- Do you need a Work Permit?
- Visiting the UK to seek Employment
- UK Work Permit Applications
- UK Work Permit Requirements
- Special Category UK Work Permits
- UK Work Permit Validity & Renewal
- Applying through DJ Webb & Co.
- Work Permit Assessment Service
- Contacting our Work Permit Specialists
- Accompanying Family
- UK Training Permits & Work Experience
- Work for other Law Firms
DO YOU NEED A WORK PERMIT?All foreign nationals require a Work Permit except
EEA/EU NATIONALS – Citizens of Austria, Belgium, Denmark, Ireland, Finland, France, Germany, Greece, Iceland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden and the United Kingdom.
CITIZENS OF GIBRALTAR
YOUNG COMMONWEALTH CITIZENS – Commonwealth citizens intending to undertake temporary work in the UK as working holidaymakers may apply to come to the UK if they:
- are aged 17-27, unmarried or married to another eligible person
- have sufficient means to pay for their onward journey
- intend to take employment incidental to a holiday but not to engage in business or pursue a career.
Leave to remain in the UK can be granted for a period of up to two years.
Guidelines have been issued stating that a person should not intend to work for more than half of the two-year period.
EU ASSOCIATION AGREEMENT - Nationals of Hungary, Poland, Bulgaria, the Czech Republic, Romania or Slovakia who wish to set up any type of business or work as self-employed.
A number of East European countries, including Romania, Bulgaria, The Czech Republic, Slovakia, Estonia and Latvia have signed "Association Agreements" with the European Union which permits citizens of those countries to enter the United Kingdom and manage undertakings on a self-employed basis.
This can be done either as a sole-trader, in partnership or through means of a limited company.
A comprehensive business plan must be prepared to persuade the immigration authorities that the business is viable. This must include a narrative description of the business, including the results of any market research, and a projected profit and loss account for at least the first 12 months.
The immigration authorities will need to be satisfied that the applicant will have sufficient revenue from his or her business to maintain and accommodate themselves and any dependants without recourse to public funds.
The Association Agreements have formed the basis of considerable legal debate. At present a number of cases have been referred to the European Court of Justice on the issue of whether nationals from these countries have a directly effective right of establishment in European Law regardless of the British Immigration Rules. Judgment is expected next year.
VISITING THE UK TO SEEK EMPLOYMENT?
An offer of employment must exist before a work permit application can be made.
Individuals travelling to the UK to seek employment or to attend a job interview should take care when applying for a visa or entering the UK.
UK immigration rules state that a person visiting the UK for a short period must not intend to take employment or to produce goods or to provide services within the UK.
A distinction must be drawn between attending an interview and seeking employment, and ‘taking employment’. There is no problem applying for a visa or entering the UK to seek employment, so long as the person does not ‘intend to take employment’ whilst in the UK.
Care must be taken to convince officials upon application and upon entry that the person does not intend to take employment whilst in the UK and intends to return within 6 months without taking employment.
UK
WORK PERMIT APPLICATIONS
Work Permit applications normally take from four to eight weeks to process,
depending on the type of permit and other factors.
It is the employer who applies for the work permit and not the employee. The work permit is granted to a particular employer and the employee cannot change employment in the UK without first applying for a fresh work permit.
The prospective employee should be outside the UK whilst the first application is being processed by the Overseas Labour Service.
The OLS will not issue a permit for an individual who Is already in the UK but will issue a recommendation instead to the Home Office Immigration and Nationality Directorate that the person be granted leave to remain as a work permit holder.
The Immigration Directorate are under no obligation to follow this recommendation.
With the current backlog of work at the Home Office applying while the employee is in the UK will inevitable cause delay. It is often better for the employee to travel abroad and obtain the requisite entry clearance before travelling back to the UK to obtain "leave to enter" as a work permit holder.
UK
WORK PERMIT REQUIREMENTS
The Immigration Rules delegate responsibility for the issue of work permits
to the Department for Education and Employment. The rules do not specify
what conditions have to be met but the Overseas Labour Service has its
own guidelines.
Although there are many detailed requirements, the two most important conditions are that
the job in question must be of a certain skill-level (normally defined as managerial, professional or senior technical position), and
the employer has tried to fill the position from the local labour force before deciding to hire an overseas national.
UK
WORK PERMIT ADVERTISING REQUIREMENTS
"Testing" of the domestic labour market by means of national
advertising is usually required to prove that acceptable candidates cannot
be sourced in the UK or EEA.
We have extensive experience in this field and can advise you about the minimum advertising requirement that is liable to be accepted for your particular case.
We can request that the advertising condition to be waived where we can show that, for example, the application is for an intra-company transfer at a senior level, or this is a post at board level (or equivalent) for which there is no suitable European Economic Area (EEA) candidate, or that this is a new post essential to a major investment project, etc.
SPECIAL CATEGORY UK WORK PERMITS
Special categories and requirements exist for:
- Intra-company transferees
- Board level or equivalent posts
- Posts involving new foreign investment in the UK
- Short supply occupations (currently some nurses, psychologists, occupational therapists, veterinary surgeon, physiotherapists, pharmacists, and actuaries)
- Keyworkers
- Special criteria for Specific Occupations (hotel and catering staff, sport persons, footballers, entertainers, models)
More information about 
UK
WORK PERMIT VALIDITY & RENEWAL
Work permits are often issued for an initial period of 12, 24 or 36 months
after which the employer must apply for an extension if they wish for
the individual to continue in the employment.
An extension application must state how long the person will be needed for and why. The employer may be required to explain why they have not recruited a resident worker to fill the position during the intervening period.
In an increasing number of cases our clients have been granted initial work permits for a 48-month period. Where an employee is recognised from the outset as being required in the long-term, this saves clients the inconvenience and effort of renewing permits
After four years an application for indefinite leave to remain can be made allowing the employee to remain in the UK without further renewals.
APPLYING
THROUGH DJ WEBB & CO.
There is a real benefit to preparing and submitting Work Permit applications
through DJ Webb.
The Overseas Labour Service guidelines controlling the issue of work permits are subject to interpretation and officials are allowed certain discretion in their consideration of applications.
Because we prepare and process a great many work permit applications and often make special representations on behalf of our clients, we can advise with confidence regarding what is likely to be acceptable to the OLS.
We provide clients with professional advice and decisive action based on up to the minute experience and practice.
WORK
PERMIT ASSESSMENT SERVICE
For a solicitor’s assessment of your proposed work permit application
send a request for assessment information to workpermitinfo@webbimmigration.com.
We will send you an assessment service e-form to complete.
Complete and return it to us and we will provide you with a solicitor’s assessment of your work permit application together with our quotation for the preparation and lodging of the application.
There is no charge for this confidential service.
CONTACTING
OUR WORK PERMIT SPECIALISTS
To contact our work permit specialists David Webb or Ben Sheldrick
E-mail workpermits@webbimmigration.com
Telephone +44 171 253 2400
Fax +44 171 253 2400
To receive an e-form for a free confidential work permit assessment send an e-mail request to workpermitinfo@webbimmigration.com.
ACCOMPANYING FAMILY
The spouse and dependent children under 18 are free to travel to the UK
with the work permit holder. There are no restrictions on their taking
employment or attending schools in the UK.
UK TRAINING PERMITS & WORK EXPERIENCE
Entry into the UK is possible for professional or occupational training
and for the purpose of gaining work experience
See our UK Training Permits & Work Experience page for details.
WORK FOR OTHER LAW FIRMS
DJ Webb is one of the UK’s leading firms of specialist immigration
solicitors.
In addition to working directly with clients in many countries, we are pleased to provide immigration services to law firms in the UK and abroad.
British and foreign law firms are invited to contact us to make arrangements for DJ Webb to process their immigration work.
Contact DJ Webb & Co. Immigration Solicitors.