Work permit (United Kingdom)
Encyclopedia
The UK Work Permit scheme was an immigration category used to encourage skilled worker
s to enter the United Kingdom
(UK) up till November 2008, when it was replaced by the points-based immigration system
. It provided an opportunity for overseas citizens seeking to gain valuable international work experience in the UK and was often used to enable UK employers to transfer key personnel to the UK from outside the European Economic Area
(EEA) region.
A valid job offer from a viable employer in the UK is a requirement for a work permit
. A UK work permit is granted to a specific person for a specific role within a specific company and the permit holder must be able to accommodate and support themselves and any dependants without recourse to public funds. The application for a work permit must be made by the sponsoring company. The Highly Skilled Migrant Programme
may be available to potential immigrants without a job offer.
A work permit holder can apply for their dependants to join them in the UK, and their dependants will be able to work in the UK without restriction.
In order to change employer, a prospective employer will need to apply to the UK Border Agency
to transfer the work permit prior to starting work with the new employer.
. A permit holder will be "locked-in" to their employer for the duration of the visa. Moving to another employer requires another application to be made.
(NVQ) level 3 and above. For work in a certain professions, registration with the governing body of that profession may be required. For example doctors must be General Medical Council
(GMC) registered.
The work permit shortage occupations list contains jobs within the engineering, healthcare, and other professions.
The partner of a work permit dependant visa holder will eligible to seek and take employment in the United Kingdom.
, the tier for skilled workers. Tier 2 also replaced the existing provisions for ministers of religion, airport-based operational ground staff, overseas qualified nurse or midwife, student union sabbatical posts, seafarers, named researchers, Training and Work Experience Scheme (TWES), Jewish agency employees, and overseas representatives (news media).
Skilled worker
A skilled worker is any worker who has some special skill, knowledge, or ability in their work. A skilled worker may have attended a college, university or technical school. Or, a skilled worker may have learned their skills on the job...
s to enter the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
(UK) up till November 2008, when it was replaced by the points-based immigration system
Points-based immigration system (United Kingdom)
The points-based immigration system is the means of regulating immigration to the United Kingdom from outside the European Economic Area . The scheme was phased in between 2008 and 2010. It is composed of five "tiers" which replaced all the previous work permits and entry schemes, including...
. It provided an opportunity for overseas citizens seeking to gain valuable international work experience in the UK and was often used to enable UK employers to transfer key personnel to the UK from outside the European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
(EEA) region.
A valid job offer from a viable employer in the UK is a requirement for a work permit
Work permit
Work permit is a generic term for a legal authorization which allows a person to take employment.It is most often used in reference to instances where a person is given permission to work in a country where one does not hold citizenship, but is also used in reference to minors, who in some...
. A UK work permit is granted to a specific person for a specific role within a specific company and the permit holder must be able to accommodate and support themselves and any dependants without recourse to public funds. The application for a work permit must be made by the sponsoring company. The Highly Skilled Migrant Programme
Highly Skilled Migrant Programme
The Highly Skilled Migrant Programme was a scheme, which has now been phased out, that was designed to allow highly skilled people to immigrate into the United Kingdom to look for work or self-employment opportunities. It was different from the standard UK work permit scheme in that applicants did...
may be available to potential immigrants without a job offer.
A work permit holder can apply for their dependants to join them in the UK, and their dependants will be able to work in the UK without restriction.
In order to change employer, a prospective employer will need to apply to the UK Border Agency
UK Border Agency
The UK Border Agency is the border control body of the United Kingdom government and part of the Home Office. It was formed on 1 April 2008 by a merger of the Border and Immigration Agency , UKvisas and the Detection functions of HM Revenue and Customs...
to transfer the work permit prior to starting work with the new employer.
Duration
A work permit can be issued for any period of time between 1 month to 60 months. The duration of the work permit is dependent on the length of time requested by the sponsoring company, and is also at the discretion of the Home OfficeHome Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
. A permit holder will be "locked-in" to their employer for the duration of the visa. Moving to another employer requires another application to be made.
Position
The position for which the work permit is required must meet National Vocational QualificationNational Vocational Qualification
National Vocational Qualifications are work based awards in England, Wales and Northern Ireland that are achieved through assessment and training. In Scotland they are known as Scottish Vocational Qualification ....
(NVQ) level 3 and above. For work in a certain professions, registration with the governing body of that profession may be required. For example doctors must be General Medical Council
General Medical Council
The General Medical Council registers and regulates doctors practising in the United Kingdom. It has the power to revoke or restrict a doctor's registration if it deems them unfit to practise...
(GMC) registered.
Education
Eligibility for a work permit requires:- A degree; or
- A Higher National DiplomaHigher National DiplomaA Higher National Diploma is a higher education qualification in the United Kingdom. This qualification can be used to gain entry into universities, and is considered equivalent to the first or second year of a university degree course....
(HND) level qualification which is relevant to the position on offer; or - An HND level qualification which is not relevant to the position on offer plus one year of relevant full time work experience at NVQ level 3 and above; or
- No degree and three years of relevant experience.
Entry clearance/leave to remain
Once a work permit has been authorised it is the responsibility of the work permit holder (not the employer's responsibility), to apply for the correct leave in order to validate the work permit. This would be in the form of either a Leave to Remain application (if eligible to switch in the United Kingdom) to the United Kingdom Home Office, or an application for entry clearance (if overseas) to the nearest British High Commission/Embassy in the country of the worker's legal residence.Shortage occupations
If the position for which the prospective employer is seeking a work permit is on the shortage occupation list, there is no requirement for the employer to meet the advertising criteria set by Work Permits (UK). Otherwise the employer will need to advertise for the position in a government accredited place - a broadsheet paper, online etc. This advert will have to be 'live' for a set period of time and the employer will have to prove that the applicant is the most qualified for that position.The work permit shortage occupations list contains jobs within the engineering, healthcare, and other professions.
Spouse/civil partners
A work permit holder's partner may apply for entry clearance as a dependant on the work permit provided that they are either married or have entered into a civil partnership. The permit holder and their partner must demonstrate that they intend to live together in the United Kingdom and that a marriage or civil partnership subsists.The partner of a work permit dependant visa holder will eligible to seek and take employment in the United Kingdom.
Developments under the points-based system
During the third quarter of 2008, the Work Permit scheme was scrapped and it became part of Tier 2 of the new points-based immigration systemPoints-based immigration system (United Kingdom)
The points-based immigration system is the means of regulating immigration to the United Kingdom from outside the European Economic Area . The scheme was phased in between 2008 and 2010. It is composed of five "tiers" which replaced all the previous work permits and entry schemes, including...
, the tier for skilled workers. Tier 2 also replaced the existing provisions for ministers of religion, airport-based operational ground staff, overseas qualified nurse or midwife, student union sabbatical posts, seafarers, named researchers, Training and Work Experience Scheme (TWES), Jewish agency employees, and overseas representatives (news media).
See also
- Points-based immigration system (United Kingdom)Points-based immigration system (United Kingdom)The points-based immigration system is the means of regulating immigration to the United Kingdom from outside the European Economic Area . The scheme was phased in between 2008 and 2010. It is composed of five "tiers" which replaced all the previous work permits and entry schemes, including...
- Office of the Immigration Services CommissionerOffice of the Immigration Services CommissionerThe Office of the Immigration Services Commissioner is the United Kingdom regulator of the immigration advice industry whose powers stem from the Immigration and Asylum Act 1999.-OISC immigration advisers:...
- Immigration Law Practitioners AssociationImmigration Law Practitioners AssociationImmigration Law Practitioners Association is a United Kingdom professional association of lawyers and academics practising in or concerned about immigration, asylum and nationality law....