old working in my company. Will it be fulfilling the requirement or i have to show one more for a year ?

[marcnath]

Thank you very much all of you. Hence the finding is that EU dependant is considered as a settled person.

Just to be very clear - this assumes that the EU spouse is also resident in the UK. For example, the non EEA spouse of a French national who is still in France will not be a settled worker.

[marcnath]

I have another question. I am waiting the decision of my extension applied on 3rd March 2017. I am hoping will hear back from Home Office soon. Getting my self prepare for ILR in march 2019. I was granted the intial application on 4 March 2014 so i got it before 6 April 2014 About the job creation the guideline says

Pre 6th April 2014 transitional arrangement- job creation
If you successfully applied to enter and have continually remained in the route since before the 6th of
April 2014, and you are making an extension application or a settlement application, you may
continue to employ (and score points for job creation):
• 1 worker for 24 months
• 1 worker for 6 months and one for 18 months
• 4 workers for 6 months each

In this ongoing extension i claimed my one of the employee for consecutive 24 months as he joined my company in Feb 2015. Then i showed another part time employee for more or less 2 years. but my first employee is meeting the requirement.

The question is for ILR my employee will be 4 year old working in my company. Will it be fulfilling the requirement or i have to show one more for a year ?

Only employment after your extension is granted (or 12 months before your ILR application) can be counted towards the job creation. If you plan to apply in March 2019, you will have have only 12 months of the FT employee. So you need 1 more FT equivalent job.

[ThomasNa]

So this will settle the issue in my opinion. Spouse of an EEA citizen is then indeed 'settled worker' under immigration rules

Hi Zimba, how about spouse of a British Citizen, is he considered as "settled worker"?

[zimba]

Please do NOT tag your questions on other topics. Start your own