The Work Permit Scheme

Work Permits
As a general rule to qualify under the scheme an applicant must hold a UK equivalent degree level qualification or have 3 years of experience at NVQ level 3. The post must be a degree level one.

Intra Company Transfers (ICTs)
This category applies to individuals who have been employed abroad by a sister company of their UK sponsor for a minimum 6 month. The salary offered to the transferee must be in line with the UK market rate and the role be of a specialist or managerial nature.
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New Hires
If the prospective employee is not already in the UK as a work permit holder issued for a similar role, the UK company/sponsor will need to demonstrate that the role and the applicant qualify under the work permit scheme by providing evidence that:

1. The role requires someone with a degree or equivalent
2. The applicant possesses a degree or equivalent
3. There are no EEA resident workers willing and able to fill the role

To show that there are no EEA resident workers willing and available the employer/sponsor will have to advertise the role in line with Work Permits (UK)'s requirements. Depending on the role, the advertisement can be placed in a national broadsheet newspaper or on a suitable website.

The advertisement usually needs to give details of:

• The name of the employer
• The post/position
• The location
• Qualifications and experience necessary
• Indication of salary or salary range
• The name of the employer
• The closing date

The advertisement needs to be open for a minimum period of 28 days. If advertised on the internet, the advert should remain posted for at least a week.

All responses received will need to be assessed. If after the 28 day period the employer is unable to find a suitable resident worker to fill the role, an application can be filed with the authorities. Do note that the employer will be expected to provide reasons for rejecting each of the resident workers who applied for the role.

The authorities will require a copy of the advertisement in its original form. If advertised on the internet, the authorities will want to see a print of the advert on the day it was posted and another print of it 7 days later.

Lateral Hires
(applicant already working in the UK under the auspices of a work permit which was issued for a similar role)
When an applicant is already working in the UK under the auspices of a work permit holder; that the role offered to him is similar to the one for which his current work permit was granted, and providing that the application for the new work permit is submitted within 28 days of the applicant leaving his/her former post, the requirement to advertise will not normally apply.

A lateral hire can commence his employment with his new employer as soon as the employment approval letter has been issued (usually within 10 to 15 working days).

Once the employment approval letter has been issued, the applicant will also be required to apply for further leave to remain to have his passport endorsed in line with his new work permit.

THE PROCESS
The employer / sponsor will be required to fill an application with Work Permits (UK) in Sheffield.

Applicants already in the UK / Applicants abroad
If the applicant is already in the UK in the immigration category allowing him to switch, then once the work permit approval has been issued, he will be able to start his employment. The applicant will then be required to file an application for further leave to remain so that his passport can be endorsed in line with his new work permit.

Applicants who are abroad
As a general rule once the work permit has been granted it has to be sent to the applicant abroad. The applicant will then be required to apply for entry clearance (ie a visa) at the British Embassy or Consulate in his country of usual residence.

Entry clearance processing time will vary depending on where the application is filed. However, for certain nationalities, particularly Russians and Chinese, entry clearance involves additional security checks which can take up to 6 weeks to be finalised.

TIPS ON WORK PERMIT PROCESSING

• Employer should ensure that when applying under Tier 2 and asked to demonstrate that the resident labour market has been tested, they provide Work Permits (UK) with reasons for not employing the resident workers who applied for the role. Work Permits (UK) have recently adopted a stricter approach and have at time requested a copy of the applicants' resume and a detailed explanation for rejecting each of the resident workers who have applied for the role;
• For lateral hire (ie a worker who is already in the UK as a work permit holder doing a similar job), employer should check if the applicant's initially came to the UK as an intra company transferee. If this is the case, copy of the applicant's qualifications should be submitted and along with work references if appropriate;
• Urgent applications can be faxed. However please note that employers will still need to sign the employer declaration form and send it to Work Permits (UK). In our experience a permit will not be issued until the form has reached the authorities.
• Applications paid by credit card seem to be dealt with by the payment team faster.
• Employer should double check that the applicant's name is entered correctly on the form and that the date of birth and passport number are accurate. If there is a mistake, the work permit will have to be re-issued. Work Permits (UK) will in most cases expect you to fill a brand new application and pay the fees again.
  
  For further information please do not hesitate to contact us.