UK work permits - Basic Information

There are a number of Immigration categories in the UK that are collectively known as work permits. UK work permit applications can only ever be made (or signed) by a UK employer. The work permit schemes are administered by The Border and Immigration Agency, a division of the Immigration and Nationality Directorate, in turn a part of the UK Home Office.

Business and Commercial Work Permits

The basic idea behind the issue of work permits, in nearly all cases, is that UK employers should be able to recruit from overseas where and if it is not possible for them to recruit a suitable resident worker. On the one hand The Border and Immigration Agency exists in order to "serve business needs" (allowing work permits to be issued where and if one is truly needed by a UK employer, and only according to strict criteria). The other function of The Border and Immigration Agency is to safeguard jobs for resident workers, and therefore they must avoid issuing work permits where it should not be necessary (i.e. where a resident worker would be available to carry out the work). The main ("business and commercial") work permit scheme has a number of strict requirements including a skills threshold, and a requirement, in most circumstances, for the employer to demonstrate that a resident worker could not be found to fill the post.

These common applications are known as "tier 2" applications. There are also a number of "tier 1" categories where, in set circumstances, there is no requirement for the employer to demonstrate that they have tried to recruit a resident worker (because to do so would be a recognised as a futile exercise or not realistic for some particular reason). Such instances and reasons include cases such as "shortage occupation" (e.g. doctors, nurses, teachers etc) applications, Intra Company Transfers, Board Level Posts, Inward Investment, Change of employment (where the individual already holds a work permit for similar post gained through another employer).

Training and Work Experience Scheme - TWES visas / work permits

The Training and Work Experience Scheme (TWES) differs fundamentally from other work permits, in that it is not issued by The Border and Immigration Agency in order to help a UK employer to fill a specific vacancy. A TWES "work permit" is issued instead for the benefit of the individual and only ever issued where a "supernumerary employee" will be undertaking either training (towards a professional qualification), or benefiting from work experience as a person in addition to the normal staffing requirements of the UK business.

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. The work permit schemes are only a small fraction of these. Permission to work can result from a number of different forms of leave to enter or remain in the UK, whereas the term "work permit" refers only to a specific document, and an associated immigration category which should, and does normally, follow on from this. A work permit is something that is employer-sponsored and employment-specific.

However, a work permit is, in itself, simply confirmation from one branch of the Home Office (The Border and Immigration Agency) that an application has been approved against the relevant work permit criteria. A work permit does not in itself allow a person to enter or remain in the UK, or to work in the UK. For this, a valid "visa" must also be issued in relation to the work permit. Essentially, obtaining a work permit is a two-stage process.

Initially, the work permit application is considered and approved. Afterwards, the individual must apply for, and obtain, leave to enter or remain in the UK based on the work permit. This is known as obtaining a visa. If the individual is outside of the UK when the work permit is applied for and obtained, then he or she must apply for entry clearance at his or her local British Diplomatic Post. If the work permit application was submitted while the person was in the UK, then an application for Further Leave to Remain must be submitted and approved before the work permit becomes "live" or valid. It is possible to switch to work permit immigration status only from a small number of other types of visas. For example, a visitor may not switch to work permit status, and nor may a dependent, or a student who has not graduated with a degree during his or her stay. In instances such as this, an "out of country" work permit application would be necessary if a person wants to obtain the immigration status of a work permit holder.

HSMP - Highly Skilled Migrant Programme

The Highly Skilled Migrant Programme is fundamentally different to all categories of work permit, in that it is not employment-specific and is not employer driven. The HSMP allows 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.

Individuals must qualify with a minimum of 75 points, as well as showing that they meet a number of other basic criteria. Points are awarded for age (with those under 28 scoring the most points under this section), UK experience, achievements and previous performance in areas including qualifications, and previous earnings.

Our Services

We have fine-tuned and geared our procedures towards providing a strictly defined set of services. We follow a step-by-step plan for each and every application we undertake. This means that our clients benefit from our speed, efficiency and attention to detail, always doing the right things in the right order. Our aim is to ensure that the burden is taken out of the hands of our clients as much as possible, and that it 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.

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