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Coming to work in the UK

(15 March 2005 13:24)

The UK is an attractive destination for many people looking to find work outside their own country, and the hospitality industry here relies heavily on them.

But, generally speaking, if you want to work full-time in the UK and you're not European you will need a work permit.

Trouble is, you cannot apply for one yourself. The application has to be made by the company that is going to employ you.

There are also ways of working in the UK without a work permit: these will be detailed later.

Are visas and work permits the same thing?
No. A visa gives you permission to enter the country, whereas a work permit gives you permission to work in the country once you have entered.

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Work permits are issued by the Work Permits (UK), part of the Home Office. They are specific to a certain job, so every time you move jobs you will need a new work permit.

Being granted a work permit will not necessarily guarantee you a visa.

Am I eligible for a work permit?
There are all kinds of rules and provisos around getting a work permit. These can be related to your parentage, your qualifications, your skills and many other factors.

As a basic guide, if you’re from the European Economic Area (EEA), you are free to come to England, Scotland, Wales and Northern Ireland to seek or take up employment without obtaining a work permit.

The EEA is made up of the 25 member states of the European Union – Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands,Norway, Portugal, Spain, Sweden and the UK – plus Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, who joined in 2004 .

Non-EEA nationals are subject to immigration control and must obtain permits to work in the UK. Certain limited catagories don’t require permits, these include:

  • Business visitors
  • Commonwealth citizens with at least one grandparent born in the UK
  • Commonwealth citizens who have at least one parent who is or was a British citizen

What about students?
Non-EEA nationals who come to study full-time in the UK for a period of at least 12 months are allowed to work part-time (up to 20 hours a week) during term time, and to work full-time during holidays.

What skills do I need to get a work permit?
Permits are usually only given to people with specialist skills or qualifications. For example, a UK degree-level or HND-level occupational qualification, or a high-level or specialist skill acquired through doing a similar job for three years.

What role does my employer take?
It is up to the employer to apply for the permit. Application forms and guidance notes are available from Work Permits UK. See the Manager's Office article on employing overseas staff for more details.

When does the application take place?
You’d think that the more time you give your application the better, but the truth is that your employer shouldn’t apply more than six months before the permit is needed. The minimum time before starting the job is four weeks.

How long does a work permit last for?
Up to five years, but, as mentioned above, you’ll need a new permit if you change jobs.

What accompanying documents will I need?
As it’s the employer who’ll be making the application, they will want as much documentation as possible to prove you’re eligible. If you’re not from the EEA, you’ll need these at the very least:

  • Passport of your country of origin
  • Birth certificate
  • Proof of qualifications and references 
  • A copy of any previous work permits
  • Visa

Are there any special rules for the hospitality industry?
Unfortunately not, although the rule that says students can work without a work permit can be really useful for seasonal work.

What if I haven’t got an employer or a work permit?
There are two main ways of getting into the UK if you’re not an EEA citizen: on a tourist visa or on a working holiday visa.

1. Tourist visa – If you’re on a tourist visa you are only allowed to stay in the country for up to six months and you have to prove when you arrive that you can support yourself when you are here. You are not allowed to do any work, paid or unpaid and are not allowed to study.

2. Working holiday visa – this is the option that most “travellers” go for.

Criteria for qualification include:

  • You must be aged between 17 and 27 years inclusive.
  • The main purpose of your visit should be to take a holiday, but you must intend to seek employment during the period of your stay. Such employment should be limited to short periods of full-time work or longer periods of part-time work. You may not take a job for the whole of your permitted stay and you should not work for more than half of your stay in the UK.
  • You must not engage in work which represents a continuation of your career while you are in the UK. It must be your firm intention to leave the UK after the completion of your working holiday.
  • You will be expected to have sufficient funds for your return or onward fare and your partial support during your stay.
  • On your initial entry into the UK as a working holidaymaker, Immigration Control will stamp your passport, allowing you to stay for a maximum of two years.
  • You must declare any criminal conviction you might have. Certain types of conviction may bar you from admission to the UK.

Is there anyone who can sort this out for me?
There are plenty of recruitment agencies that specialise in finding non-EEA people jobs and therefore permits and visas. Bear in mind that you’ll probably have to pay for the service somewhere along the line. They will also be restricted by all the rules listed above so don’t expect them to be able to sort you out with a dishwashing job.

These agencies will usually, however, help you out with working holiday visas.

Where can I get more information?
The best place to start is with the Work Permits (UK) Web site. It's a little difficult to navigate and find exactly what you want, but it does give details of all the different criteria and rules surrounding work permits.

The Home Office Web site contains all the information you will need on visas and immigration, including a useful page that lets you know whether you need a visa or not.

Source: Caterer & Hotelkeeper

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16th October 2008