Work permits and visas

During 2008/09 the Home Office UK Border Agency (UKBA) is introducing changes to the immigration system for the way individuals from outside the EU and European Economic Area (EEA) can work, train or study in the UK.

The current 80 different routes will be reduced to five tiers (points-based system - PBS) and the work permit route will be absorbed into Tier 2. Prior to the launch of Tier 2 in November 2008, employers should continue to apply for work permits under the current system. Information on PBS can be found on the PBS page of this website.

Current work permits system

To apply for a work permit, employers will need to demonstrate that they are unable to recruit a resident worker before recruiting an individual from overseas unless the role is featured on the shortage occupation list.

If the role is not on the shortage occupation list, the employer will be required to provide details of the recruitment method used and give credible reasons why they did not appoint a resident worker.

The publications or other media you use in your recruitment process should be readily available and accessible throughout the EEA.

To ensure that the results of any advertising reflect the current availability of the skills needed, employers are required to:

• Place the advert no more than six months before applying for a work permit.
• Allow four weeks from the date the post was advertised before sending a completed work permit application to Work Permits (UK).
• Demonstrate that the advertising medium was the most appropriate.
• Evidence that the post has been advertised for a minimum period of one week if using an appropriate internet site.

NHS organisations using NHS Jobs can submit a copy of the NHS Jobs advert as evidence. The document must clearly show the date of the advert and the remaining text must be in readable format. These details must be accessed and printed off via the appropriate employer login on the NHS Jobs website.

Information required by Work Permits (UK) includes dates of the advertisement, the number of applicants, the number short listed for interview and paper evidence detailing their qualifications and experience. Employers should send the original advertisement which clearly shows the date and title of the publication. If the advertisement is not in English, a translation must be provided.

The recruitment methods used, including advertising, should be appropriate to the job and represent a genuine attempt to employ a suitably qualified or experienced resident worker.

If an employer fails to meet these conditions, Work Permits (UK) may refuse an application.

Work permit applications for doctors and dentists in postgraduate training

An agreement was made with Work Permits (UK) to reduce the administrative and financial burden associated with multiple work permit applications for training programmes, which allows Deaneries to be responsible for making work permit applications for doctors and dentists in postgraduate medical training posts.

The arrangement allows a single work permit application to cover an entire training programme. A PD1 form must be completed listing all the training posts in the programme. The Deanery acts as the umbrella organisation where a doctor's training rotation involves more than one trust. A further application will be required if the doctor or dentist moves into a post or training programme at a different level.

If a doctor's training will involve working with a single trust, the trust can submit a work permit application directly to Work Permits (UK).

If an individual trust is authorising the application and not the Deanery representative, a PD1 form should be completed in all of these instances:

• first application
• extension application
• when a doctor/dentist is changing trusts
• when a doctor/dentist is starting work or training at a new training programme level

If the person is to undertake a Foundation Programme, evidence must be submitted with the application from the Postgraduate Dean to verify that the programme is recognised for training.

Non - EEA nationals graduating from a UK Medical School

As of 3 April 2006, only non-EEA nationals who have graduated from a UK medical school and are undertaking the Foundation Programme are eligible for the postgraduate doctors and dentists category providing they meet all the requirements of the immigration rules. If they meet the specified criteria, the employer will not need to apply for a work permit to cover the period of the Foundation Programme. The individual medical graduate applies for the visa directly. Details can be found on the UKBA website.

Dependants/spouse visa

The spouse or civil partner, unmarried or same sex partner and children of a work permit holder may be admitted to the UK as dependants. Anyone given permission to enter or stay in the UK as a dependant of a work permit, HSMP or Tier 1 holder will be given permission to enter or remain in the UK for the same length of time. The dependent or spouse will be able to work whilst they are in the UK as long as there are no restrictions cited on the endorsement in the passport. However, any employment must not be necessary to support the holder of the visa or any other dependant.

Visa and entry clearance

If the individual requires a visa, or any other form of entry clearance they must apply to their nearest British diplomatic post in their country of residence within six months of the issue of the work permit.

British citizens, Swiss nationals and nationals of a country in the EEA other than Bulgaria or Romania, do not need permission to work and live in the UK. Individuals who do not fall into these categories may need to apply for entry clearance before they travel to the UK to take up employment. Entry clearance is the application process for all nationals, other than those detailed above, who wish to travel to the UK to take up employment. The entry clearance certificate, more commonly called a visa, is placed in the individual's passport or travel document.

Employers can determine whether or not someone requires a visa from any British Embassy, Consulate or High Commission overseas, or from the UK Border Agency website.

Switching

Overseas nationals may apply to switch into work permit employment without leaving the UK provided they satisfy the work permit criteria and have existing leave to remain.