Generally speaking, anyone who wishes to work in England, Scotland or Wales who is NOT a National of the European Economic Area (EEA) as listed by the countries below, will need to apply for a UK work Permit.
EEA member countries include: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, and the United Kingdom.
Working holiday visa's entitle commonwealth citizens aged 17- 27 inclusive to visit the UK for up to two years, as a working holidaymaker.
Holders of this visa are only entitled to undertake casual employment to supplement their visit, this should be no longer than half the duration of their visa. Candidates are only permitted to take up employment that is 'incidental' to their holiday, that is to say it is not permissible for them to undertake employment that advances their career or that is within their profession.
- That there is no suitable UK or EEA (European Economic Area) national available to do the job in question (which normally means that the vacancy must be advertised widely) unless the occupation is classified under the UK Shortage Occupations category.
- That the job is one which requires special skills, experience and qualifications.
- That there must be some economic benefit to the United Kingdom.
Although the candidate may qualify for the post in your mind and fulfill your company's requirements, they must also fulfill the requirements set out by Work Permits (UK).
If your company have NOT previously made any application to Work Permits (UK) for a Work Permit or a Training / Work experience visa, you will be required to submit a copy of your most recent audited accounts.
This is standard procedure for any initial application , but if you do not have this information available (i.e. if you have not been in business long enough or are a start up company), it may still be possible to make an application by submitting other relevant information.
Your candidate will also be required to submit copies of their qualifications and previous work references.
If you wish to employ a candidate who is already on a work permit with another company, you must make a new application to employ them, as their current permit is only valid for their present employer. They cannot begin working for you until an approval letter has been issued giving permission for them to do so.
No, you do not have to employ the candidate for the entire duration of the work permit, this is a decision between your company and the candidate. A work permit is NOT a contract of employment; it simply gives the sponsor permission to employ the candidate, and the candidate permission to work for that employer.
Neither of you require permission to end the employment but you should inform the Home Office in writing.
Write to: ICU 2, Work Permits, 17th Floor, Lunar House, Wellesley Road, Croydon, CR9 2BY
If you have already made an application, and due to errors or misunderstandings on the forms the Work Permit has been refused, it may be difficult to get Work Permits (UK) to reconsider their decision. If you require guidance as to how to proceed or appeal a decision, please contact us.
A refusal of a genuine work permit application will not have any detrimental
effect on your company or any future applications you may make.
But it's worth getting it right the first time!
Vehicles for the accounting convenience of contract staff are not regarded as suitable applicants by Work Permits (UK), so a UK-resident contractor cannot use his 'personal services company' to sponsor overseas staff who want to find contract work in the UK.
Most applications can be processed within 1-2 weeks.
Processing times are decreasing and Work Permits (UK) aims to process 90% of work permit applications within 1 week of submission by the second quarter of 2001.
However, during times of peak demand and during holiday periods (particularly late July to the end of September, and mid December to the middle of January) processing times can take slightly longer.
NOTE: Because of security clearance procedures, applications for Russian nationals take a little longer, and for nationals of North Korea, Libya, Iraq, and China the process can take much longer.
This will depend on whether or not the candidate is currently in the UK.
If they are OUTSIDE of the UK, they will require the original permit to enter the UK, this could be received via courier within a few working days. Commonwealth Nationals will just be required to present their permit to the Immigration Officer on arrival in the UK, who will then transfer the conditions of approval into the passport.
All other Nationalities will be required to gain prior Entry Clearance, from their nearest British High Commission. It's worth noting that it may take time for the relevant embassy to process the entry clearance application.
If the candidate is already in the UK when the permit is issued, Work Permits (UK) will make a recommendation to the Home Office once they have made their decision. The Home Office may request the candidate's Passport, to enable the transfer of conditions from their current visa status to UK Work Permit status.
If you want the person to change roles within your company, and it is NOT a natural progression of their current position and the person's duties change significantly, you will need to re-apply. You do NOT need to apply again if the person will be doing the same job for you but at a different address, however you must let Work Permits (UK) know of these changes in writing.
Write to: Work Permits (UK), Moorfoot, Sheffield, S1 4PQ
Yes. If you employ a work permit holder and wish to continue their employment, you will need to make an application for an extension .
This process also takes about 1 week and you will need to apply BEFORE the current permit has expired, it is advisable to submit the candidate's passport with any extension application.
Work permits can be issued for up to five years, however you will need to justify why you require the candidate for this length of time. If you are a Start-Up company, the maximum amount of time initially issued will be 18 months
Work Permits (UK) must be satisfied that you are paying the candidate fairly, you will be required to pay the candidate the "going rate" for the post in which they will be employed. See conditions of employment.
It may be worthwhile getting a FREE Assessment to see if your potential candidate will qualify.
You will get a response within 48 hours !!
|
|
 |
|
|
Privacy | Contact
Us | Definitive Work Permits Tuesday, May 13 2008
|
|
|