Work Permit Criteria

Each year numerous overseas nationals apply to work in the UK and one of the most common methods of gaining entry is through the Work Permit Scheme. A work permit can be obtained through employer sponsorship. The individual will only be allowed to work for the employer sponsoring the work permit and will need to meet the following Work Permits (UK) criteria:-

• Hold a degree qualification, or
• Have a minimum three years graduate level work experience
• Have a UK based employer willing to sponsor the work permit

A work permit can be issued for periods up to five years in duration. After four years on a work permit the individual may qualify for Indefinite Leave to Remain in the United Kingdom. Permits can be obtained for an individual whilst they are in the UK (with some exceptions) or overseas.

Types of Work Permits

Business and Commercial – New Hire

The Business and Commercial arrangements allow employers in this country to recruit people from outside the EEA to fill a vacancy that may otherwise be filled by a “resident worker”. The UK based employer must first advertise the position in a national newspaper, appropriate trade paper or on a suitable internet recruitment website. If the employer has been unable to find a suitable resident “worker” for the post on offer, the employer may make an application for a work permit provided the non EEA national meets the Work Permits (UK) criteria. Upon submission of the work permit application the employer may be required to submit company information to demonstrate the company is established and trading. The individual applicant is required to submit evidence to demonstrate they have the required qualification and/or experience making them a suitable applicant for the post on offer.

Inter-company Transfer Work Permit
This category is for employees of companies who are transferring to a skilled post in a UK-based branch of the company. The post must require an established employee who has worked with the company overseas for a minimum of six months and has acquired company knowledge and experience relevant to the job on offer. In this instance the employer would not be required to carry out a recruitment search.

Training & Work Experience Scheme (TWES)
The TWES arrangement enables individuals to gain work experience or undertake work-based training for a professional or specialist qualification. The individual must have relevant qualification or experience. TWES permits are restricted in duration and switching to a Business and Commercial work permit is not normally allowed.

Student Internships
This permit allows students in a first or higher degree course to undertake a 3 month period of paid work experience on an internship with an employer in the UK.

Sportspeople and Entertainers
The arrangement allows established sportspeople and entertainers, cultural artists and some technical/support people to work in the UK.

Highly Skilled Migrants Programme (HSMP)
This work permit is held by the individual and does not require sponsorship of an employer. The programme works on a point scoring system. The minimum points criteria an individual must meet is 65 points. There are 2 categories for the scheme:-
• Under 28
• Over 28
To qualify for the Highly Skilled Migrants Programme, an individual must demonstrate eligibility through:-
• Graduate qualification
• Experience at graduate level
• Achievements in your chosen field/profession (optional)
• Salary
• Spouse/Partner qualification

The HSMP for Under 28 will allow 5 extra points for being a young Highly Skilled Migrant and benefits the HSMP applicant where the overall qualification criteria is lower than that of the Over 28. The HSMP will initially be approved for 12 months, and an extension for a 36 month period will be issued subject to the individual establishing themselves in employment.

The HSMP allows the individual to engage in various positions of employment options as follows:-
• Work for more than one employer
• Contract
• Set up in business

Applications may be submitted whilst the individual is in the UK although there are exceptions. Individuals who are abroad may submit their applications via a UK based representative or direct to the nearest British Consulate.

Further information on the Work Permit criteria and categories is available on the Work Permits (UK) website at http://www.workpermits.gov.uk/ and http://www.ind.homeoffice.gov.uk/ for the HSMP application.

Entry Clearance –

Who needs it and why is it necessary?

Certain individuals require an Entry Clearance (visa) prior to coming to the UK. Visas can be obtained from a British Embassy, High Commission or other British Diplomatic Mission in the applicant’s country of origin.

From 13th January 2004 all work permits holders holding work permits longer than six months in duration must obtain prior entry clearance.

In addition, dependants of a work permit holder must obtain prior entry clearance regardless of the duration of the work permit. Visa nationals must also obtain prior entry clearance even if the work permit is for six months or less.

Further information can be found on the UK Visas website at http://www.ukvisas.gov.uk/

Dependants

The spouse, unmarried partner and children of a work permit holder may be admitted to the United Kingdom as the dependants of a work permit holder. The spouse/unmarried partner will be given conditions of stay in line with those of the work permit holder and which do not place any restrictions on taking employment or engaging in business.

The exceptions to this are the dependants of Student Internship work permit holders who, if they wish to accompany a work permit holder to the United Kingdom, must qualify for entry in their own right.

Indefinite Leave to Remain

An individual who has completed four years continuous employment may be entitled to apply for Indefinite Leave to Remain along with their dependants. Indefinite Leave to Remain gives the individual the right to remain in the UK free of immigration restrictions.

Nationality

An individual can apply to be naturalised as a British Citizen once they have completed a period of five years (3 years if married to a British citizen) residence in the UK. Upon receiving indefinite leave to remain an individual must complete a further 12 month period before making an application for Naturalisation. The Home Office requires that applicants must not be absent from the United Kingdom for more than 450 days over the 5-year period prior to the submission of the application (270 days if married to a British citizen) and no more than 90 days in the final year before qualification.

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Before you take any action, please check with the UK Home Office on regulations regarding entry into the UK. 

This article is for information purposes only. Prepared by Ferguson Snell & Associates Ltd, 10-11 Heathfield Terrace, London W4 4JE. 020 8747 3004. http://www.fergusonsnell.co.uk/