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The following provides answers to the most 'frequently asked questions'
relating to Work Permit applications.
What are the different kinds
of permit for?
The Business and Commercial Work Permit allows
employers in this country to recruit people from outside the European Economic
Area (EEA) who are going to be filling a vacancy that may otherwise be filled by
a 'resident worker'. Please use form WP1 when applying for: - Business and
Commercial work permits; Multiple Entry Work Permits; and for changes of
employment' or use form WP1X for extensions to existing work permits. For
Sponsored Researchers use the form SR1 to apply for new, change of employment
and extension applications.
The Training and Work Experience
Scheme enables people from outside the EEA to undertake work-based training
for a professional or specialist qualification, or a period of work experience.
Please use form WP1 when applying for Training and Work Experience work permits
and for changes of employment or use WP1X for extensions to existing work
permits.
The Sports and Entertainments arrangements allow
employers in this country to employ established sportspeople, entertainers,
cultural artists and some technical/support people from outside the EEA. Please
use form WP3 when applying for Sports and Entertainments work permits, Multiple
Entry Work Permits and for changes of employment or use WP3X for extensions to
existing work permits.
The Student Internship arrangements allow
students from outside the EEA studying first or higher degree courses overseas
to undertake an internship with an employer in this country. Please use form
WPSI when making an Internship application. Please see the 'Student Internship
guidance for employer' (Student Internship (notes)) for further
details.
The General Agreement on Trade in Services arrangements
allow employees of companies that are based outside the European Union to work
in the UK on a service contract awarded to their employer by a UK-based
organisation. This is a special and exceptional arrangement within the normal
work permit rules made under the General Agreement on Trade in Services (GATS).
The company abroad that is contracted to provide the service needs to apply
using the application form GATS-A. Please see the 'Guidance notes for employers
on how to apply for a General Agreement on Trade in Services work permit' (GATSA
(notes), and associated guidance in GATSB (notes) if necessary) for further
details.
The Sectors Based Scheme (SBS) allows employers in this country
to recruit people from outside the EEA to fill vacancies that they are unable to
fill with 'resident workers'. SBS is sector based and currently operates in the
hospitality and food manufacturing sectors. SBS only covers those posts within a
given sector that are recognised as hard to fill by Work Permits (UK), and are
specified in the Sectors Based Scheme Guidance Notes. The posts specified in the
guidance notes are at a level that would not meet the skills criteria of the
Business and Commercial arrangements, but which have been identified as hard to
fill within the UK. The SBS is quota based. Please use form SB1 when applying
for an SBS work permit or a change of employment under these arrangements or
form SB1X for an extension to an existing work permit. Please see the 'Guidance
notes for employers on how to apply for a Sectors Based Scheme work permit'
(Sectors Based Scheme (notes)) available on this website using the 'All Forms'
link on the right hand side of this page.
How can I obtain copies of
our guidelines and application forms?
You can download our Highly
Skilled Migrant Guidelines and application form from this website using the 'All
Forms' link on the right hand side of this page.
Alternatively, you can
request a copy to be posted to you by calling our Distribution Centre on 08705
210 224.
Who can apply for a work permit?
Applications for
permits can only be made by UK-based employers on behalf of the person they wish
to employ. There is no provision within the current arrangements for individuals
to apply on their own behalf.
Should I apply for a Business and
Commercial (B&C) Work Permit or a Training and Work Experience (TWES) Work
Permit?
If you are to be additional to your employers normal staffing
levels your employer should apply for a TWES permit. If you are to fill an
actual vacancy within the organisation your employer should apply for a B&C
work permit.
What are the minimum skill criteria for a Business work
permit?
Work Permits are normally only issued for full time posts
requiring specific qualifications or skills. This could be either: - a UK degree
level qualification, an Higher National Diploma (HND) level occupational
qualification, or a general HND level qualification plus one year's relevant
work experience; or a minimum of three years' experience using specialist skills
at National/Scottish Vocational Qualification (N/SVQ) level 3 or
above.
How much do work permit applications cost?
There is
a fee of £153 for the consideration of a work permit. An application for Further
Leave to Remain on an FLR(IED) form sent by post costs £335. However, the
applicant can apply in-person at the Croydon PEO and pay the premium service fee
of £500.
What is the maximum length of a work permit?
A
Business and Commercial Work Permit can be issued for up to 5 years. A
Sector-Based Permit can only be issued for a maximum of 12 months.
Is
this job classed as a shortage occupation under the Business and Commercial
rules?
What is the
application procedure to employ an overseas national who is already in the
UK?
- The employer submits a work permit application on the appropriate form. For
the Business and Commercial Work Permit this is a WP1 form and there is a £153
administration fee.
- Once approval against the work permit criteria has been given the individual
must then apply to vary their (and any dependant's) leave to remain if they are
residing in the UK. This must be done using form FLR (IED), enclosing the
appropriate fee (£335 for postal service) and documents relevant to the
application. The individuals passport and those of any dependants must be sent
with the FLR (IED) to be endorsed. However, the individual can apply in-person
at the Croydon PEO and pay the premium service fee of £500
Please
be aware that only overseas nationals in the following categories will be
allowed to switch on to a work permit from within the UK:
- a student and have successfully graduated on a degree course; or
- a postgraduate doctor or dentist or trainee general practitioner; or
- a student nurse; or
- a working holidaymaker who has been in the UK at least twelve
months.
What is the application procedure to employ an overseas
national who is outside of the UK?
- The employer submits a work permit application on the appropriate form. For
the Business and Commercial Work Permit this is a WP1 form and there is a £153
administration fee.
- Once approval against the work permit has been given the individual (and any
dependants) will be required to apply for entry clearance at a British
Diplomatic Post before travelling to the UK.
Work permit
holders who have a permit for 6 months or less are not required to obtain this
entry clearance unless they are a visa national. However Work Permits
(UK) encourages all work permit holders to obtain entry clearance.
Can
the overseas national work while the application is being processed if they are
already living in the UK?
If you have been issued with a new work permit you
can not start working under the conditions of that permit until you have been
granted Further Leave to Remain (FLR) to do so. However, you may work while the
FLR(IED) form is being processed if you have valid leave to remain in an
immigration category that allows you to do so.
For example:
If you
are residing in the UK on a Working Holiday Maker Visa or a Permit-Free Training
Visa, you can continue to work in the UK until a decision is made on your FLR as
long as the FLR(IED) form is received before the expiry date of your
visa.
If you are a work permit holder and you are changing employer?s you
can not start work for your new employer until both the new work permit and FLR
have been granted. This is because work permits only give the holder the right
to work for the employer named on the work permit and therefore, you do not have
permission to work for your new employer until leave to remain has been granted
on you new IED (Work Permit).
Do I submit the passport with the work
permit application form?
Please do not send passports with the work
permit application. Passports must only be submitted with the application for
Further Leave to Remain on the FLR(IED) form (that is after the work permit
decision has been made).
Where shall I send the application
forms?
Please send the work permits application form to our payment
processing site at:
Work Permits (UK)
P.O. Box 551
Doncaster
DN1
1XU
Applications for Further Leave to Remain should be sent to:
Work
Permits (UK) - FLR(IED)
Home Office
Walsall Road
Cannock
WS11
0JA
How can an overseas national change their
employer?
Since work permits are issued for a named person to do a
particular job for a specific employer, the new employer will need to get
approval from us by applying for a new work permit before the Overseas National
can start work. All our application forms and accompanying guidance notes are
available to UK-based employers by downloading them from this website.
Alternatively they can be obtained from our distribution centre by phoning 08705
210 224.
For most changes of employment applications we will already have
details of the person, so you do not need to send evidence of their
qualifications and experience.
Once approval against the work permit
criteria has been given the individual must apply to vary their leave to remain.
This must be done using form FLR (IED), enclosing the appropriate fee of £335.00
and documents relevant to the application. The individuals passport and those of
any dependants must be sent with the FLR (IED) to be stamped.
Please be
aware the individual should not commence employment until both the Work
Permit and Further Leave to Remain has been granted.
Can an overseas
national do supplementary work?
The procedure, which needs to be
followed by people who want to do work which is supplementary to that for which
their current permit was issued, is outlined below.
Supplementary
employment arrangements apply to overseas nationals who already have a work
permit, but who want to take on additional work to that which their permit was
issued for. Under these circumstances they may do so without further permission
from Work Permits (UK) provided that the work:
- is outside of their normal working hours;
- is no more than 20 hours per week;
- is in the same profession and at the same professional level for which the
holder?s work permit was issued; and
- is not employed by a recruitment agency, employment agency or similar
business, which provides personnel to a client.
For example, a
nurse who has a work permit to work for an NHS Trust and wishes to take up
supplementary employment with a nursing recruitment agency would not be allowed
to do so as we do not approve work permits for such agencies.
Any
supplementary employment undertaken must be in a post that would meet our work
permit issuing criteria; i.e. if an overseas national takes up supplementary
employment in a post for which we would not normally approve a work permit, then
they are in breach of their immigration conditions.
The work permit
holder is not allowed to enter self-employment, set up a business or join
another business as a director or partner. If a work permit holder wishes to be
self-employed or set up a business they will need to apply to the Home Office
(Immigration and Nationality Directorate) for the appropriate permission to do
so. Please note however that if this permission is granted this will invalidate
any current work permit.
Can I extend a Sectors Based Scheme (SBS)
permit?
We can only extend an SBS permit up to the maximum 12 months
allowed. At the end of this 12 months the overseas national will be expected to
leave the UK and they will not be eligible to re-enter the UK on any further SBS
permits until they have completed a period of at least two months outside the
UK. (i.e. there must be a two month gap between the day an individual who has
been in the UK as an SBS permit holder leaves the UK, and the day they re-enter
as the holder of another SBS permit).
I am a work permit holder, can
my spouse work in the UK?
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, which do not place any restrictions, other than those that would apply
to a resident worker, on their taking employment or engaging in
business.
Therefore, a dependant of a work permit holder is free to work
in the UK as long as the endorsement in their passport places no restriction on
their employment here.
Source : Workingintheuk.gov.uk
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