Background information for Work Permits
The government department responsible for issuing UK work permits is Work Permits (UK) and their rules state that it is the responsibility of the employer to ensure that whoever they employ has the right to work in the UK, whether this is by way of an employer sponsored Work Permit, the Highly Skilled Migrant Programme (HSMP), the Working Holidaymaker visa, as a dependant of a work permit holder in the UK or by way of a variety of other visas that give the right to work in the UK. If you are uncertain of your right to employ an individual then please feel free to contact us for further information.
The UK work permit scheme is designed to let UK employers recruit or transfer people from outside the EEA, including bringing people to the UK for training and work experience. A work permit is granted by Work Permits (UK) for a job where the employer cannot find a suitable resident worker and the prospective employee has the required qualifications and/or skills and experience to do the job.
An employer wishing to sponsor an individual for a UK work permit will need to show Work Permits (UK) that they are a viable business and that they have a genuine requirement that can be fulfilled by the prospective employee. The work permit will be issued for a specific person and a specific job and is not transferable.
There are numerous government sponsored schemes for potential workers but the main types of employer sponsored UK work permit are:
Tier 1 UK Work Permit
These applications require less evidence to be produced to prove that a person could not easily be found from the resident workforce. They are issued for professions that are on the Tier 1 list of shortage occupations (e.g. certain types of engineer) and also include:
Training and Work Experience Scheme (TWES) permits
Issued by Work Permits (UK) to allow individuals to gain experience and training. This is a shorter term work permit and is issued for a genuine training position where the trainee is not taking the place of a permanent employee. The employee is expected to leave the UK at the end of their training.
Intra-Company Transfer (ICT)
This work permit is designed to allow overseas employers to bring key members of staff from an overseas branch of the company to their UK office. They must have been employed by an overseas branch of the same company for at least 6 months and the employer is not required to advertise the position before applying.
Tier 2 UK Work Permit
These comprise the majority of applications and are issued by Work Permits (UK) for those professions that do not fall into the Tier 1 Work Permit category. The three main requirements are that: the position on offer is at supervisory level or above, that the potential employee has the qualification and/or experience to do the job, and that the employer has advertised the position on a suitable medium and can demonstrate that a suitably qualified resident worker was not available to fill the post.
If you would like more information about how to obtain a UK work permit for your prospective employee or to extend an existing employer sponsored work permit, then please contact us for further information.
Whilst a work permit grants permission to work in the UK, an employer will also need also to ensure your prospective employees have the correct immigration status which confirms their right to work (in the form of the correct residence permit in their passport). This may involve either an application to switch or extend their current UK immigration status or to obtain permission to travel to the UK (entry clearance) for the purpose of work. We are happy to advise and assist with this, so please contact us if you require further information.