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Work Permits

There are different types of work permits for varying needs. Below we have detailed the types we deal with and explained how they work. If you are unsure please contact our Smooth Immigration advisors who are happy to answer your queries.

  1. Ordinary/business and commercial
  2. The Shortage Occupation List
  3. Intra-Company Transfer Change of Employment/Switch
  4. Change of Employment/Switch

Ordinary/business and commercial

If you are a working holidaymaker, visitor or student already in the UK, or if you want to come to the UK to live and work for an indefinite length of time, chances are you will need a work permit.

The work permit scheme allows a UK-based employer to employ a non-EU national for a specific length of time, doing a specific job. Work permit applications are made against specific criteria, the most important of which are the following:

  • Whether the UK employer is actively trading in the UK
  • Whether there is a genuine vacancy available for you in this country
  • Whether the vacancy meets specific criteria

To qualify for this kind of permit, you must:

  • Be taking up a position that meets NVQ level 3 and above. If you work in a profession, you may need to register with the relevant governing body for example, a doctor must be GMC registered.
  • Have either a relevant degree; or
  • A non-relevant degree and some previous relevant work experience; or
  • A relevant Higher National Diploma (HND) or equivalent qualification; or
  • A non-relevant HND qualification together with one years’ previous relevant work experience; or
  • At least three years’ previous relevant management experience.

Under this permit, your spouse, civil or unmarried partner will be eligible for a dependency visa, provided they live with you permanently. Your partner will need to prove that they have been in a relationship akin to a marriage with you for at least two years before you apply for the dependency visa.

It is also important to note that if your work permit is valid for longer than six months you and/or your family must obtain entry clearance from the British High Commission in your home country before entering the UK.

For employers:

If the position falls under the Shortage Occupation List, you will not need to advertise the vacancy. If it does not, your company must prove that you have made an attempt to recruit someone in the UK or EU by first advertising the position.

Before you call us, please have the following information to hand:

  • The details of the position that you want to fill
  • Whether or not you have advertised the job
  • Whether your company has employed someone under the work permit scheme before

For employees:

Before you call, please have the answers to the following questions ready:

  • If you are currently in the UK, what UK visa do you have, and when does it expire?
  • What is the job being offered to you?
  • What is the salary?
  • What is your highest qualification?
  • How much relevant experience do you have?

The Shortage Occupation List

The following occupations are currently on the Shortage Occupation List. This means that employers do not have to advertise vacancies for these occupations as there is a great shortage of these professionals in the UK.

Visit http://www.bia.homeoffice.gov.uk/workingintheuk/workpermits/workpermitarrangements/businessandcommercialworkpermits/" target="_blank">http://www.bia.homeoffice.gov.uk

Please note: This list changes regularly and it is advisable to check the above link to view the most up to date list.

Intra-Company Transfer

This permit allows an employer to transfer a key member of staff to the UK from an overseas branch of the company. It must be for a specific role for a specific company, and the employee must have been employed with the overseas branch for at least 6 months before applying. Like an ordinary work permit, the application needs to be made by the employer, not the employee. It is valid for between one day and five years.

To qualify for this kind of permit, you must:

  • Be taking up a position that meets NVQ level 3 and above. If you work in a profession, you may need to register with the relevant governing body for example, a doctor must be GMC registered.
  • Have either a relevant degree; or
  • A non-relevant degree and some previous relevant work experience; or
  • A relevant Higher National Diploma (HND) or equivalent qualification; or
  • A non-relevant HND qualification together with one years’ previous relevant work experience; or
  • At least three years’ previous relevant management experience.

Under this permit, spouse, civil or unmarried partner will be eligible for a dependency visa, provided they live with you permanently. Your partner will need to prove that he/she has been in a relationship akin to a marriage, with you, for at least two years before you apply for the dependency visa.

Change of Employment/Switch

This permit is designed for employers who wish to employ someone currently on a work permit for another company. Like an ordinary work permit, the application needs to be made by the employer, not the employee. It will be valid for between one day and five years, and if you change employment during this time, you will need to apply for a new work permit.

To qualify for this kind of permit are the same critieria as the intra company transfer.

It is important to note that if the new position is more or less similar to the one currently held by the work permit holder, it will not be necessary for the UK Employer to advertise the position. If however, the new position is not similar in any way, the application will have to then be prepared as if for the first time.

Under this permit, your spouse, civil or unmarried partner will be eligible for a dependency visa, provided they live with you permanently. Your partner will need to prove that he/she has been in a relationship akin to a marriage, with you, for at least two years before you apply for the dependency visa.