A Guide To:  Work Permits

The UK work permit scheme is a measure designed to prevent non-European Union workers competing against the resident labour force. In general, a Work Permit will not be granted to allow a foreign worker to take a job that could be carried out by a resident of the European Union.

The following rules apply:

• Individuals cannot apply for a permit to allow them to work in the UK. Work Permits must be applied for by the employer, who must demonstrate the need to recruit from outside the resident labour market.
• Work Permits will not be granted for manual, craft, or secretarial level jobs, neither will they be granted for domestic staff.
• In general the job should be one that requires at least two years post-qualification work experience, in addition to a degree or degree-level professional or technical qualification.  However, “keyworkers” without such qualifications but with high-level technical skills may be employed on a temporary basis while they train an EU resident.
• Work Permits will not be granted unless the employer intends to pay at least the market rate for the job. Further, Work Permits will seldom be granted for positions with an annual remuneration of less than £20,000.
• It is usual for the spouse of a Work Permit holder to be automatically granted leave to take up employment. Such leave is not job-specific, which means that the spouse, unlike the Work Permit holder, may change jobs without an application to the Department of Employment.

DIFFERENT TYPES OF WORK PERMIT APPLICATIONS

Work Permit applications fall into two categories:

1.   Fast Track Work Permit Application
While the government is keen to avoid overseas workers competing with the resident labour market, they realise that the absence of important high level staff can adversely affect the competitiveness of UK resident employers. In a situation where the employer meets at least one of the following conditions, it may be possible for a Work Permit to be arranged in a couple of weeks.

•  Where the position commands a salary in excess of £50,000 per annum and is at board level “or equivalent”.
• Where the position is linked to inward investment of more than £250,000 in the UK.
• Where the position is a senior one being filled by a high level employee of a foreign branch of the company, or of a related company. Also, in certain cases of transfers for the purposes of career development.

While the company needs to carefully explain why it’s necessary to recruit someone from outside of the resident labour market, it is not usually necessary to advertise the appointment before applying for the Work Permit.

Fast track applications often result in the granting of a Work Permit lasting 4 years. After 4 years in the UK as a Work Permit holder, individuals are able to apply for “indefinite leave to remain” – i.e. permanent residence.

2.   Standard Work Permit Applications

Where candidates meet the general requirements set out earlier in the guide but do not fall into any of the categories to use the fast track process, the application may be considered to be a standard Work Permit application. In this case the Department of Employment can be expected to take 4 – 6 weeks to process it.

The following rules typically apply:

• Permits will only be granted where an employer can show that they have gone to all reasonable lengths, including advertising the post to recruit an EU resident.
• Advertising should at least be placed in specialist publications (the relevant trade press, which should be available through the EU) or in the national press. Once the advertisement has been placed, the company should allow four weeks to gauge the response of the domestic labour market.
• The Overseas Labour Service officially states that it requires references be provided on original headed writing paper. It is occasionally possible to persuade them to accept copies of references, but there is always a risk when using copies that there will be a request to see the originals. When this occurs the applications is delayed, so it’s best to provide originals at the outset wherever possible.

When the initial application is made, it is unlikely that the Department of Employment will grant a permit for four years. However, when the Work Permit runs out, it is usually possible to extend it until the holder has been working in the UK for four years and can apply for “indefinite leave to remain” – i.e. permanent residence.

Further information can be obtained from:

Department of Employment - +44 (0) 1142 739 190