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EMPLOYER-SPECIFIC WORK-PERMITS

British offers three types of employer-specific work-permits allowing immediate entry
to those who have pre-arranged employment; viz.,

  1. standard work-permits
  2. sector-based work-permits
    • professional
    • non-professional
  3. intra-company, executive transfers
With the exception of one sub-category of sector-based work-permits, these types of work permits may lead to British citizenship after five years.
Abbey and St. Mary's church. Whitby, North Yorkshire

None of the migrant work-permit schemes generates a work-permit as quickly as this approach. Although employers may incur advertising expenses, in addition to obtaining an employee sooner, because the employee may work only for them, they have greater assurance that the employee will not leave after a short period. For the employee, this approach has the advantage of lessening the selection-criteria and eliminating a visa-officer’s discretion to refuse the visa on the grounds that the applicant is not likely to be able to secure employment in his/her “chosen field”.

 

Standard Work-Permits

Employers who are able to show that they are unable to locate a ‘Briton’ or European Union citizen who is able and willing to accept the position being offered to a foreign worker will be given the right to hire the foreign worker, whose authority to work will be limited to that employer. This process is straightforward, reasonably transparent and quick. Applications are generally finalised within two months.

The employer is required to advertise the position, which must carry with it an appropriate wage and benefits package, for four weeks. The position must be posted in both the British and the European Union job centres for four weeks, after which the employer must report how many applied, how many were interviewed and why none of those interviewed qualified before seeking a work-permit for the foreign worker, who must possess either three years of relevant working experience or hold a bachelor’s degree.

The bearer of such a work-permit may obtain permanent residence after four years of holding work-permits issued for a specific employer or under one of the migrant programmes. Any combination of such work-permits suffices.

Sector-Based Work-Permits

Britain has exempted some sectors from having to advertise a position before it may be offered to non-‘Briton’ or EU citizen and has created two sub-categories in this approach. The first applies to professionals, whose work-permits may be extended to the point of being granted “indefinite leave to remain;” i.e., permanent residence; the other for non-professional positions whose one-year work-permits may not automatically be extended.

PROFESSIONAL SECTOR-BASED WORK-PERMITS

In the professional sphere, the following skills shortage have been recognized:

  • Actuaries;

  • Engineering Profession
    • civil engineers,
    • traffic and highway engineers, and
    • railroad engineers;

  • Health Profession
    • audiologists,
    • bio-medical scientists,
    • dieticians,
    • midwives,
    • registered nurses,
    • pharmacists,
    • pharmaceutical technicians,
    • physiotherapists,
    • physicians,
    • radiographer,
    • social workers,
    • speech therapists, and
    • occupational therapists;

  • Teachers (for compulsory levels) and

  • Veterinary Surgeons.
Upper Lough Erne. Fermanagh, Northern Ireland


In order to qualify in the engineering category, the candidate must have an engineering degree and two years of relevant experience for junior positions and, for senior positions, five years. Practicing physicians are required to have their credentials assessed by the General Medical Council, which may require additional course work or examinations. They may, however, accept consulting positions so long as their duties do not extend to diagnosing or treating patients.

These work-permits are renewable and, after four years, lead to being granting “indefinite leave to remain”. Dependants of holders of these work-permits are permitted to reside in Britain, too.

NON-PROFESSIONAL SECTOR-BASED WORK-PERMITS

Up to 20,000 work-permits may be granted annually to applicants who are between the age 18 and 30 and have pre-arranged employment in three industries. The one-year work-permits, which do not lead to permanent residence or citizenship, may not be renewed but may be resumed after having spent two months away from Britain. The approved sectors are:

  • food processing (of fish from the sea and meat on the hoof);

  • hospitality: bar staff, chefs, cooks, kitchen staff and cleaners, waiters,
    concierge staff, reception staff, housekeepers and room attendants; and

  • mushroom farming and processing.


Hiking in the Lake District. Martindale, Cumbria

INTRA-COMPANY EXECUTIVE TRANSFER

The Sole Representative Work-Permit Programme is designed to allow a foreign-based company to transfer to Britain a person who will create and manage a U.K.-based branch or subsidiary. Its bearer may work only for that firm, which must have been in existence for at least one year, and may not possess a controlling interest in the parent firm. In addition, the parent firm may not have a branch, subsidiary or other representative currently operating in the United Kingdom.

In order to qualify for this type of work-permit, the applicant must:

  • must have worked for the firm outside of the U.K.,
  • must be a senior employee authorised to make operational decisions on behalf of the U.K. entity,
  • may not be a controlling shareholder of the parent firm and
  • have sufficient funds to avoid the applicant and accompanying dependants having seeking recourse to public assistance.

The initial work-permit is issued for one year and, if its holder is on-track, will be extended for an additional three years, after which it may be converted to “indefinite leave to remain;” i.e., permanent residence. One year later, the “settled” person may apply for British citizenship.
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