General Agreement on Trade in Services (GATS)

The General Agreement on Trade and Services allows those who are employed by companies based outside the European Union to take up work in the United Kingdom on a service contract which is given to their employer by a UK-based organisation.

This agreement allows people who work for companies outside the European Union to work in the United Kingdom on a service contract that is given to their employer by a UK based organisation. The purpose of this is to allow access to UK service contracts by companies not based in the EU who employ people with a high level of professional skills whose entry into the UK would otherwise be restricted by visa and work permit requirements. The GATS agreement is only applicable to countries who are members of the World Trade Organisation (WTO) and who have signed up to the agreement.

Criteria

The following requirements need to be fulfilled for a successful GATS application:

1. The service contract issued must not exceed 3 months
2. Under this agreement, the person will not be allowed to stay in the UK for more than 3 months in any 12 month period
3. The service provided must come within one of the service sectors listed below
4. The person must have all the appropriate qualifications and experience
5. The person must have been employed by you for 12 months as a formal employee with a salary
6. This particular agreement is not available to people who are self employed or to employment agencies or similar organisations who do not formally employ workers but simply supply or hire them out
7. It is necessary that the contract be awarded through any procedure provided it guarantees the bona fide nature of the contract

In addition to these requirements, permission for employment in the UK is issued on the condition that the person applying, plans to leave the UK as soon as the work on the service contract if finished or the 3 month maximum period per year has been reached.

Service sectors, occupations or industries for which GATS work permits can be issued

People working in the following sectors are eligible for permits issued for work on service contracts:

1. Legal services
2. Accountancy services
3. Book-keeping services
4. Taxation advisory services
5. Architectural services, urban planning and landscape architectural services
6. Engineering services*
7. Integrated engineering services*
8. Advertising*
9. Management consulting services*
10. Services relating to management consulting*
11. Technical testing and analysis services*
12. Translation services*
13. Site investigation services*

It is not possible for GATS work permits to be issued for occupations or professions that fall outside these sectors. For those applying in sectors marked* it will be necessary to provide documents that prove the service contract has fulfilled the requirements of an 'economic needs test' which basically means that the UK contractor has been able to justify the need to grant the contract to an organisation outside the EU.

Skills, qualifications and experience criteria

In order qualify for a GATS work permit, it is expected that the person(s) who will work on the contract must satisfy the following:

1. They must have a recognised degree level qualification; and
2. Professional qualifications; and
3. Three years professional experience in the sector. The last 12 months of this period must have been as a formal employee of the company which has been granted the service contract

There are some services which are exceptions:

1. Advertising and translation services require relevant qualification and three years professional experience;
2. Any services concerning management consulting requires an university degree or technical qualifications which prove technical knowledge in addition to three years professional experience;
3. Managers and senior consultants require a university degree in addition to three years professional experience

For all of the above mentioned exceptions, the last 12 months of employment must have been with the one employer as a salaried employee.

Entry Clearance

In some cases, you may need an entry visa for the UK in addition to a work permit. If a person needs a visa, they must apply for it within 6 months from the date of issue of the work permit. Work permits are valid for 6 months from the date they are issued. It is important to note that the issue of a work permit does not necessarily guarantee the issue of a visa or entry to the United Kingdom.

Dependants

A dependant of someone with a GATS work permit may be admitted to the UK. The term dependant includes spouse, civil partner, unmarried partner, same-sex partner and children under the age of 18.

Switching

A person may switch from the GATS arrangement into other work permit employment.

What if I want my employee to transfer to another contract whilst in the UK?

The GATS agreement enables a person to change to another contract either with the same UK contractor or a different one. It is important to know that this agreement will not allow the person to stay in the UK for longer than the specified 3 months a year. If this is the case, you will need to provide the following:

1. A letter providing the new details such as location and length on contract
2. A copy of the new contract that must be signed by both parties and indicate a start and end date

If the employee is required to work on a new contract with a different UK contractor, you will need to provide the following:

1. A new application form
2. A copy of the new contract which needs to be signed by both parties and must show a start and end date

For how long can I have a work permit?

Under this particular agreement the contract is limited to a maximum period of three months per year. There are no allowances for extensions that will extend the contract beyond the 3 month period. If the work is not finished by the three month period, your employee must leave the UK and according to the GATS agreement, will not be allowed to return to the UK for a further 12 months.

The employee will only be permitted to remain in the UK while they are working on the service contract and must leave once the contract is finished.