CAN I HAVE FREE LEGAL ADVICE?
RLegal is a private client firm and does not undertake work under the Legal Aid Scheme.
I HAVE A VISIT VISA, CAN I CHANGE TO SPOUSE, STUDENT OR TIER 2?
No. You will need to return to your country of usual residence and apply from there.
AN INDIVIDUAL ALREADY HAS A UK CERTIFICATE OF SPONSORSHIP/WORK PERMIT THROUGH A DIFFERENT EMPLOYER – CAN HE WORK FOR OUR COMPANY UNDER THIS?
No. Certificates of Sponsorship/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 CERTIFICATE OF SPONSORSHIP/WORK PERMIT HOLDER NEED ANY OTHER VISAS?
Yes, 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 PERMISSION?
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 WORKER WILL CONTINUE TO BE PAID OVERSEAS – DO WE STILL NEED A CERTIFICATE OF SPONSORSHIP?
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 Certificate of Sponsorship.
WILL THIS CERTIFICATE OF SPONSORSHIP ALLOW THE WORKER TO UNDERTAKE EMPLOYMENT IN THE ISLE OF MAN, THE CHANNEL ISLANDS AND NORTHERN IRELAND?
No. A UK Certificate of Sponsorship 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 permission.
HOW LONG WILL IT TAKE TO GET WORK PERMISSION?
If it is necessary to test the Resident Labour Market, this process can take 28 days. The issue of the Certificate of Sponsorship is instantenous but you should bear in mind that the employee will then need to either obtain a visa to enter the UK under the Points Based System, Tier 2, or leave to remain on the same basis. The processing times for these applications varies greatly depending upon the nature of each application, where in the world it is submitted, etc.
I HOLD A VISITOR VISA, CAN I GET WORK PERMISSION IN THE UK?
No. It will be necessary for you to leave the UK and apply to return under PBS Tier 2 once you have been issued with a Certificate of Sponsorship.