Work Permits

If they meet the requirements set out by the Home Office, companies and organisations in the United Kingdom can employ people from overseas for work in this country. In all cases you will be required to ensure that the employees you hire have permission to work in the UK. It is an offence to employ someone who does not, and this will shortly become punishable by fixed penalty notices for each employee who does not have permission. The rules concerning permission to work are complex, and subject to frequent change. Lawrence Lupin solicitors can advise you on this aspect of the law.

If the person you want to employ is not settled in the United Kingdom, and is not from an EEA country, you will need, in nearly all cases, to apply for approval to Work Permits (UK), part of the Immigration and Nationality Directorate of the Home Office, before the person starts work. If the application is approved, a work permit will be issued, and will normally be valid for up to five years.

The work permit scheme includes different requirements for different types of permit, depending on the employment covered.

The three most important are probably:

• for sports people and entertainers,
• the general work permit, and
• 'shortage occupations'. There are also distinct arrangements for employees taking up a board level post in a company, for employees moving between linked companies, in the UK and overseas, and for employees making significant financial contributions to the company. In most cases - but by no means all - there are fees to be paid.

Under the general scheme the Home Office will need to see that the vacancy requires skills of a sufficient level, and that the employee you want to take on has sufficient skills and qualifications to do the work. You will also need to show the advertising you have used in trying unsuccessfully to fill the position from among the labour force in the United Kingdom and EEA.

If the job you need to fill is listed by Work Permits (UK) as a shortage occupation the requirements are relaxed, so that you will not need to show that you have been unable to find anyone to fill the vacancy, and the whole application process can be completed quickly. The list of jobs covered by this scheme can change at short notice, but we can advise you on whether your vacancy will be covered.

Work permits can sometimes be issued for people who are already in the United Kingdom, but in a good many other cases the person you want to employ has to be outside the country, and apply for entry clearance (a visa) to come here to work. We can advise you on these rules.

The spouse and any children under 18 of a work permit holder can also be admitted, and will be allowed to stay for the same length of time. After five years here with a work permit an individual can ask for indefinite leave to remain (settlement) in the UK, and any family members should also be accepted.

In the agricultural and food processing industries there are recognised difficulties in recruitment, and special schemes operate for short-term employment, subject to quotas. Bulgarian and Rumanian workers will also be able to work in these areas. These jobs do not need high skill levels. Other family members will not usually be admitted with the holder of one of these permits.

Once all the paperwork is ready, work permits will usually take no more than two weeks to be issued. Separate approval needs to be obtained if the specifications of your employee's job change, if you acquire a company whose workforce includes employees on permits, or you want to employ someone who has a permit issued for work with another employer, but in each of these cases the requirements are less stringent.

We will work with you on meeting the requirements and advise you about advertising the post if you need to do so. We can also assist you in making applications, and you can be assured that at Lawrence Lupin solicitors we have the expertise to represent you in any dealings with the immigration authorities.

If you would like to take advantage of our expert immigration, asylum, or nationality law advice, then contact us now. Lawrence Lupin Solicitors 020 8733 7200