Working in England
What You Need to Know to Be a Legal Worker
By Thei Zervaki
If you are lucky enough to have a European Union passport, you are free to work not only in the U.K. but anywhere in the EU. But if you don’t hold the EU passport, you will need a work permit. Or so you might think. You can of course work permit-free if you are an overseas government worker and your government transfers you in the U.K. But so can an investor or entrepreneur. Better yet, if your grandmother is British, you can apply for a British passport and move to England now.
Work Permits
There are six kinds of U.K. work permit arrangements. In addition, there is a Highly Skilled Migrant Program.
- Business and Commercial arrangements allow employers in this country to recruit people from outside the EEA to fill a vacancy that may otherwise be filled by a "resident worker."
- Training and Work Experience Scheme arrangements enable people from outside the EEA to undertake work-based training for a professional or specialist qualification, or a period of work experience.
- Sports and Entertainments arrangements allow employers in this country to employ established sportspeople, entertainers, cultural artists, and some technical or support people from outside the EEA.
- Internship arrangements allow students from outside the EEA enrolled in first or higher degree courses overseas to undertake an internship with an employer in this country.
- General Agreement on Trade in Services (GATS) arrangements allow employees of companies based outside the European Union to work in the U.K. on a service contract awarded to their employer by a U.K.-based organization. This is a special arrangement within the normal work permit rules made under the General Agreement on Trade in Services (GATS).
- Sectors Based Scheme (SBS) allows employers in this country to recruit people from outside the EEA to fill vacancies that they are unable to fill with "resident workers." SBS is sector based and currently operates in the hospitality and food manufacturing sectors. SBS only covers those posts within a given sector that are recognized as hard to fill by work permits, and are specified in the "Sectors Based Scheme Guidance Notes." The posts specified in the guidance notes are at a level that would not meet the skills criteria of the Business and Commercial arrangements, but which have been identified as hard to fill within the U.K. SBS is quota based.
Visit: www.workingintheuk.gov.uk for more information.
The Highly Skilled Migrant Program is designed to allow highly skilled people to migrate to the U.K. to look for work or self-employment opportunities. The scheme is different from the work permit scheme because you do not need a specific job offer in the U.K. to apply. It is different from business routes such as the Innovators scheme or other business categories because you do not need a detailed business plan, you do not need to create jobs; and you do not need to invest in the U.K..
How can I apply? You should apply to the Highly Skilled Migrant Program Team at Work Permits U.K. (WPUK) in Sheffield. You can apply from abroad. In most cases, you can also apply from inside the U.K. if you are here with Home Office permission.
Your application will not be successful if you are in the U.K. as a visitor, on temporary admission, or without permission.
How do I qualify as a highly skilled migrant? There is a points-based immigration scheme. Points are scored in five main areas:
- educational qualifications
- work experience
- past earnings
- your achievement in your chosen field and
- your husband's, wife's, or unmarried partner's achievements.
Self-employed general practitioners qualified to practice in the U.K. may also apply under the Highly Skilled Migrant Program.
How long will I be allowed to stay in the U.K. as a highly skilled migrant? You arer given permission to stay in the U.K. for a year to seek work or self-employment opportunities. After a year you can apply to stay for longer but you must be economically active.
As a highly skilled migrant, can I stay in the U.K. permanently? If you live here continuously for four years with Home Office permission, you can apply to live here permanently.
How can I get more information? Click on the URL: www.workingintheuk.gov.uk.
The application fee for the consideration of an HSMP application is £150. The waiting period can be between 3-24 weeks.
How long is a work permit valid for? Work permits are issued for a specific period beginning on the date the person is given leave to enter the U.K.. If they do not enter the U.K. within six months of the date the permit is issued, it will no longer be valid.
When the person is already in the country a letter of permission is issued rather than a work permit. This will be sent to the applicant before a decision is made on the immigration aspects of the case
Who requires a work permit? Any non-EEA national seeking entry or permission to remain in the U.K. for the purpose of employment normally requires a work permit.
Who Does Not Need a Work Permit?
- European Economic Area (EEA) nationals.
- Citizens of Switzerland.
- British Overseas Territories Citizens except those from Sovereign Base Areas in Cyprus.
- Commonwealth citizens who were allowed to enter or to remain in the U.K. on the basis that a grandparent was born here.
- Spouses, unmarried partners, and dependant children under 18 of people who hold work permits or who qualify under any of the above categories or those listed below as long as the endorsement in their passport places no restriction on their employment here.
- Those who do not have any conditions attached to their stay in the U.K.
Nationals of Malta and Cyprus working in the U.K. are not subject to this scheme and can apply for a residence permit now.
Under the Immigration Rules a person does not need a work permit if they qualify under one of the following categories and they have obtained prior entry clearance at a British Diplomatic Post abroad, where necessary:
- Those coming to the U.K. to set up a new business or to take over or join an existing business as a partner or director, or as a sole trader.
- Those receiving training in techniques and work practices used in the U.K., providing that the training is confined to observation, familiarisation and classroom instruction only.
- Ministers of religion, missionaries and members of religious orders.
- Representatives of overseas newspapers, news agencies and broadcasting organizations.
- Private servants in diplomatic households.
- Representatives of overseas firms who are seeking to establish a U.K. branch or subsidiary.
- Teachers and language assistants under approved exchange schemes.
- Employees of an overseas government coming to do a job for their Government or international organization of which the U.K. is a member.
- Seamen under contract to join a ship due to leave British waters on an international voyage.
- JapanYouth Exchange Scheme.
- Senior operational ground staff of overseas-owned airlines based at international airports.
- Seasonal workers at agricultural camps under approved schemes.
- Doctors, dentists and general practitioners in post-graduate training.
- Entertainers and sportspeople participating in benefit matches and charity events for which there is no fee, or in international competitions.
- Entertainers and sportspeople attending trials and auditions which do not involve a performance to a fee-paying audience (paid rehearsals do require a work permit).
- Working Holidaymakers undertaking employment as an integral part of their holiday.
- Innovators.
- Investors.
- Au Pairs.
- Domestic Workers.
- Writers, Composers, and Artists.
- Voluntary workers.
- Science and engineering graduate students.
However, belonging in one of the above categories, does not qualify you directly to come in the U.K. without a work permit (if you want to be legal). For example, if you want to work as an au pair and you are an Australian or Canadian, you still need a work permit. Only nationals of the following countries are part of the scheme: Andorra, Bosnia-Herzegovina, Republic of Bulgaria, Croatia, Faroe Islands, Greenland, Macedonia, Monaco, Romania, San Marino, and Turkey.
To complicate things even more, you might not need a work permit, but you will need a visa.
I suggest that you should spend at least a half-day when you visit the www.workingintheuk.gov.uk/ website. There are many exceptions to the rules for all the above categories when the applicant does not need a work permit.
What is the Working Holidaymaker scheme? The working holidaymaker scheme allows a person aged between 17 and 30 to come to the U.K. for up to two years with the intention of taking paid work here as a part of a working holiday.
You must get entry clearance as a working holidaymaker before you travel to the U.K..
How do I qualify as a working holidaymaker? You qualify as a working holidaymaker if you meet these conditions:
- you are a Commonwealth citizen, British Dependent Territories citizen or British Overseas citizen aged 17 to 30
- you want to come to the U.K. for up to two years with the intention of taking paid work here as a part of a working holiday
- you are single or married to a person who also qualifies as a working holidaymaker; if married, you must plan to take the holiday together
- you have no dependent children who will reach five before you complete your holiday
- you will not need help from public funds
- you can pay for your onward journey and
- you plan to leave the U.K. at the end of your holiday.
For more information, visit www.workingintheuk.gov.uk.
Paying for a Work Permit
Applications for Business and Commercial, Training and Work Experience, Sportspeople and Entertainers, Sectors Based Scheme, Student Internships and GATS work permits are subject to a charge.
How much will it cost?
The charge for the consideration of a work permit is £153. This will apply to all work permit applications including extensions and change of employment applications considered under the Business and Commercial, Sectors Based Scheme, Training and Work Experience, Sportspeople and Entertainers, Student Internship, and GATS arrangements.
To my knowledge, the employer is the one who will have to pay for the work permit, not the candidate. However, in some cases, candidates will have to produce certified photocopies of passports, diplomas, certificates, and also send photos for which they will have to pay themselves. You could also use a private company specializing in immigration law but you will have to pay a significant amount of money.
For more information regarding work permits and visas, click on www.workingintheuk.gov.uk.
For more information regarding residency, nationality, citizenship, leave to remain in the U.K. or immigration, click on www.workpermit.com/uk/uk.htm.
Another useful site: www.ukvisas.gov.uk.
Private Companies Offering Visa/Work Permit Services:
Terminology
European Economic Area (EEA): all EU nationals and nationals of Iceland, Liechtenstein, and Norway.
EU: European Union Member States, currently 25: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, U.K..
Thei Zervaki is a career and business coach and founder of the Ditch your Resumeâ„¢ venture. She coaches individuals who don't like to edit resumes, confused business owners who do not know how to get clients, "delivers fun workshops and helps her clients to get results." Email her at tzervaki@ditchyouresume.com.
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