Sponsored Work Permits Explained
Work Permits Introduction
The Work Permits Scheme is managed by Work Permits (UK), a part of the Home Office.
Application Criteria
UK employer
The employer must be established and trading, or about to become operational in the UK, whether as a partnership, a company or as a registered branch of an overseas company.
A specific individual for a specific job
Work permit applications are made in respect of a specific individual and a specific post. It is not possible to obtain a permit for a particular job before someone has been found to fill it, or to get a work permit for an individual and then find them a job when they get to the UK.
Criteria used to assess whether individual qualifies for a work permit
Work permits will normally only be issued for people who have either a degree level qualification or high level or specialist skills acquired through doing the type of job for which the permit is sought for at least three years. This type of job should be at NVQ Level 3 or above.
No suitable UK or EEA resident for post
In general, Work Permits (UK) must be satisfied that there is no suitable and available person settled in the UK or European Economic Area (EEA) who could otherwise fill the post. It may be necessary for the position to be advertised within the UK and EEA to be able to prove this.
Categories of permit
Work Permits (UK) operates a system whereby four categories of application, known as 'Tier 1' cases, can be processed more rapidly and require less supporting documentary evidence. These are:
intra-company transfers – a common type of application used by multi-national organisations which need to transfer employees from an overseas office, subsidiary or sister company to fill a skilled post in the UK which cannot be filled by a locally recruited employee;
board level posts for very senior individuals who are not employed by the same company or group overseas but who have high level relevant skills or knowledge which are not easily obtainable in the UK and who will have daily input into the management of the organisation at a strategic level;
posts for key staff connected with inward investment ventures creating significant investment (minimum £250,000) and new employment in the UK; and
occupations on the official list published by Work Permits (UK) where labour is in acute short supply, ie specified positions within, amongst others, the health care and engineering sectors.
All other applications are regarded as 'Tier 2' for which Work Permits (UK) will usually expect the UK employer to advertise the position throughout the EEA as evidence that there has been a fair test of the resident labour force. In some limited circumstances it is possible to request that the advertising restrictions be waived.
Multiple Entry Work Permit
This type of work permit, issued from 6 months to 2 years allows a worker to re-enter the UK to undertake the same role for the duration of the permit, regardless of large periods of time spent outside the UK. The multiple entry permit is designed to assist employers who require overseas workers to enter the UK to undertake employment for temporary periods, whilst remaining based overseas, for example IT Consultants who need to work in the UK on specific projects for 1 to 2 months, once or twice a year.
It is important to be aware that time spent in the UK under a multiple entry work permit will not count towards the qualifying period in terms of a potential application for indefinite leave to remain. In addition, family members who wish to accompany the work permit holder to the UK will only be able to do so as visitors for a maximum six month period in any one year.
Work Permits (UK) application fees
Work Permits (UK) charge £153 for the consideration of each work permit or work permit extension application. Processing of the application will not take place until payment has cleared. The Home Office charges an additional fee of £335 (postal) or £500 (fast track) to in-country applicants.
Application procedures
In addition to completion of a formal application form, Work Permits (UK) require information about the employer, the proposed employee and the job together with appropriate supporting documentation.
Although the information and documentation requirements are less onerous for Tier 1 applications, in all cases it is important to show that the individual concerned is suitably qualified and experienced for the job.
If this is an employer's first work permit application, additional evidence will be required to prove that the organisation is established and trading in the UK, or about to start trading.
The completed application form contains a declaration that must be signed by the UK employer, stating amongst other things that everything on the form is accurate and that no UK or EEA resident will be displaced as a result of a work permit being issued.
Duration of permits
A work permit may at present be issued for a period of up to 60 months depending on the expected duration of the job and the period for which it was requested etc.
Settlement
After five years of continuous employment in the UK, work permit holders may apply for 'indefinite leave to remain'. Once granted, this allows individuals to remain in the UK indefinitely and to switch jobs freely, without the need to obtain further work permits. NB This does not apply to individuals with a multiple entry work.
Dependent family members
The spouse and any unmarried children under 18 of work permit holders (except where the work permit holder has a multiple entry work permit) may accompany the employee to the UK. However, they must obtain entry clearance from the relevant British diplomatic post before they travel. They will be allowed to remain in the UK for the same period as the work permit holder and will also be granted any extensions or indefinite leave to remain in line with that given to the permit holder. They may work in the UK if no special restrictions have been placed on their stay.
Other possible requirements
Nationals of certain countries may need to obtain a separate visa to enter the UK before travelling. Some are also required to obtain exit visas from their own governments.
The work permit holder, spouse and children aged 16 or over who accompany them to the UK may be required to register with the UK police.
Work permit extensions
Work permission can be extended whilst the work permit holder is in the UK. However, it should be noted that multiple entry work permits cannot be extended: in this instance, the employer must apply for a fresh work permit whilst the individual is outside the UK.
The extension application must be submitted to Work Permits (UK) before expiry of the initial work permission. Work Permits (UK) can endorse passports with extended permission to remain in the UK. This can greatly speed up the process of ensuring that an individual’s passport is endorsed correctly.
Work Permit (UK)’s current processing times for this service are up to 1 week.
Alternatives to sponsored work permits that do not require a job offer: HSMP requires degree qualifications, strong earnings and work experience
For further information by regulated immigration specialists internationalworkpermits
The Work Permits Scheme is managed by Work Permits (UK), a part of the Home Office.
Application Criteria
UK employer
The employer must be established and trading, or about to become operational in the UK, whether as a partnership, a company or as a registered branch of an overseas company.
A specific individual for a specific job
Work permit applications are made in respect of a specific individual and a specific post. It is not possible to obtain a permit for a particular job before someone has been found to fill it, or to get a work permit for an individual and then find them a job when they get to the UK.
Criteria used to assess whether individual qualifies for a work permit
Work permits will normally only be issued for people who have either a degree level qualification or high level or specialist skills acquired through doing the type of job for which the permit is sought for at least three years. This type of job should be at NVQ Level 3 or above.
No suitable UK or EEA resident for post
In general, Work Permits (UK) must be satisfied that there is no suitable and available person settled in the UK or European Economic Area (EEA) who could otherwise fill the post. It may be necessary for the position to be advertised within the UK and EEA to be able to prove this.
Categories of permit
Work Permits (UK) operates a system whereby four categories of application, known as 'Tier 1' cases, can be processed more rapidly and require less supporting documentary evidence. These are:
intra-company transfers – a common type of application used by multi-national organisations which need to transfer employees from an overseas office, subsidiary or sister company to fill a skilled post in the UK which cannot be filled by a locally recruited employee;
board level posts for very senior individuals who are not employed by the same company or group overseas but who have high level relevant skills or knowledge which are not easily obtainable in the UK and who will have daily input into the management of the organisation at a strategic level;
posts for key staff connected with inward investment ventures creating significant investment (minimum £250,000) and new employment in the UK; and
occupations on the official list published by Work Permits (UK) where labour is in acute short supply, ie specified positions within, amongst others, the health care and engineering sectors.
All other applications are regarded as 'Tier 2' for which Work Permits (UK) will usually expect the UK employer to advertise the position throughout the EEA as evidence that there has been a fair test of the resident labour force. In some limited circumstances it is possible to request that the advertising restrictions be waived.
Multiple Entry Work Permit
This type of work permit, issued from 6 months to 2 years allows a worker to re-enter the UK to undertake the same role for the duration of the permit, regardless of large periods of time spent outside the UK. The multiple entry permit is designed to assist employers who require overseas workers to enter the UK to undertake employment for temporary periods, whilst remaining based overseas, for example IT Consultants who need to work in the UK on specific projects for 1 to 2 months, once or twice a year.
It is important to be aware that time spent in the UK under a multiple entry work permit will not count towards the qualifying period in terms of a potential application for indefinite leave to remain. In addition, family members who wish to accompany the work permit holder to the UK will only be able to do so as visitors for a maximum six month period in any one year.
Work Permits (UK) application fees
Work Permits (UK) charge £153 for the consideration of each work permit or work permit extension application. Processing of the application will not take place until payment has cleared. The Home Office charges an additional fee of £335 (postal) or £500 (fast track) to in-country applicants.
Application procedures
In addition to completion of a formal application form, Work Permits (UK) require information about the employer, the proposed employee and the job together with appropriate supporting documentation.
Although the information and documentation requirements are less onerous for Tier 1 applications, in all cases it is important to show that the individual concerned is suitably qualified and experienced for the job.
If this is an employer's first work permit application, additional evidence will be required to prove that the organisation is established and trading in the UK, or about to start trading.
The completed application form contains a declaration that must be signed by the UK employer, stating amongst other things that everything on the form is accurate and that no UK or EEA resident will be displaced as a result of a work permit being issued.
Duration of permits
A work permit may at present be issued for a period of up to 60 months depending on the expected duration of the job and the period for which it was requested etc.
Settlement
After five years of continuous employment in the UK, work permit holders may apply for 'indefinite leave to remain'. Once granted, this allows individuals to remain in the UK indefinitely and to switch jobs freely, without the need to obtain further work permits. NB This does not apply to individuals with a multiple entry work.
Dependent family members
The spouse and any unmarried children under 18 of work permit holders (except where the work permit holder has a multiple entry work permit) may accompany the employee to the UK. However, they must obtain entry clearance from the relevant British diplomatic post before they travel. They will be allowed to remain in the UK for the same period as the work permit holder and will also be granted any extensions or indefinite leave to remain in line with that given to the permit holder. They may work in the UK if no special restrictions have been placed on their stay.
Other possible requirements
Nationals of certain countries may need to obtain a separate visa to enter the UK before travelling. Some are also required to obtain exit visas from their own governments.
The work permit holder, spouse and children aged 16 or over who accompany them to the UK may be required to register with the UK police.
Work permit extensions
Work permission can be extended whilst the work permit holder is in the UK. However, it should be noted that multiple entry work permits cannot be extended: in this instance, the employer must apply for a fresh work permit whilst the individual is outside the UK.
The extension application must be submitted to Work Permits (UK) before expiry of the initial work permission. Work Permits (UK) can endorse passports with extended permission to remain in the UK. This can greatly speed up the process of ensuring that an individual’s passport is endorsed correctly.
Work Permit (UK)’s current processing times for this service are up to 1 week.
Alternatives to sponsored work permits that do not require a job offer: HSMP requires degree qualifications, strong earnings and work experience
For further information by regulated immigration specialists internationalworkpermits
posted by internationalworkpermits at 8:02 AM
