Validation v right to work
I think you all have this a bit wrong. A validation is not what you make it appear to be, a work permit. There are validation conditions that are set forth in JAR/EASA FCL and immigration legalities are not one of them.
Amy EU-Citizens still today hold another licence other than JAA ATPL. Reasons are many, but the fact remains that they are eligible for work should they meet the "Validation conditions" of FCL , the company they have applied to are willing to do this and the respective CAA approves.
Issue Paco brings up is an immigration matter not a licencing issue. But since it is difficult to control pilots working illegally, perhaps it is time to amend the validation conditons to require " Right to work"?
A non-EU citizen working for an EU company while EU-Citizens get sent home to unemployment is the issue. Iceland is part of Schengen-agreement though not part of EU. And while Smartlynx is part of the Icelandair group, Icelanders regardless of their contractual agreements with the parent company do NOT take precedence to existing employees or rather contractors other then those that are not from Schengen or EU-countries or have been employed later.
I have no problems for people, pilots or not, working in EU or any other country, but one should have the required permits. One does not go and fly in China without these so why should Europe be any different. I admit that our immigration is overwhelmed with 3rd world immigrants so foreign pilots seem to slip throught the net.
A few years back Latcharter or today Smartlynx decided to contract a large amount of Canadian and American pilots to be based in LGW (Gatwick) on a Virgin Nigeria contract. None had UK work visas or right to abode in Europe. Though flying between UK and Nigeria spending large parts of off time in UK and having been based there while working for a JAROPS 1 operator from another EU country would have certainly required these individuals to be in posession either or both the UK workpermit and or Schengen residence permit.
Hope this clears up the issue a bit.