The Work Permit Scheme
The Work Permit Scheme is not designed to help unskilled or semiskilled people to come to the UK. It ensures that the employer will go through all the paperwork and delays if the worker is essential.
Work permits are granted to employers by the Department for Education and Employment (DfEE), not the Home Office.
Forms
Forms are available from the IND web site at:-
http://www.workpermits.gov.uk/default.asp?PageId=1623
How the Work Permit Scheme Works
Work Permits are issued to employers, not to workers, to enable them to employ the named worker in a particular job at a particular rate of pay. If the worker changes jobs, even in the same company, a new permit is necessary.
Jobs in very short supply do not need to be advertised for the work permit to be granted. A changing register of such jobs is kept by the DfEE and can be accessed by phone on 0114-259-4203 for current information. The list mainly refers to the IT, Computers, Telecoms, Nursing Medical and Actuary. The list is updated from time to time and can be accessed on the web at:
http://www.workpermits.gov.uk/default.asp?pageid=3019
The criteria applied in Work Permit applications
The others of us who must have our jobs advertised before being eligible for a UK work permit are normally expected to be "keyworkers" who are defined as "overseas nationals having technical or specialised skills and expertise essential to the day to day operation of the company". They have to possess particular skills, knowledge or experience, and the employer has to show that the jobs of the other people depend on them.
The Main Requirements in general are:-
- the worker from abroad will not be taking a job which could be done by anyone already permitted to work in the UK or by an EEA national (the 'resident labour' test). Employers are required to sign a declaration confirming that no other worker has been displaced by the worker from abroad.
- The job must be one requiring a recognised degree or equivalent professional qualification, or senior executive or administrative skills; or a job for a highly qualified technician with specialised or rare skills;
- The person must usually have had at least two years work experience, normally abroad, in a similar job to that for which the permit is now being requested. The DfEE requires original written proof of these jobs from previous employers and of academic qualifications.
- People in the UK as students or visitors will not normally be permitted to change work permit approved employment. Experience gained in the UK illegally, or while there temporarily under the Home Office permit-free category for example as working holidaymaker, will not normally be considered;
- The person must have all the skills and qualifications necessary for the job. Evidence of studies and qualifications may be very important
Other Criteria include
- There must be a genuine vacancy,
- Generally the worker must be an employee and not a self-employed consultant,
- The employer must be an active trading business;
- The job must normally be advertised in the last six months in appropriate newspapers or professional or trade journals which are also available in the EEA (both of these for key worker jobs), with at least four weeks allowed for response. The form requires evidence of all the attempts made to find someone already allowed to work, including copies of the advertisements, details of response to them, including, how many respondents were EEA nationals, and explanations of why the other applicants were not suitable.
The DfEE states that the applications will normally be decided within six to eight weeks, but if another government department is involved it may take longer.
Normally people have to be outside the UK while the employer is applying for the work permit. The permit if granted, is sent to the employer who sends it to the worker abroad.
Michael Reason LLM, April 2000.
http://www.michael-reason.com
References
JCWI Immigration nationality & refugee handbook 1999 edition
Butterworths Immigration Law Handbook |
