Sector Based Scheme (SBS) Work Permits

On 7 February 2005, it was announced that the Sectors Based Scheme would gradually be phased out. It was agreed that the SBS arrangements would only operate until 31 December 2006. However, the SBS arrangement will continue to be applicable to Bulgarian and Romanian nationals now that those countries have joined the European Union on 1 January 2007. The Sectors Based Scheme for Bulgarian and Romanian nationals will continue to operate in the food manufacturing sector.

The scheme only covers jobs within a specific sector which have been recognised as difficult to fill within the UK. If you would like further information and personal advice on Sector Based Scheme (SBS) Work Permits, please complete the immigration query form.

When the SBS was introduced, it allowed employers in the UK to recruit workers from outside the EEA in order to fill positions that were unable to be filled with resident workers. If these permit holders are still employed in the UK, they are still entitled to their rights to get an extension and change their employment within the original rules of the SBS.

Basic requirements

There are basic requirements that need to be fulfilled in order to qualify under the scheme. They are as follows:

1. You must be between 18 and 30 years of age
2. It is only a temporary work permit and can only be issued for a maximum period of 12 months
3. The sector based scheme is currently only applicable to the food manufacturing industry
4. The employer must be able to prove that there is a genuine shortage of people in the UK to take up these positions and will normally need to advertise to prove this
5. You are entitled to change your employer as long as the new employer satisfies the criteria to get a new work permit
6. You will not be permitted to bring a spouse or dependants with you to the UK
7. If you would like to return to the UK under the same scheme after you have completed the 12 months, you will need to be outside the UK for two months before you reapply
8. The amount of time you spend in the UK under this scheme will not be counted towards gaining permanent residence in the UK.

The type of work is low skilled and jobs are only offered in the food manufacturing industries (meat and fish processing and mushroom production only). The following jobs in food manufacturing can have a work permit issued for them:

• Animal gut remover
• Fish filleters, packers or process operatives 
• Lairageman 
• Meat bone breaker or extractor 
• Meat cold store operative 
• Meat cutter, packer or slaughter person 
• Meat process operatives 
• Mushroom processor
• Trimmer

Other work allowed

People who hold a work permit are only permitted to work for a specific employer in a specific position unless they have been given permission from the Home Office to change any aspect of it. It is possible for a work permit holder to take up part time employment provided it adheres to the following requirements:

1. The work is outside their normal working hours
2. The work does not exceed 20 hours a week
3. The work must be within the same industrial sector for which the initial SBS permit was issued
4. The work is not found through the offices of a recruitment agency or an employment agency

Work that is not allowed

If you hold a SBS work permit you are not permitted to be self-employed, set up a business or join another business as a director or partner without requesting permission from the Home Office.

What are the work conditions like?

Once you have been issued with a work permit, it will indicate the hours and wages that you have agreed upon with your employer when the job was offered to you. Applicants should be paid the same wages and work under the same conditions as other employees in the same job. Wages must not be less than the National Minimum Wage. The law stipulates that the amount of hours you are permitted to work and the holiday leave that applicants are entitled to.

What are the requirements to qualify?

This scheme is suitable for all non-European nationals who are between the ages of 18 and 30.

How long can I stay in the UK?

Under this scheme, you are entitled to apply for permission to take up employment for a period of 12 months. It is expected that you will leave the UK once you have completed the maximum 12 months. It is possible for you to lodge an application to return under this scheme once you have been outside the UK for a minimum of two months.

Can I stay in the UK for longer than the work permit states?

If there is still work for you to complete you are entitled to stay longer under the scheme, however, it cannot be for longer than 12 months. It will be necessary for the employer to apply for another work permit for you. In addition, you will need to apply in order to get permission to stay longer.

Is it possible to change employers in the UK?

When you are in the UK it is possible for you to change employers while your work permit is valid, however, you are still restricted to the 12 months allowed under the scheme. A requirement is that the new job be the same type of work that the applicant is doing at the time. In addition, the new employer will have to apply for the work permit on your behalf prior to you commencing work. You are not allowed to start working for the new employer until the work permit has been issued with a stamp in your passport, which confirms that you have the right to work for a new employer.  If an applicant leaves their job and cannot find different employment straight away, they must leave the UK as soon as possible.

Advertising requirements

From 1 May 2004, nationals of the new EU Accession Countries are entitled to work freely in the UK under the worker registration scheme. The following procedures are necessary in order to prove that you are unable to fill the positions from the UK labour market.

1. You must advertise the job at least 4 weeks in the 6 months before you apply for the sector based work permit
2. You must advertise the job through the Job Centre network
3. You must also advertise the job with the European Employment Service (EURES) network

If you do not fulfil the above requirements, it is likely that your application will be refused. If you do not satisfy the above requirements but you still feel that you should be issued with the work permit you must explain why your way of advertising is more effective in finding job applicants than those required above.

Change of status

It is not possible to change your status while you are in the UK to someone on the sector based work permit scheme. As soon as the work permit has been granted, you are required to apply for Entry Clearance at a British Embassy from outside the UK.

Documents to submit

For a work permit application

It is necessary for UK based employers to send a completed work permit application to the Home Office. We will prepare this and send it for you, and act as your representative. As a general guide, we may request the following documents from you, depending on your circumstances:

1. Accounts submitted to the Inland Revenue;
2. All the academic and work experience documents of the applicant 
3. Annual report; 
4. Certificate of Employers Liability; 
5. Copies of necessary registration documents (for example with the Local Health Authority); 
6. Fees (Check if fee is exempted) 
7. Hierarchy charts 
8. Invoices; 
9. Lease of premises and floor plan; 
10. Menus, Wine list (In case of hotel and catering establishments) 
11. NESI 8 - document from the Inland Revenue. 
12. P35 - Employers Annual Return to the Inland Revenue 
13. Proof of placement of a suitable Advertisement in Job centre plus and Eures website. 
14. Utility bills; and
15. VAT returns.

For a leave to remain application

As a general guide, we may request the following when preparing your application:

1. Copy of Work Permit Intimation letter
2. Original Passport of the main applicant
3. Original bank Statements for the last three months
4. Original Pay slips
5. Two pictures of the applicant

For a leave to enter application

As a general guide, we may request the following when preparing your application:

1. Original Passport
2. Original SBS Work Permit
3. Two pictures of the applicant