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Work Permits for the UK

If you are a non-EEA (European Economic Area) national and are offered a position of employment in the UK, the company that wishes to employ you is first required to apply for permission to do so - if they are successful you will be issued with a work permit.

Company Work Permit Requirements

The following criteria need to be met by the company that wishes to make this application.

• A company can make a work permit applications if they are a UK-based employer and need to employ a person to work in the UK.
• If a company wishes to employ a person, it will need to do so on a Class 1 National Insurance basis.
• While in the UK the Home Office expects the person to be the company's employee. There should be a contract of employment between employer and employee. The contract of employment can be requested at the time of your application.
• If the person is being transferred from an overseas parent or subsidiary branch of the company or is being seconded from an overseas company, it may be appropriate for the overseas contract of employment to continue; however, it must be clear that there is an employer/employee relationship between the UK based company and the person.
• There must be a genuine vacancy. The post must not have been created for the purpose of recruiting a particular person. The Home Office must be satisfied that enough work exists for the person to undertake for the amount of hours and period that the company has requested.
• A work permit is issued where it is clear that the company applying has a clear responsibility for determining the duties and functions of the post. A company may apply for a work permit for a person who will be employed to provide services to a client under a contract, which may mean that the person will need to work at the client's premises.
• Work Permits (UK) will not issue a work permit where the employer is only supplying personnel. If this is the case, the company will need to demonstrate that they are responsible for the delivery of a particular job, project or piece of work with which the vacancy is associated. If the application involves providing a service to a client under a contract, a copy of this contract will be required at the time of application.
• The pay and conditions offered to the overseas national must be equal to those normally given to a resident worker doing similar work.
• The employment complies with UK legislation and any requirements for registration or licensing necessary for the employment and the company has ensured that they and their employee have obtained any necessary registration or licensing.

Individual Work Permit Requirements

For an individual to qualify for a work permit, the job they have been offered must meet the following criteria:

EITHER - the job must require the following qualifications:

• a UK equivalent degree level qualification; or
• a Higher National Diploma (HND)-level qualification which is relevant to the post on offer; or
• an HND level qualification, which is not relevant to the post on offer plus one year of relevant full-time work experience at National/Scottish Vocational Qualification (N/SVQ) level 3 or above.

OR the job must require the following skills:

• Three years' full-time experience of using specialist skills acquired through doing the type of job for which the permit is sought. This should be at N/SVQ level 3 or above.