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What is a work permit?
A work permit is a document issued to an employer which allows the employer to employ a person from outside the European Economic Area. It is not the same as a visa or entry clearance. Work permits are usually issued for a four-year period.
Work permits can be divided into two categories:
- Permits applied for on an individual basis to meet a commercial need
- Permits applied for as part of theĀ worker scheme, to meet an economic and social need for shortage occupations
The current shortage occupations can be found on the Work Permits UK website.
What nationalities are eligible?
All EU and EEA citizens are entitled to live and work in the UK so they need not apply for a permit. A citizen of any other country is eligible.
How do I apply for a work permit?
An individual cannot apply to the Government for a work permit. The employer must apply on behalf of a person.
How do I acquire a work permit, in that case?
As it says above, the employer must apply for a work permit. The employer would normally have to demonstrate that there is no suitably qualified person inside the EU before a work permit will be issued, which requires the employer to advertise across Europe.
However, this requirement is not applied for shortage occupation work permit applications and experience shows that Work Permits UK takes a realistic and practical approach to well-argued work permit applications that are clearly based on a commercial need. The Europe-wide requirement is not strictly applied in practice.
The policy behind work permits is striking a balance between enabling employers to recruit or transfer skilled people from abroad and protecting job opportunities for resident workers.
If I have a work permit, am I automatically entitled to enter the UK?
A work permit is not the same as entry clearance. Once a work permit has been issued, the bearer must apply for entry clearance or, if already in the UK, leave to remain. Usually it is routine for entry clearance or leave to remain to be granted, but in some cases the Entry Clearance Officer or Home Office will refuse. For example, if an overstayer or illegal entrant acquires a work permit in the UK, the Home Office will often refuse to regularise their status by granting leave to remain.
Can I switch status to a work permit holder inside the UK?
It is possible to switch status to a work permit holder from both student status (if studying at degree level) and for Working Holiday-Makers, as of 25 August 2003 (or from 20 June 2003 for existing Working Holiday-Makers). Other immigration categories cannot switch to work permit holder.
What qualifications do I need to qualify for a work permit?
For normal work permits the minimum academic or vocational qualification is HND-level (Higher National Diploma). A degree exceeds the minimum qualification. The qualification should be in a field relevant to the employment sought.
For shortage occupations, the requirement for a minimum level of qualification is often relaxed, although other qualifications such as catering or language skills may be imposed.
Can a work permit be extended?
A permit is usually granted for a four-year period. It is possible to apply for an extension to five years if desired.
Can I settle in the UK after holding a work permit?
After five years, a work permit holder becomes eligible to apply for Indefinite Leave to Remain, i.e. settlement. An application will usually be granted.
Can my family join me in the UK?
Children under 18, spouses and unmarried partners are able to accompany or join a work permit holder in the UK. This is subject to the maintenance and accommodation requirements of the Immigration Rules being fulfilled. All family members are able to take up employment without obtaining prior approval from any government department.
New Developments
The rules, concessions and guidelines on work permits are constantly changing. |