CAN I HAVE FREE LEGAL ADVICE?
RLegal is a private client firm and does not undertake work under the Legal Aid Scheme.
AN INDIVIDUAL ALREADY HAS A UK WORK PERMIT THROUGH A DIFFERENT EMPLOYER – CAN HE WORK FOR OUR COMPANY UNDER THIS?
No. Work permits are issued to specific employers for a certain individual to undertake a specific role. It is not possible for a worker to undertake a variety of roles with several different employers under a single work permit. It is therefore necessary for each new employer to apply for permission to employ the individual.
WILL THE WORK PERMIT HOLDER NEED ANY OTHER VISAS?
If a work permit holder holds a work permit which is valid for more than 6 months, they will need to obtain a visa from their nearest British visa issuing post before travelling to the UK to take up their employment.
WE ONLY NEED THE INDIVIDUAL TO WORK IN THE UK FOR A MONTH EVERY NOW AND THEN – DO THEY STILL NEED A WORK PERMIT?
Yes. Whether the foreign worker is needed for one week or five years, they will need to have approved work permission before coming to the UK for that purpose.
If the worker is only coming to the UK to attend meetings or seminars on behalf of an overseas entity, they may be able to enter as a Business Visitor but this would be on the condition that they do not undertake any productive work in the UK.
For those who will be undertaking employment, even for short periods, work permission is needed. The 'multiple entry work permit' is valid for from 6 months up to two years and allows the worker to re-enter the UK to undertake the same role for the duration of the permit, regardless of large periods of time spent outside the UK. The multiple entry permit is designed to assist employers who require overseas workers to enter the UK to undertake employment for temporary periods, whilst remaining based overseas, for example IT Consultants who need to work in the UK on specific projects for 1-2 months once or twice a year.
It is important to be aware that time spent in the UK under a multiple entry work permit will not count towards the qualifying period in terms of a potential application for indefinite leave to remain. In addition, family members who wish to accompany the work permit holder to the UK will only be able to do so as visitors.
THE WORKER WILL CONTINUE TO BE PAID OVERSEAS – DO WE STILL NEED A WORK PERMIT?
Yes. Although a worker's employment in the UK may be administered overseas, they are still technically seen as working in the UK in the eyes of the UK immigration authorities and will therefore require a work permit.
WILL THIS WORK PERMIT ALLOW THE WORKER TO UNDERTAKE EMPLOYMENT IN THE ISLE OF MAN, THE CHANNEL ISLANDS AND NORTHERN IRELAND?
No. A UK work permit will not permit a worker to take up employment in any of these areas. All of the above jurisdictions have their own immigration systems and their own departments who issue work permits.
CAN THE APPLICATION BE MADE WHILST THE INDIVIDUAL IS IN THE UK?
Normally the worker must be outside of the UK whilst the application for their work permit is submitted to Work Permits (UK). However, there are certain circumstances where the individual is in the UK for another permitted reason, for example, as a student on a degree level course or higher, or a work permit holder for another employer, in which an application for a work permit can be made whilst the individual remains in the UK. In these circumstances, it will also be necessary to submit a second application for Further Leave to Remain to the Home Office.
Applications for multiple entry permits can only be made whilst the worker is outside of the UK.
HOW LONG WILL IT TAKE TO GET THE WORK PERMIT?
The processing time for applications can vary depending upon the nature of each application, as some types of work permit application are more complex. However, assuming the application is complete and all supporting documentation has been provided, Work Permits (UK) will process the application within 3 to 5 working days of receiving it.
Once the work permit has been issued, the original document will need to be sent to the worker overseas. The worker will then need to apply for entry clearance certificates for him or herself and any accompanying family members before travelling to the UK to take up employment.
Alternatively, if the application is made whilst the individual is in the UK, a letter of recommendation will be issued by Work Permits (UK) rather than a work permit. The FLR application will then be decided by the Home Office who will decide whether to extend the individual's leave to remain in the UK and, if applicable, authorise their switch in immigration status to that of a work permit holder.
I HOLD A VISITOR VISA, CAN I CHANGE INTO WORK PERMIT IN THE UK?
No. It will be necessary for you to leave the UK whilst the work permit application is processed. You will then need to apply for a new visa to return to the UK once the work permit has been issued.
