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UK-Justice, Barrister
Category: UK Immigration Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Dear Sir, I own an Italian rest. and I have been searching

Customer Question

Dear Sir, I own an Italian rest. and I have been searching for a suitable kitchen Asssitant for months. I have taken on apprentices, workers from jub cntr etc but nobody has proved to have to skills nor correct attitude. I have now found the perfect candidate by chance, she has agreed to do a weeks trial and has proved to be perfect. The is from Romania and has been told that she can only get a N.I. number if she is works as self employed, to show the Job Cntr several invoices from various employers that she has worked for herself as a kitchen worker. This will be difficult to do. I have want to know how I am able to get this lady to work for me in a legal way?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UK-Justice replied 5 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

Does the Romanian hold a worker card? If so, what colour?
Customer: replied 5 years ago.
I am waiting for her reply but I do not think so.
Expert:  UK-Justice replied 5 years ago.

If she has no card - she can NOT legally work in the UK.

Please also let me know if she does have a card, what colour it is.

Please do not forget to click accept, thank you.
Customer: replied 5 years ago.
She has just confirmed NO. Although why would the job centre inform her that if she could work freelance for a few different companies working for herself, then she could upon submitting the evidence of having worked, by showing various invoices, then she would be able to get a national insurance number. She was also told that I as an employer could make an application, as long she complies within the Point A system - but I don't know anything about this? So, there are other possibilities?
Expert:  UK-Justice replied 5 years ago.
I am sorry to say no.

Without a working permit she can not work for you.

The point system has to show a high degree of skill and need for a particular Job, such as lawyer, doctor etc.

A kitchen assistant is not skilled and therefore very unlikely to succeed.

The bottom line is you can not employ this person.

I am sorry if this is not the answer you are looking for but based on what you have said and the lack of work permit, this is the legal position.

Please do not forget to click accept, thanks.

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