UK Work Permits - Business and Commercial

A UK work permit is permission granted for an individual to undertake employment in the United Kingdom. UK Work Visas allow skilled migrants to bring desirable skills and experience to the British workforce. British companies can sponsor an overseas worker by applying for a UK work permit.

If you have a job offer from a UK employer or you are a UK employer that is preparing to make an offer of employment to a foreign national, an employer sponsored work permit will allow the employee to work for the sponsoring employer for up to five years at a time, and leads to UK residency.

With an employer sponsored permit, an employee can only work for the employer that sponsors the work permit.

Unlike certain types of visas, the rules surrounding a work permit are more stringent. The individual can only work for one employer in a field of employment that requires either a degree or a minimum level of experience. Part-time work for another employer, to supplement the sponsored work is allowed. There are circumstances for changing employers.

It is the employer who sponsors the work permit. A permit is granted for a particular employee. If you are an individual hoping to work in the UK, you cannot apply for a work permit without an employer who is willing to sponsor you. If you have a work permit for the UK, you can only change jobs once you have a new work permit for a new employer.

You will need to show that a candidate holds the necessary qualifications to perform the job, and has relevant experience, before the Work Permit application will be approved. A candidate may need either:

• 3 years of senior experience in a specialised area that is relavant to the job on offer
• 3 years of experience at a minimum of NVQ level 3 in an area that is relevant to the job on offer
• 1 year of experience in an area that is relevant to the job and a general HND level qualification
• a qualification that is equivalent to a UK degree

Work permit types

This section covers the most common type, known as the Business & Commercial work permit. Business & Commercial work permits are divided into the Tier 1 & Tier 2 work permits. The Business & Commercial Work Permit is one that enables UK based employers to recruit people from outside the European Economic Area (EEA). Mulberry Finch is more than happy to help you work out which category of permit you will be eligible for.

If I leave my job, do I have to leave the UK?

If you find that you are out of work suddenly, you have 28 days to find a new employer and submit an application to transfer your work permit to the new employer. We may be able to transfer your work permit even if more than 28 days have passed, depending on your circumstances.

If you do not find a new employer within 28 days of leaving your initial sponsor, then you must leave the UK. If you stay, you will be considered to have broken the conditions of your work permit, which state that you can stay in the UK on the condition that you remain in the employment of the Work Permit sponsor.

Although the stamp in your passport may give the impression that it will not expiry for months or years, it is only valid while you are in employment at the company that obtained your work permit.

Can I switch my current visa to a work permit while I am in the UK?

Only overseas nationals in the following categories are allowed to switch to a work permit from within the UK:

• students who have successfully graduated on a degree course
• postgraduate doctors or dentists or trainee general practitioners
• student nurses
• Working Holiday Visa holders who are switching to shortage occupations

What happens if I can't switch from my current visa from within the UK?

Mulberry Finch will lodge the work permit application on behalf of the employer once you have left the UK and as soon as the work permit application is ready. Once the application has been submitted, it usually takes approximately 10 days for the application to be approved. As soon as the work permit application is approved, Mulberry Finch will send you the approved work permit. You must then return to your home country and submit an entry clearance application at the British Embassy in your home country. Once entry clearance has been granted you can return to the UK and resume or start working. We also compile the entry clearance visa application in addition to the work permit application, as our familiarity with and dedication to your case will help fast track the process.

How long does the application process take?

Work permits can be issued in a matter of days. The time taken to process a work permit can vary depending on the work permit candidate, the employer of the work permit candidate and the employment details. Overall the time taken to process a work permit application depends on the timeliness of the required work permit documentation being sent to us. A Mulberry Finch lawyer can advise you of the latest work permit processing timeframe.

Do I need a job before I can apply?

A job offer is required before a work permit application is submitted. The UK employer offering the position must apply for the work permit, not the candidate.

Can I work while I am waiting for the approval?

A candidate's current visa will determine whether they can work during the processing of a work permit application. Contact a Mulberry Finch lawyer to discuss the conditions of your current visa.

Spouses & dependants rights

Education

The children of persons entering the UK as work permit holders are entitled to the same free education as British children. Alternatively, the candidate may choose to send their children to a private school if they choose.

Health care

This will depend on the length of the candidate's permit. If a person enters the UK on a work permit for less than six months, neither they nor their families will usually be covered by the National Health Service (NHS). They are not required to take out private health insurance, but it is wise to do so. Where a work permit holder is in the UK on a work permit lasting more than 6 months , they and their family here as their dependants are eligible to free health care provided by the NHS.

Do I need a lawyer?

It is important to make a Work Permit application correctly the first time. Although it is always inconvenient when any immigration application is rejected, it is particularly difficult to have a negative decision on a Work Permit application reversed.

We know how important it is to get your application approved, so here at Mulberry Finch, an experienced lawyer will make the application on your behalf from start to success. Our full service includes complete advice on advertising, company records, and employee qualification requirements. Contact us now to proceed.