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What are the different kinds of permit
for? |
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How can I obtain copies of our guidelines
and application forms? |
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Who can apply for a work permit? |
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Should I apply for a Business and Commercial (B&C) Work
Permit ? |
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What are the minimum skill criteria for
a Business and Commercial work permit? |
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How much do work permit applications cost? |
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What is the maximum length of a work permit? |
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What is the application procedure to employ
who is already in the UK? |
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Can the overseas national work while the
application is being processed ? |
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Do I submit the passport with the work
permit application form? |
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Where shall I send the application form? |
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How can an overseas national change their
employer? |
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Can an overseas national do supplementary
work? |
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Can I extend a Sectors Based Scheme (SBS)
permit? |
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I am a work permit holder; can my spouse
work in the UK? |
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1. What
are the different kinds of permit for? |
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The Business and
Commercial Work Permit allows employers in this country to
recruit people from outside the European Economic Area (EEA)
who are going to be filling a vacancy that may otherwise be
filled by a 'resident worker'. Please use form WP1 when applying
for: - Business and Commercial work permits; Multiple Entry
Work Permits; and for changes of employment, or use form WP1X
for extensions to existing work permits. For Sponsored Researchers
use the form SR1 to apply for new, change of employment and
extension applications.
The Training and
Work Experience Scheme enables people from outside the EEA
to undertake work-based training for a professional or specialist
qualification, or a period of work experience. Please use
form WP1 when applying for Training and Work Experience work
permits and for changes of employment or use WP1X for extensions
to existing work permits.
The Sports and Entertainments
arrangements allow employers in this country to employ established
sportspeople, entertainers, cultural artists and some technical/support
people from outside the EEA. Please use form WP3 when applying
for Sports and Entertainments work permits, Multiple Entry
Work Permits and for changes of employment or use WP3X for
extensions to existing work permits.
The Student Internship
arrangements allow students from outside the EEA studying
first or higher degree courses overseas to undertake an internship
with an employer in this country. Please use form WPSI when
making an Internship application. Please see the 'Student
Internship guidance for employers' (Student Internship notes)
for further details.
The General Agreement
on Trade in Services arrangements allow employees of companies
that are based outside the European Union to work in the UK
on a service contract awarded to their employer by a UK-based
organisation. This is a special and exceptional arrangement
within the normal work permit rules made under the General
Agreement on Trade in Services (GATS). The company abroad
that is contracted to provide the service needs to apply using
the application form GATS-A. Please see the 'Guidance notes
for employers on how to apply for a General Agreement on Trade
in Services work permit' (GATSA (notes), and associated guidance
in GATSB (notes) if necessary) for further details.
The Sectors Based
Scheme (SBS) allows employers in this country to recruit people
from outside the EEA to fill vacancies that they are unable
to fill with 'resident workers'. SBS is sector based and currently
operates in the hospitality and food manufacturing sectors.
SBS only covers those posts within a given sector that are
recognised as hard to fill by Work Permits (UK), and are specified
in the Sectors Based Scheme Guidance Notes. The posts specified
in the guidance notes are at a level that would not meet the
skills criteria of the Business and Commercial arrangements,
but which have been identified as hard to fill within the
UK. The SBS is quota based. Please use form SB1 when applying
for an SBS work permit or a change of employment under these
arrangements or form SB1X for an extension to an existing
work permit. Please see the 'Guidance notes for employers
on how to apply for a Sectors Based Scheme work permit' (Sectors
Based Scheme notes) and the website: http://www.workingintheuk.gov.uk/
for further details.
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2.
How can I obtain copies of our guidelines and application forms? |
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You can download
our guidelines and application form from our website http://www.workingintheuk.gov.uk/
using the 'All Forms' link on the right hand side of the homepage.
Alternatively, you can request a copy to be posted to you
by calling our Distribution Centre on 08705 210 224.
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3.
Who can apply for a work permit? |
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for permits can only be made by UK-based employers on behalf
of the person they wish to employ. There is no provision within
the current arrangements for individuals to apply on their
own behalf. |
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4.
Should I apply for a Business and Commercial (B&C) Work
Permit or a Training and Work Experience (TWES) Work Permit? |
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the person is to be additional to your normal staffing levels
you should apply for a TWES permit. If you are to fill an
actual vacancy within the organisation you should apply for
a B&C work permit. |
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5.
What are the minimum skill criteria for a Business and Commercial
work permit? |
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Permits are normally only issued for full time posts requiring
specific qualifications or skills. This could be either: -
a UK degree level qualification, an Higher National Diploma
(HND) level occupational qualification, or a general HND level
qualification plus one year's relevant work experience; or
a minimum of three years' experience using specialist skills
at National/Scottish Vocational Qualification (N/SVQ) level
3 or above. |
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6. How
much do work permit applications cost? |
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| There
is a fee of £153 for the consideration of a work permit.
An application for Further Leave to Remain on an FLR(IED)
form costs £335. |
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7.
What is the maximum length of a work permit? |
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Business and Commercial Work Permit can be issued for up to
5 years. A Sector-Based Permit can only be issued for a maximum
of 12 months. |
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8.
What is the application procedure to employ an overseas national
who is already in the UK? |
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The employer submits
a work permit application on the appropriate form. For the
Business and Commercial Work Permit this is a WP1 form and
there is a £153 administration fee.
Once approval against
the work permit criteria has been given or before the expiry
date of the applicant?s current Leave to Remain the individual
must then apply to vary their (and any dependant's) leave
to remain if they are residing in the UK. This must be done
using form FLR (IED), enclosing the appropriate fee (£335)
and documents relevant to the application. The individuals
passport and those of any dependants must be sent with the
FLR (IED) to be endorsed.
Please be aware
that only overseas nationals in the following categories will
be allowed to switch on to a work permit from within the UK:
• A student and have successfully graduated from an
educational institution in the UK; or
• A post graduate
doctor or dentist or trainee general practitioner who holds
a valid work permit approval for employment as a doctor or
dentist; or
• An overseas
national here to undertake the PLAB test, a clinical attachment
or a dental observation post who holds a valid work permit
approval for employment as a doctor or dentist; or
• A student
nurse who holds a valid work permit approval for employment
as a nurse; or
• A working
holiday maker who has been in the UK for more than twelve
months who holds a valid work permit approval for an occupation
listed on the Work Permits (UK) shortage occupation list,
at the time of issue; or
• An overseas national on the Highly
Skilled Migrant Programme; or
• An Innovator; or
• An overseas national on a Science
and Engineering Graduate Scheme.
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10.
What is the application procedure to employ an overseas national
who is outside of the UK? |
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1.The employer submits
a work permit application on the appropriate form. For the
Business and Commercial Work Permit this is a WP1 form and
there is a £153 administration fee.
2.Once approval
against the work permit has been given the individual (and
any dependants) will be required to apply for entry clearance
at a British Diplomatic Post before travelling to the UK.
Work permit holders
who have a permit for 6 months or less are not required to
obtain this entry clearance unless they are a visa national.
However Work Permits (UK) encourages all work permit holders
to obtain entry clearance.
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11.
Can the overseas national work while the application is being
processed if they are already living in the UK? |
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Normally if you
have been issued with a new work permit you can not start
working under the conditions of that permit until you have
been granted Further Leave to Remain (FLR) to do so. However,
you may work while the FLR(IED) form is being processed if
you have valid leave to remain in an immigration category
that allows you to do so.
For example -
If you are residing
in the UK on a Working Holiday Maker Visa or a Permit-Free
Training Visa, you can continue to work in the UK until a
decision is made on your FLR as long as the work permit application
and the associated application for Further Leave to Remain
on the FLR(IED) form is received before the expiry date of
your visa.
However, an interim
arrangement is currently in place whereby existing work permit
holders can start a new job on the strength of the work permit
permission letter, providing their existing leave to remain
covers all or part of the period of the new employment;
In these cases individuals
will then have to submit a further leave to remain application
before their existing leave expires, or within 6 months, whichever
is the sooner.
As the employer's work permit will have been approved, and
the individual will still have to submit a further leave to
remain application, this does not undermine immigration controls
in any way.
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12.
Do I submit the passport with the work permit application form? |
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| Please
do not send passports with the work permit application. Passports
must only be submitted with the application for Further Leave
to Remain on the FLR(IED) form. |
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13.
Where shall I send the application form? |
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Please send the work permits application form
to our payment-processing site at:
Work Permits (UK)
P.O. Box 551
Doncaster
DN1 1XU
Applications for Further Leave to Remain should
be sent to:
Work Permits (UK)
- FLR(IED)
Home Office
Walsall Road
Cannock
WS11 0WS
What are your processing times?
You can up obtain
weekly updates on our processing times from the 'News' and
'Announcements' section of our website http://www.workingintheuk.gov.uk/.
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14.
How can an overseas national change their employer? |
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Since work permits
are issued for a named person to do a particular job for a
specific employer, the new employer will need to get approval
from us by applying for a new work permit before the Overseas
National can start work. All our application forms and accompanying
guidance notes are available to UK-based employers by downloading
them from our website (http://www.workingintheuk.gov.uk/).
Alternatively they can be obtained from our distribution centre
by phoning 08705 210 224.
For most changes
of employment applications we will already have details of
the person, so you do not need to send evidence of their qualifications
and experience.
Once approval against
the work permit criteria has been given or before the expiry
date of the applicant's current Leave to Remain the individual
must apply to vary their leave to remain. This must be done
using form FLR (IED), enclosing the appropriate fee of £335
and documents relevant to the application. The individuals
passport and those of any dependants must be sent with the
FLR (IED) to be stamped.
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15.
Can an overseas national do supplementary work? |
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The procedure, which
needs to be followed by people who want to do work which is
supplementary to that for which their current permit was issued,
is outlined below.
Supplementary employment
arrangements apply to overseas nationals who already have
a work permit, but who want to take on additional work to
that which their permit was issued for. Under these circumstances
they may do so without further permission from Work Permits
(UK) provided that the work:
• is outside of their normal working hours;
• is no more than 20 hours per week;
• is in the same profession and at the same professional
level for which the holder's work permit was issued; and
• is not employed by a recruitment agency, employment
agency or similar business, which provides personnel to a
client.
For example, a nurse
who has a work permit to work for an NHS Trust and wishes
to take up supplementary employment with a nursing recruitment
agency would not be allowed to do so as we do not approve
work permits for such agencies.
Any supplementary
employment undertaken must be in a post that would meet our
work permit issuing criteria; i.e. if an overseas national
takes up supplementary employment in a post for which we would
not normally approve a work permit, then they are in breach
of their immigration conditions.
The work permit
holder is not allowed to enter self-employment, set up a business
or join another business as a director or partner. If a work
permit holder wishes to be self-employed or set up a business
they will need to apply to the Home Office (Immigration and
Nationality Directorate) for the appropriate permission to
do so. Please note however that if this permission is granted
this will invalidate any current work permit.
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16.
Can I extend a Sectors Based Scheme (SBS) permit? |
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| We
can only extend an SBS permit up to the maximum 12 months
allowed. At the end of this 12 months the overseas national
will be expected to leave the UK and they will not be eligible
to re-enter the UK on any further SBS permits until they have
completed a period of at least two months outside the UK.
(i.e. there must be a two month gap between the day an individual
who has been in the UK as an SBS permit holder leaves the
UK, and the day they re-enter as the holder of another SBS
permit). |
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17.
I am a work permit holder; can my spouse work in the UK? |
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The spouse, unmarried
partner and children of a work permit holder may be admitted
to the United Kingdom as the dependants of a work permit holder.
The spouse/unmarried partner will be given conditions of stay,
which do not place any restrictions, other than those that
would apply to a resident worker, on their taking employment
or engaging in business.
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