Training and work experience

The DfEE operates a Training and Work Experience Scheme (TWES) to 'assist businesses and organisations in their international development and to help other countries by increasing the skills and experience of their citizens'. Under this scheme the DfEE issues permits to employers to give people the chance to have a period of training or work experience in the UK. TWES is currently under review, but no changes had been formally announced at the time of writing. Nevertheless, certain principles of TWES are being ignored in practice.

Training permits

Employers have to show that the training will lead to a recognised professional or specialist qualification at postgraduate level, that the person already has a degree or equivalent qualification, the training is for a minimum of 30 hours a week and the salary and conditions 'reflect the normal rates applicable to the profession'. The DfEE needs to be satisfied that the firm is providing adequate training and that the person is progressing. Permits for training necessary to obtain a professional qualification,for example in law or accountancy, will be granted to cover the length of the training. People are expected to complete it in the shortest possible time and to leave the UK at the end of the period. TWES permits are not normally issued for training towards a qualification which can be obtained through full-time study in the UK.

The length of the training does not have to be agreed at the outset because approval is given in stages depending on progress. If the qualification will take more than three years, such as accountancy or law, the person may be admitted for three years, or until shortly after the date of the first examination, and further extensions may be given to cover the next examinations, up to a maximum of six years. Extensions may be granted in order to re-sit examinations, though not more than three chances will be given.

For work experience permits

People should be between 18 and 35 and 'at or near the start of their career'. They must be in a supernumerary post, or on a one-for-one exchange, and generally should be paid only a 'modest spending allowance'. Both those provisions will be abolished if the review recommendations are followed. The length of the programme must be agreed at the outset with the DfEE and extensions will not be granted. It may be possible for students who have qualified in the UK to be granted work experience permits to obtain six months' or a year's work experience in the subject they have been studying academically, before leaving the UK. People will normally be admitted for 12 months at a time and two years is the maximum time that can be granted for work experience.

In both cases, employers need to obtain permits from the DfEE, showing that they are offering a genuine training or work experience programme to the person, why experience in the UK is needed and how it will be used abroad. If the review proposals are followed, a resident labour test may be applied to training. It is important that both the employer and the trainee understand and sign a declaration on the application form that the employment is temporary and that the person will be leaving the UK at the end of the training period. People already in the UK as students may be allowed to switch category, but all others mustensure that their prospective employer has obtained a permit before they travel.

It is the workers' responsibility to ensure that their employers apply to the DfEE for extensions of their permit and leave to remain within the time given, so that they do not become overstayers. Home Office decisions about granting further leave to remain depend on DfEE decisions about permits. The Home Office refuses the person permission to stay if an extension of the permit has been refused. A person who 'does not hold a relevant document which is required by the immigration rules' has no right of appeal against refusal. These documents are defined as entry clearances, passports or identity documents and work permits or permissions to work after entry. Thus people whose employers are refused training permits for them will be told that they have no right of appeal against refusals of entry clearance or of leave to remain.

The spouse and children under 18 of people with training or work experience permits may be granted entry clearance or leave to enter or remain in line with the permit-holder. If they need to apply to stay longer, they must make the application to the DfEE, along with the permit-holder, not to the Home Office.

Michael Reason LLM, April 2000.

http://www.michael-reason.com

References

JCWI Immigration nationality & refugee handbook 1999 edition

Butterworths Immigration Law Handbook