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| Fri, 22/8/2008 | ||
The UK work permit scheme is the major route by which the UK Government encourages the inward migration of skilled workers, in order to address UK skills constraints. It is also a very popular way for overseas citizens to gain valuable international work experience in the UK.
Please note that the Work Permit Scheme will be replaced by the new Tier 2 of the Points Based Immigration System by the British Autumn of 2008. Please find out more about Tier 2 at the end of this section on Work Permits.
How do I qualify for the Work Permit?
Applications for Work Permits have to be lodged by the prospective UK employer, and not by the prospective employee. In order to obtain a Work Permit the following is required:
Work Permits applications fall into two categories:
Tier 1 applications:
These are Work Permit applications where the United Kingdom employer is not required to carry out a Resident Labour Test prior to applying for the work permit.
Instances of this kind of application are:
The Shortage Occupations List is updated regularly but currently includes positions within the following categories:
2. Tier II Positions:
For Work Permit applications for positions which do not fall within Tier I, it will be necessary for the UK employer to carry out an acceptable UK Resident Labour Test before the Work Permit can be applied for.
How do I apply and do I need entry clearance?
Your prospective employer must apply at Work Permits UK for you, and must first advertise the job to ensure that no UK or EU residents can fill it, unless it is a Tier I position.
Once the work permit has been obtained, you need to apply for entry clearance before travelling to the UK on a work permit, which is valid for six months or more. You do not need entry clearance for a work permit which is valid for less than six months.
You can also apply for a work permit from within the UK, note that certain conditions apply.
Breytenbachs has a department dedicated to assist employees and employers with arranging work permits and would be able to assist you to make the process speedy and hassle free.
Some Rules and Restrictions on a Holder of a UK Work Permit:
Does this visa lead to indefinite leave to remain?
Yes, at the end of successful completion of a five-year period on a work permit, you will qualify to apply for indefinite leave to remain
Work Permit Scheme to be replaced by Tier 2 of Points-Based Immigration System
Over the past couple of months Breytenbachs has been reporting on how the current immigration system is systematically being replaced by a new points based immigration system. This overhaul of the immigration system will have a mayor impact on the lives of the many South Africans in the UK and those contemplating living and working in the UK.
One of the most popular ways for South Africans to work in the UK is via the well-known work permit scheme. This scheme will be replaced in the Autumn by the new Tier 2. In order to provide some insight of what can be expected from the new Tier 2, Breytenbachs has compiled a short guideline on what is currently known.
Background
The new points-based system will consist of five Tiers, which roughly correlate with current visas such as the HSMP, business and investor visas, work permits, specific low-skilled worker schemes, student visas, two-year working holidays etc. It will thus still be possible for people who want to work or study in the UK to do so, as long as they can meet the required points in the category they wish to apply for.
The current work permit scheme will be replaced by Tier 2.
Sponsorship Licences
Under the new Tier 2, an employer would first need a licence from the UK Border Agency in order to employ citizens from outside the European Economic Area, who would require work permits. Licensed sponsors will indicate the migrants they wish the UK Government to admit by issuing them with a Certificate of Sponsorship under certain specific circumstances. However, this Certificate of Sponsorship does not guarantee that entry clearance will be issued to the applicant. As a condition of keeping their sponsorship licence, employers will need to alert the UK Home Office if migrants do not comply with their immigration conditions, such as not turning up for their job or disappearing. Failure to comply with this requirement could result in the sponsor losing its licence.
The application process for a Licence is complicated, and involves ultimately an on-line application followed up by presentation of the appropriate documentation. Breytenbachs will advise and assist clients in relation to their applications for Licences, and if required will represent employers in their dealings with the Border & Immigration Agency in relation to the issue of Sponsorship Certificates. Employer clients, wishing to apply for sponsorship licences, should get in touch with Breytenbachs without delay, as the application might be quite complicated.
At present it seems that existing work permit holders will continue to be employed under the terms of the current work permit arrangements. However, the information being published by the Home Office contains ambiguities and contradictions and we will not know for certain about this issue until the full transitional provisions for existing work permit holders are published.
Breytenbachs advises UK employers who wishes to employ future work permit holders to get in touch with Breytenbachs in order to get the application process starting.
When will it be implemented?
According to the Government’s Statement of Intent on the issue, Tier 2 will begin to be implemented in the autumn of 2008.
How does one qualify for Tier 2?
An applicant wanting to come to work in the UK under this tier will need to have obtained a Certificate of Sponsorship and show that he/she has at least 70 points to qualify under the criteria for this scheme – see table below. The points will include points related to the Certificate of Sponsorship, which will be issued to them by the prospective UK employer to fill a qualifying job. Two control tests are included as well, namely;
|
Section |
Certificate of Sponsorship |
|
Qualifications |
|
Prospective Earnings |
|
|
A |
Job offer in shortage occupation |
50 |
No qualifications |
0 |
£17,000 - 19,999 |
5 |
|
|
|
|
|
|
|
|
|
|
Offer of job that passes |
30 |
NVQ3 |
5 |
£20,000 - 21,999 |
10 |
|
|
Resident Labour Market Test |
|
|
|
|
|
|
|
|
|
Bachelors/Masters |
10 |
£22,000 - 23,999 |
15 |
|
|
Intra Company Transfer |
30 |
|
|
|
|
|
|
|
|
PhD |
15 |
£24,000 + |
20 |
|
|
|
|
|
|
|
|
|
B |
Maintenance Requirement |
|
|
|
|
10 |
|
|
|
|
|
|
|
|
|
C |
Competence in English |
|
|
|
|
10 |
Having obtained this Certificate of Sponsorship, applicants will then apply for entry clearance from the British High commission or Consulate in their home countries.
Transitional Provisions
Transitional provisions will be put in place for persons whose leave to stay under the current work permit scheme expires after the Skilled Migrant Tier (Tier 2) comes into force. These provisions have not yet been finalised. However, the employer will need to obtain a licence from the Border & Immigration Agency to continue employing such a person.
In cases where a person whose leave to stay under the current work permit scheme expires before the Skilled Migrant Tier (Tier 2) comes into force, it will be possible to seek an extension of stay under the current work permit arrangements in the normal way. Such a person and employer will thus not be affected by the implementation of the new Skilled Migrant Tier 2.
The way forward
Breytenbachs will inform its clients via its monthly newsletter on any developments in the new points based system. We also advise clients who want to apply for a permit or visa under the current immigration rules to do so, sooner rather than later, as it might be more difficult to qualify under the future criteria.
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