Q:Who can apply for Work Permits?
Ans:
  • Employers can apply up to three months in advance of when they want the overseas worker to start in the UK.
  • Individuals cannot apply for a work permit on their own behalf. Applications must be made by the UK based employer.
  • The Work Permit arrangements enable employers based in the United Kingdom to recruit or train people who are not nationals of a European Economic Area (EEA) country.
  • Overseas companies cannot apply for work permits. However, if they have a UK presence then this organisation can make the application.
  • Recruitment agencies, employment agencies or other similar businesses cannot apply for work permits.
Q:How long will it take to get me a UK Work Permit and any necessary visa?
Ans: If the you do not need UK Entry Clearance then you can fly to the UK on the day the Work Permit is approved and printed. If an application goes smoothly, the Work Permit will usually be printed within 3-4 weeks of making the application.

During times of peak demand and during holiday periods (in particular late July to the end of September, and mid December to mid January) processing times often become slightly extended.

Because of Security clearance procedures, applications take a little longer for Russian nationals, and can take a lot longer for nationals of North Korea, Libya, Iraq, and China (PRC).

Q:What is the difference between a Work Permit and a visa?
Ans: A UK Work Permit is a document issued by Work Permits (UK), a part of the Department for Education and Employment; it gives your employer permission to employ you in a specific job at a specific location.

A UK Work Permit is not a permission for you to take up work in the UK. The permission for you to enter and work in the UK isconferred by a UK Immigration or Consular officer who, following the issue of a Work Permit, may issue you with a suitable visa. The visa is an endorsement stamped in your passport.

Even if you are already working in the UK on a Work Permit, if you want to move to another job, your new (prospective) employer must obtain a new Work Permit before you can change jobs.

Q:Do I need a Work Permit?
Ans: Before going to the effort of obtaining a work permit, you should ask:

  • Can I get another visa which will allow me to work in the UK without my employer having to get a work permit?
  • What are the other visa options?
  • Can I get another visa which will allow me to work in the UK?
If you fall into one of the following categories of people, you can take up any lawful employment in the UK and do not need a Work Permit:

  • Nationals of EEA countries (the EEA comprises the EU - Austria , Greece, Luxembourg, Belgium, Holland, Denmark, Portugal, Finland, Ireland, Spain, France, Italy, Sweden, Germany, United Kingdom – and also Norway Liechtenstein, and Iceland)
  • Those with Indefinite Leave To Remain in the UK (Permanent Residence)
  • Those in the UK as the spouse of an EEA national
  • Those in the UK as the spouse of a Work Permit holder, Training Permit Holder Sole Representative, Investor, Student, Ancestry visa holder
  • Commonwealth citizens with Ancestry visas (sometimes called ‘patriality’) – you can get one of these visas if you are a Commonwealth citizen and have at least one grandparent who was British & born in the UK. To get one of these visas you should apply at the British High Commission in your home country. These visas are usually issued for a period of 4 years; after 4 years in the UK you will is generally be eligible to obtain permanent residence.
  • Those with pending claims for Asylum in the UK (NB workpermit.com does NOT handle asylum applications)
    Those in the UK on a visa as the ‘partner’ of an EEA national, Work Permit holder, Training Permit Holder Sole Representative, Investor, Student, Ancestry visa holder. These visas are issued in cases where the partners are not legally allowed to marry (for example because they are of the same sex, or because one or both of them are married to someone else) and have been co-habiting for at least 2 years prior to the visa application


Q:Am I eligible to get a UK work permit?
Ans: To hold a UK work permit, you will generally need to have high level skills and experience. To get a ‘full’ work permit you will need either:

  • a UK degree equivalent qualification
  • 3 years senior level experience in a relevant, specialised area
  • an HND level occupation which entitles him to do a specific job
  • a general HND level qualification and 1 year relevant experience
  • 3 years relevant experience at NVQ level 3 or above


Q:Can I change employer if I am in the UK on a work permit?
Ans: Yes – but only once your new employer has arranged a new work permit (this will usually take about a month)

Q:If I am already in the UK on a work permit, will I need to leave the country if I want to change employer?
Ans: No – you can remain in the UK while the new application is considered.

Q:Can I visit the UK while a work permit application is being processed?
Ans: Yes (subject to the issue of a suitable visit visa, if necessary)

Q:Can I be paid from abroad?
Ans: In some circumstances, this may be possible, but you will still have to pay all relevant UK taxes.

Q:Can I get a work permit to be a freelance contractor?
Ans: No. A work permit application must be made by a UK employer, so you can not be ‘freelance’. If you want to be a contractor, the nearest thing possible is to be employed by a service company such as a software house which would pay you a profit share as well as your base salary. For details of one option see www.sybersolve.com

Q:What happens if a company gets a work permit to employ me for (e.g.) 2 years, and then does not employ me for the full period?
Ans: A work permit is not a contract of employment; it gives the employer permission to employ you, but there is no obligation to employ you. If you are made redundant you are only entitled to notice/compensation insofar as they may be detailed in your contract of employment.

Q:Can an IT Contractor’s 1 man limited company sponsor work permit applications?
Ans: Vehicles for the accounting convenience of contract staff are not regarded as suitable applicants by the Work Permits (UK), so a UK-resident contractor cannot use his 'personal services company' to sponsor foreign staff who want to find contract work in the UK.

Q:If I am on a UK work permit and leave my job, do I have to leave the UK?
Ans: No. It may be the case that, in time, the Home Office will ask you to send in your passport and they may then curtail your visa, but even if the Home Office try to contact you, they are unlikely to do this for several months, and in the meanwhile you are free to remain in the UK although you can not take up new employment unless and until a new UK work permit is issued.

Q:I am on a work permit, and my spouse has entered the UK as my dependent. If her employer wants to get a work permit for her, can we swap?
Ans: Yes, although it cannot all be done from within the UK. Someone on a spousal (dependent) visa can switch to a work permit without leaving the UK, as it is likely that the Home Office will approve the new visa. However, getting a dependent visa requires mandatory entry clearance from a UK consulate, so you as a work permit holder will have to leave the UK and then apply for a new visa to re-enter as a dependent. This is the case regardless of your nationality.

Q:Will my UK work permit entitle me to work elsewhere in Europe?
Ans: Probably not. In the specific case of you having been in the UK for 12 months on a work permit with same employer, and that employer needing to send you to a client site elsewhere in Europe, then it may be possible (see the specific country guide for further details). In most cases, you will need a work permit for the specific country, as all EEA countries have different immigration laws.

As the UK is not part of the Schengen area, a UK visa does not entitle you to travel freely throughout Europe even if you are just visiting. You should contact your travel agent or the relevant consular office to see if you need a Schengen visa.

Q:What is the work permit duration?
Ans: The length of the work permit you obtain will depend on a number of factors which are normally more related to your employer and your job/project than the strength of your own candidature. Our general advice is that you should not worry if you get only a short term permit as it will normally be possible for it to be extended if you are still needed by your employer (and if you are not needed by your employer, you may well be able to find a new UK employer who can get another permit for you to stay in the UK).

After 48 months physically in the UK on a work permit, you will usually be able to obtain permanent residence. For this reason, it used to be the case that work permits were not issued for longer than 4 years. However as many work permit holders need to travel a lot, permits are now issued for up to 5 years, at the end of which time most people should have spent the required 48 months in the UK and be able to get permanent residence.

Start up companies will generally not be granted work permits of more than 18 months duration; these permits are extendable, but copies of the first year's audited accounts will need to accompany the application for extension.

If you are to work at a client's site, your work permit will usually be limited to the duration of the contract existing between your employer and that client, but if the contract is subsequently extended an extension of your permit will probably be possible and easy.