Mobility of non-EU workers within EU-implementing Van der Elst - Lexis PSL

Eligibility criteria

The employee must:

No specific seniority with the sending company is specified. Depending on the facts of the case, it has been suggested that the 'habitual employment' (as it was originally requested by the European Court of Justice) test could be satisfied in a matter of months. Procedure

The application process involves three principal stages:

Requirements and documents

While there is no mandatory application form or guidance on what documents to provide, it is advisable to submit the following supporting documents with the application:

How long can the posting last?

Entry clearance should be issued for the length of the contract.

What is the position for family members?

Family members are allowed to reside and work in the UK in line with the Van der Elst employee. Prior to relocating to the UK, family members (including non-visa nationals) should apply for entry clearance to join/accompany the employee. Applications from family members should be handled in a similar way to EEA family permit applications.

Remarks and practical problems

There is no application fee. British diplomatic posts do not process a significant number of Van der Elst applications and therefore it is advisable to submit representations as to the legal basis of the applications to avoid delay. Some entry clearance officers may be unwilling to grant more than six months leave to enter. Refusals do not attract a full right of appeal.

Natasha Chell, Partner at Laura Devine Solicitors

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