Immigration
Common Immigration Issues: Work permits, work visas and “permission to work”
There are many UK immigration categories (or types of “visa”) that carry with them, or include, the right to work in the UK, either for a limited or unlimited number of hours, and for a limited or unlimited duration. These are sometimes wrongly referred to as “work permits” or “work visas”. The work permit arrangements were in place until tier 2 of the Points Based System was launched in late November 2008. Under those old arrangements a work permit was completely employment-specific and the application process was employer-driven. As of November 2008 work permits technically no longer exist, but their purpose is now met by Tier 2 of the Points Based System, where a person’s permission is, again, linked to a partcular role with a particular employer. The matter can be confusing, not least because employers will sometimes ask a person for proof of a “valid work permit” when they really mean “permission to work”. Some options do exist, within and outside of the Points Based System, that allow a person to obtain permission to work, independently of any employer, but these cannot correctly be referred to as “work permits”. Because work permits themselves have been phased out, it is necessary to start thinking about things based on the simple distinction of having a visa (leave to remain or leave to enter) which allows permission to work.
A visa issued under the Post Study Work sub-category of Tier 1 (Points Based System) will give a person permission to work, actually more freely than they could have done on a work permit previously, (or a Tier 2 visa now). The Tier 1 (General) will also provide an individual the same sort of permission to work freely, but for a longer period. A visa under Tier 2 will be employment-specific, and employer driven.
Two stage applications
With the introduction of the Points Based System, there are moves towards a single application process for all types of work-related immigration categories. Whilst it was the case that work permit applications were made in two stages; first the application for a work permit itself and secondly the application for a visa based on that work permit, under Tier 2 of the Points Based System, much like the other tiers, there has been a move towards a single stage application. Employers will issue a Certificate of Sponsorship to individuals who will then need to apply for a ‘leave to enter’ or ‘leave to remain’ visa based upon that Certificate of Sponsorship. Whilst it may seem that this system is very similar to the old work permit system, the critical difference is that employers do not need to make an application to the UK Border Agency in order to issue certificates of sponsorship (other than the initial licence application). Instead when an employer issues certificates of sponsorship, the Border Agency are assuming that the conditions for sponsoring a migrant have been met. This compliance can be checked by the Home Office at any time during the life of the sponsor’s licence, and thus a great deal more responsibility is placed upon the employer to do things correctly.
Switching Rules
There are rules in place concerning switching (moving from one immigration category to another while inside the UK). It is simply not possible to change from certain categories to certain other categories from within the UK. Due to this it is sometimes necessary for the migrant to leave the UK and applying for a ‘leave to enter’ visa at the British Diplomatic Post in the country where they are normally resident. Usually these rules are based upon the purpose for which the migrant has been granted a visa. If an applicant intends to switch from a work based category to another work based category, this can often be done without leaving the country. However if an applicant intends to switch from a visit category to a work based category for example, this will generally involve leaving the UK and applying for ‘leave to enter’ as described above.
If you are unsure as to whether you may switch immigration categories without leaving the UK, please contact us.
Dependents
For almost all work related immigration categories, applicants are allowed to bring their dependents to the UK. The term ‘dependents’ normally covers the partner (married, unmarried or same sex partner) and any children of the main applicant. Children aged 18 or over would have to normally establish that they are unmarried and dependent on the main applicant.
Following a free initial assessment, we offer comprehensive advice on all of the application types referred to on this website. For help or advice regarding any application, please visit the relevant pages on our site, take the relevant assessment, or contact us.
Contact us directly to discuss any specific questions or to speak to one of our expert consultants to discuss the options relevant to you.
