There are a number of Immigration categories in the UK that are collectively known as work permits. UK work permit applications can only ever be made (or signed) by a UK employer. The work permit schemes are administered by Work Permits (UK), a division of the Border & Immigration Agency , in turn a part of the UK Home Office.

Business and Commercial Work Permits

The basic idea behind the issue of work permits, in nearly all cases, is that UK employers should be able to recruit from overseas where and if it is not possible for them to recruit a suitable resident worker. On the one hand Work Permits (UK) exists in order to "serve business needs" (allowing work permits to be issued where and if one is truly needed by a UK employer, and only according to strict criteria). The other function of Work Permits (UK) is to safeguard jobs for resident workers, and therefore they must avoid issuing work permits where it should not be necessary (i.e. where a resident worker would be available to carry out the work). The main ("business and commercial") work permit scheme has a number of strict requirements including a skills threshold, and a requirement, in most circumstances, for the employer to demonstrate that a resident worker could not be found to fill the post.

These common applications are known as "Tier 2 " applications. There are also a number of "Tier 1 " categories where, in set circumstances, there is no requirement for the employer to demonstrate that they have tried to recruit a resident worker (because to do so would be a recognised as a futile exercise or not realistic for some particular reason). Such instances and reasons include cases such as "shortage occupation" (e.g. doctors, nurses, teachers etc) applications, Intra Company Transfers, Board Level Posts, Inward Investment, Change of employment (where the individual already holds a work permit for similar post gained through another employer).

Visas and Work visas

There are many UK immigration categories (or types of "visa") that carry with them, or include, the right to work in the UK, either for a limited or unlimited number of hours, and for a limited or unlimited duration. The work permit schemes are only a small fraction of these. Permission to work can result from a number of different forms of leave to enter or remain in the UK, whereas the term "work permit" refers only to a specific document, and an associated immigration category which should, and does normally, follow on from this. A work permit is something that is employer-sponsored and employment-specific.

However, a work permit is, in itself, simply confirmation from one branch of the Home Office (Work Permits (UK)) that an application has been approved against the relevant work permit criteria. A work permit does not in itself allow a person to enter or remain in the UK, or to work in the UK. For this, a valid "visa" must also be issued in relation to the work permit. Essentially, obtaining a work permit is a two-stage process.

Initially, the work permit application is considered and approved. Afterwards, the individual must apply for, and obtain, leave to enter or remain in the UK based on the work permit. This is known as obtaining a visa. If the individual is outside of the UK when the work permit is applied for and obtained, then he or she must apply for entry clearance at his or her local British Diplomatic Post. If the work permit application was submitted while the person was in the UK, then an application for Further Leave to Remain must be submitted and approved before the work permit becomes "live" or valid. It is possible to switch to work permit immigration status only from a small number of other types of visas. For example, a visitor may not switch to work permit status, and nor may a dependent, or a student who has not graduated with a degree during his or her stay. In instances such as this, an "out of country" work permit application would be necessary if a person wants to obtain the immigration status of a work permit holder.

HSMP - Highly Skilled Migrant Programme

The Highly Skilled Migrant Programme is fundamentally different to all categories of work permit, in that it is not employment-specific and is not employer driven. The HSMP allows individuals to apply for leave to enter or remain in the UK for the purpose of working or engaging in business, without the need for a UK employer to "sponsor" the application.

Individuals must qualify with a minimum of 75 points, as well as showing that they meet a number of other basic criteria. Points are awarded for achievements and previous performance in areas including qualifications, previous work experience, and earnings. In addition, requirements are lower for those under the age of 28 at the time of the application. CLICK HERE for our HSMP free Assesment.