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Employment law Scotland

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  • Employment law Scotland

    Hello,
    I am not sure if this is the right place to ask these questions, but in case just delete it....
    I have to manage a lot in the upcoming weeks to be in Scotland before Brexit. I do have good chances to land a great job very soon.Is there any form of preliminary contract or anything in a written form I can ask for in case moving is getting in the way of finalizing the contract? I know from a friend who experienced this in another country, he moved with a job promise and then didn't get employed. So maybe someone knows about the employment law in Scotland to give me some advice. Thank you in advance.

  • #2
    Originally posted by Harpermw View Post
    Hello,
    I am not sure if this is the right place to ask these questions, but in case just delete it....
    I have to manage a lot in the upcoming weeks to be in Scotland before Brexit. I do have good chances to land a great job very soon.Is there any form of preliminary contract or anything in a written form I can ask for in case moving is getting in the way of finalizing the contract? I know from a friend who experienced this in another country, he moved with a job promise and then didn't get employed. So maybe someone knows about the employment law in Scotland to give me some advice. Thank you in advance.
    Morning,

    I'm not sure what your situation is, you are referring to moving to Scotland "before Brexit". Brexit was at the end of January, so you are probably referring to the end of the transition period. EEA nationals need to be living in the UK before the end of the year in order to be eligible for pre-settled status, however, there is no requirement to have a job lined up, nor to find a job, etc. it's based purely on residence.

    If you are referring to whether there's a way to make sure you don't move here for nothing, i.e. your employer doesn't offer you a job, I'm afraid there is no way to secure this as such. Most employment contracts have a probation period of 3 to 6 months, during which the employer can just give a weeks' notice to the employee if they decide not to keep them in their employment, and you normally need to have been employed for at least two years in order to have a case for unfair dismissal, so, even after the probation period, there is little in the way of firm guarantees of ongoing employment, even with a proper contract.

    Having said that, given the unique circumstances, whereby you need to be here before the end of the year in order to easily move to the UK (the new points system won't be anywhere as easy nor as generous as the EUSS), then it may be worth establishing your residence here before the end of the year in any case.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      Good evening,

      thank you for the quick response. You were right I mixed up Brexit and the transition period. I wasn't quite sure how to write/ask that question, but it is obviously quite like Germany.
      I was also aware of the residency as the important requirement for the PSS. I read somewhere that the closer the move to the UK is to the end of the year, the more likely it is that the person is not accepted for PSS.

      Another thing is the form of residency: My case is a bit complicated because of pets that I would like to move here directly with me. But animal logistic companies here in Germany said that at the moment it is unsure up to 4 hours before flight what the competent authority (maybe Immigration and Home Office???) will decide.

      1. Can I move to a for example AirBnB appartment at the beginning and than look for a permanent solution?

      2. When I could get the cats over in a second attemp I would have to fly back to Germany, get the cats and myself on a plane (not more than 5 days apart) and move to the permanent residence. How long do I have to wait until I can fly back to Germany without leaving a suspicious impression and gamble my chance for PSS?

      3. If my landlord is not accommodating I will have to pay at least one or two month rent into the new year. Do I have to be deregistered at the residents' registration office here in Germany before I enter the UK the first time?

      Ok... enough for now... but I guess there might be some more questions, that hopefully not annoy you to much.
      Best regards, Harpermw

      Comment


      • #4
        Originally posted by Harpermw View Post
        Good evening,

        thank you for the quick response. You were right I mixed up Brexit and the transition period. I wasn't quite sure how to write/ask that question, but it is obviously quite like Germany.
        I was also aware of the residency as the important requirement for the PSS. I read somewhere that the closer the move to the UK is to the end of the year, the more likely it is that the person is not accepted for PSS.
        Evening,

        This isn't true, the actual deadline to arrive is 11pm on New Year's Eve, obviously I wouldn't want to cut it too close due to potential issues with flights, etc.

        The issue may be more to do with people who came here for a short visit just to apply for pre-settled and then left the country. But anyone who can show they came here before the above deadline should be eligible.

        Originally posted by Harpermw View Post
        Another thing is the form of residency: My case is a bit complicated because of pets that I would like to move here directly with me. But animal logistic companies here in Germany said that at the moment it is unsure up to 4 hours before flight what the competent authority (maybe Immigration and Home Office???) will decide.

        1. Can I move to a for example AirBnB appartment at the beginning and than look for a permanent solution?
        There is no requirement to have permanent accommodation and you can even use your boarding pass as evidence of residence, as long as it has a full date, including the year, some do not have the year and are not accepted.

        Otherwise, bank or credit card statements showing spending in UK shops, restaurants, bars, etc.

        Originally posted by Harpermw View Post
        2. When I could get the cats over in a second attemp I would have to fly back to Germany, get the cats and myself on a plane (not more than 5 days apart) and move to the permanent residence. How long do I have to wait until I can fly back to Germany without leaving a suspicious impression and gamble my chance for PSS?
        There are no travel restrictions while the application is in progress, the main point is to make sure you do establish residence here, leaving for a short time to sort things out is fine.

        Originally posted by Harpermw View Post
        3. If my landlord is not accommodating I will have to pay at least one or two month rent into the new year. Do I have to be deregistered at the residents' registration office here in Germany before I enter the UK the first time?
        That doesn't come into it at all. They won't be checking whether you are registered anywhere abroad, the only thing they may check for in another country is criminal records.

        Originally posted by Harpermw View Post
        Ok... enough for now... but I guess there might be some more questions, that hopefully not annoy you to much.
        Best regards, Harpermw
        No worries, time is rather limited so you want to get this right.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          Hello ...and back again

          things are comming together slowly but steady...

          - thanks for the straight and clear definition of "establishing residence"... help a lot. The fact that as far as my information is right now, I will have to go back to Germany to get everything cleared; pets travel, cancelling my old apartment, etc..

          Any advice how long I should stay the first time to make some spendings, coffee runs, etc.? So far there is still the 14-days quaratine for people entering the UK, but there were unconfirmed hints in the news that this might be shortened or lifted; hope Germany might get back on the exemption list. Long story short, could I for example leave in mid/end January for hopefully not to long to sort things out in Germany? Or should I stay longer in the UK? First version would be more convenient for everybody involved.

          - Another thing is that someone proposed me a service called Britbound. They offer relocation services and they have a so called pre-settled package. Could maybe someone have a look and say if it's legal? I'm not quite sure.
          Here the direct link: Link click on relocation services and under UK address you will find the pre-settled package.

          Thanks again... hope you'r are still responding ... harpermw

          Comment


          • #6
            Originally posted by Harpermw View Post
            Hello ...and back again

            things are comming together slowly but steady...

            - thanks for the straight and clear definition of "establishing residence"... help a lot. The fact that as far as my information is right now, I will have to go back to Germany to get everything cleared; pets travel, cancelling my old apartment, etc..

            Any advice how long I should stay the first time to make some spendings, coffee runs, etc.? So far there is still the 14-days quaratine for people entering the UK, but there were unconfirmed hints in the news that this might be shortened or lifted; hope Germany might get back on the exemption list. Long story short, could I for example leave in mid/end January for hopefully not to long to sort things out in Germany? Or should I stay longer in the UK? First version would be more convenient for everybody involved.
            Morning,

            The pre-settled status application only requires evidence of one day in the last six months before the end of the year, and this can even be your boarding pass, provided it does have a full date on it, some don't have the year and are not acceptable.

            When the time comes to apply for settled status in 5 years' time, you will be asked to provide evidence of having spent at least 6 months out of every 12, here in the UK, this is why you will need to make sure you have suitable evidence, you may want to look here for the kind of documents required and the periods they will cover: Documents

            I also hope they do come up with a system to shorten the quarantine periods. Going back to Germany for a month or so next year shouldn't impact your status here.

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment


            • #7
              Originally posted by Harpermw View Post
              - Another thing is that someone proposed me a service called Britbound. They offer relocation services and they have a so called pre-settled package. Could maybe someone have a look and say if it's legal? I'm not quite sure.
              Here the direct link: Link click on relocation services and under UK address you will find the pre-settled package.

              Thanks again... hope you'r are still responding ... harpermw
              I'm not able to comment on this since I've never heard of them, however, I've seen those so-called relocation services since the '80s, and they only charge for things that are normally free and people can sort out by themselves, for example, they used to offer help with NINs, etc. There's no need to use the services of any third party to apply for pre-settled status, which is free and easy and can be done on your phone in a few minutes. They may be offering other services that you may or may not require, but you need to be very careful there, some relocation services can help with specific things like company formation for those who wish to establish themselves in the UK, but otherwise, a lot of them are just ripping people off. Please note I'm not saying this is the case with this particular one, just that you shouldn't really need any third party services to get your status here.

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment

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