UK work permits – basic information

Although the words “work permit” are often used loosely as a generic term meaning “permission to work”, the work permit scheme has now been replaced by Tier 2 of the points based system. Please see below for basic information about some of the main categories and programmes that might be referred to as “work permits” or “work visas”.

Tier 2 (A replacement for work permits)

Tier 2 of the new Points Based System covers skilled workers with a job offer from a UK employer, and has now replaced the old work permit arrangements.

The purpose of this tier is to fill skills gaps from within the UK labour force. The actual application for leave to enter or remain in the UK, as with the rest of the PBS, will be made by the individual. However, in order to score the required number of points under Tier 2, the applicant will require a Certificate of Sponsorship. A Certificate of Sponsorship under this tier can only be issued by an employer that has obtained the appropriate sponsor’s license, and maintained a place on the national Sponsors’ Register. In common with the work permit arrangements, approval under this tier will be based upon, and be conditional on, the individual continuing in the relevant role with the relevant employer.

Visas and Work visas

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 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”. There are schemes that can allow a person to obtain permission to work, independently of any employer, but many of these are not work permits.

A visa issued under the Post Study Work”visa” (Tier 1 (Post-Study Work) subcategory of the PBS) will give a person permission to work, and more freely than they could on a work permit. The Tier 1 (General) will give the same sort of permission to work freely, but for a longer period.

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, and so a great deal more responsibility is placed upon the employer.

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 without leaving the UK and applying for a ‘leave to enter’ visa at the British Diplomatic Post in the country where you are normally resident. Usually these rules are based upon the purpose for which you have 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.

Tier 1 (Post Study Work) and the International Graduate Scheme

There is a route available to those who have studied and graduated in the UK to remain in the UK and work for a period of up to two years, with permission to work freely for any employer or on a self-employed basis.

If an individual has graduated, or is due to graduate from, a UK university with a Bachelor’s degree, Master’s degree, PhD or a post-graduate certificate or diploma, they may be able to remain in the UK under the Post Study Work sub-category of the new Points Based System that has now replaced the International Graduates Scheme. The Post Study Work Scheme allows graduates to work in the UK for up to 24 months upon completion of their studies.

To be granted leave under the scheme applicants must have completed an approved course of study at a recognised or listed UK institution of Higher or Further Education within 1 year of the application being submitted. A relevant course is:

a Bachelor’s degree course;

a Master’s or PhD course;

a post graduate certificate or diploma;

a HND qualification from a recognised Scottish Institution (under the Post Study Work category).

The UK institution must be either a UK recognised or listed body, or it must appear on the list of sponsors under Tier 4 of the points based system (yet to be announced). A list of recognised or listed UK institutions of Higher or Further Education is available on the Department for Education and Skills website at www.dfes.gov.uk/recognisedukdegrees/

Tier 1 (General) and the Highly Skilled Migrant Programme

The Tier 1 (General) Scheme is an established points based migration route for highly skilled (and high earning) individuals. Like the HSMP that Tier 1 (General) has replaced, an applicant can gain points in key areas including age, qualifications, earnings, and previous experience in the UK (working or studying). There is also a mandatory English Language test.

The Tier 1 (General) category is fundamentally different to work permits, now replaced by Tier 2 in that it is not employment-specific and is not employer-driven. These categories allow individuals to apply for leave to enter or remain in the UK for the purpose of working or engaging in business, without the need for a UK employer to “sponsor” the application.

There are a number of other immigration categories which provide a successful applicant with permission to work in the UK. Please follow the main menu to find more information on these. Users can also find more information on the new Points Based System, which is due to encompass all aspects of work related UK immigration during 2008.

Our Services

We have fine-tuned and geared our procedures towards providing a strictly defined set of services. We specialise in providing expert assistance with work-related UK immigration applications. We follow a step-by-step plan for each and every application we undertake. By doing the right things in the right order, our clients benefit from greater speed, efficiency, and all-important attention to detail. Our aim is to protect our clients from unnecessary “hassle” as much as possible and to ensure that each application takes up as little of our client’s time as possible.

Many of our existing business relationships have been formed due to our willingness to offer clear, reliable advice to those who need it. If you need help or advice on a potential application, please complete an assessment on the relevant application type as appropriate. Assessments for most types of application can be submitted online or returned to us by email, fax or post, for prompt, no-nonsense feedback.

If in doubt, feel free to contact us

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