Intro:

Employers who wish to employ a worker

from overseas must obtain a Work Permit issued by Work Permits (UK) which is part of the Home Office.  There are a number of categories of people who do not need a Work Permit (see below).

The main aim of the Work Permit Scheme is to protect jobs for resident workers of the UK and European Union and to control the immigration of unskilled workers.  Generally speaking permits are only issued where the job requires a fairly high level of skill and experience for which a residence is unavailable.  There are some exceptions to this.

 

Cartegory of  People who do not need a Work Permit:

a)     European Economic Area citizens.  This includes all countries that are members of the European Union as well as Iceland, Lichtenstein and Norway;

b)     Swiss nationals;

c)     Citizens of the Commonwealth with a British born grandparent (see ‘Ancestral Visa’ section for further information);

d)     Working Holidaymakers;

e)     Gibraltarians;

f)      Individuals with Indefinite Leave to Remain (including recognized refugees), Humanitarian Leave or Discretionary Leave;

g)     Highly Skilled Migrant Programme permit holders;

h)     Those on the Science and Engineering Graduate Scheme;

i)      In certain circumstances spouses, qualified partners and other dependents of those with Entry Clearance/Permission to Remain in the United Kingdom are allowed to work although this will depend upon the circumstances.

 

For all others a Work Permit is required regardless of the duration of the employment.  This means that even people on short term assignments in the UK, for example to cover holiday a temporary vacancy or maternity leave for example, must still first obtain a Work Permit.  Certain individuals who are coming to the UK to conduct business but not to enter into employment may come as a business visitor but the activities that can be carried out as a business visitor are quite restrictive.  See separate section on ‘Business Visitors’ for further information.

 

Applying for a Work Permit?

 

Work Permits are applied for by the employer rather than the employee.  In order for a Work Permit to be granted the following criteria need to be met:

 

a)     The employer must be a UK-based employer with a presence in the United Kingdom and the business must be active and trading;

b)     The individual concerned must be an employee of the UK employer.  Work Permits are not issued for self-employed activities.  This means that somebody with a significant share holding or beneficial interest in a UK company for whom they intend to work will not qualify for a Work Permit;

c)     Pay and conditions of employment must be equal to those normally given to a resident worker doing a similar job;

d)     The employee must fall into one of several categories of skilled or professional worker.

 

Employee must have either:

 

a)     A UK equivalent degree level qualification; or

b)     Higher National Diploma (HND) level qualification which is relevant to the post on offer; and

c)     A HND qualification which is not relevant to the post on offer plus at least one year of relevant work experience; or

d)     3 years experience of using specialist skills acquired through doing the type of job for which the Work Permit is sought.  The experience should be at NVQ Level 3 or above.

e)     The employer must be providing a service rather than just personnel.  This means that Work Permit Holders may provide services to the employer’s clients under a contract however.  However a Work Permit will not be issued pursuant to an agreement with supply staff only.  Work Permits UK look closely at contracts for the provision of services to make sure that the agreement falls within the scope of the scheme.  Work Permits are not issued to recruitment agencies, employment agencies or similar businesses;

f)      The job concerned must require an individual who falls within the skills set mentioned above.  This means that not only must the individual concerned have the specified level of qualification but the job must require somebody of that level of qualification in order to come within the scheme;

g)     There must be a genuine vacancy, not one created specifically for the proposed Work Permit holder.

 

Advertising Requirements

 

In addition to the above requirements there is, for certain types of applications, the requirement that the employer can prove that no suitable employee from either the UK or EEA labour market is available to fill the post.  To satisfy this rule the Home Office requires that employer advertises the job in an appropriate medium for a specified period of time. 

The employer is required to give full details of steps they have taken to advertise these jobs in the Work Permit application.  The employer must allow 4 weeks from the date that the advertisement appears to receive applications and the advertisement must be placed within a 6 month period prior to the Work Permit application. 

There are also other requirements.  If the advertising requirements are not followed properly then Work Permits (UK) may decide that resident workers have not been given a proper opportunity to apply for the vacancy and are likely to refuse the application.

However with certain sorts of applications there is no requirement to advertise.  Advertising is not necessary where the application for a Work Permit is for:

 

a)     a board level post;

b)     an intra-company transfer;

c)     a lateral hire;

d)     where a post will result in an inward investment project bringing jobs and money to the UK.  This investment must be made by overseas companies not individuals.  The minimum investment that would be needed to qualify would be (CLINK-LINK);

e)     shortage occupations.  Some sectors of the UK job market are accepted as being under-resourced.  The Home Office regularly publishes a list of shortage occupations which are mainly in the health, engineering and education sectors.

 

Work Permit issue.

 

Work Permits can be issued for any period up to 60 months.  Where the company is a start-up company they are usually issued for a shorter period in the region of 18 months. 

 

What employee need to do?

 

Once an employer has been granted a Work Permit then the employee is required to apply for Entry Clearance from a British post abroad.  Only in certain circumstances can an individual switch into Work Permit employment from another immigration category and even then they are still required to make an application to extend or vary their Permission to Remain in the UK to that of a Work Permit Holder.  

It is only possible to switch into the Work Permit immigration categories in certain circumstances.  The rules and guidance are complicated and so it is best to get advice before deciding to make an application from within the UK. 

There is provision in the rules for dependent spouses and children to join the Work Permit holder if certain conditions are met.  Once the employee has resided in the United Kingdom for 5 years as a Work Permit Holder then they can apply for Indefinite Leave to Remain (Settlement) providing certain criteria continue to be met including that their employer certifies that they are still required for Work Permit employment.

 

Workers who only want to come to the UK for short periods?

 

In certain circumstances multiple entry Work Permits are granted to allow workers based overseas to enter the UK for short periods on a regular basis to work saving their employers the need to reapply each time they need to enter the UK.  The same rules apply as in relation to other Work Permits.  Multiple entry Work Permits may be issued for between 6 months and 2 years.  It is not possible to accrue time spent in the UK on a multiple entry Work Permit in order to qualify for Settlement and dependents cannot automatically accompany the Work Permit holder.

 

Cost?

 

There is a fee for the Work Permit application, link (CURRENTLY) and a separate fee for the Entry Clearance or Further Leave to Remain application for the employee