The purpose of TWES is to enable individuals to gain skills and experience through work-based learning, which builds on their previous education and training and which they intend to use on their return overseas. TWES permits are normally issued where a genuine need exists for a person to do:

• Work-based training for a professional or specialist qualification; or
• A period of work experience.

2. TWES Permits

There are two ways in which a TWES permit can be sought: either to achieve specialist or professional qualification or for a period of work experience. In addition to the general requirements, there are different sets of requirements for each of these categories of TWES permits. First of all we will discuss the general requirements which every employer needs to fulfil no matter what category he is applying for.

3. General Requirements

Following are general requirements which an employer needs to make sure that these are complied with, before making a TWES work permit application.

For the Applicant

• The applicant should already have an academic or vocational qualification at least at N/SVQ level 3 or equivalent, in order to benefit from the level of training expected on TWES.
• The applicant must have an adequate command of English language to enable him to benefit from the TWES program.

For the Position

• The position that would be occupied by a TWES permit holder must be an additional to the normal staff requirement of that employer.
• The position must require the applicant to work at least 30 hours per week
• Contract of employment

For the Employer

The employer needs to establish its UK existence before the Work Permits (UK), which can only be proved by good documentary evidences that may be:

• Annual report;
• Certificate of Employers Liability;
• Lease of premises and floor plan;
• Copies of necessary registration documents (for example with the Local Health Authority);
• Invoices;
• Utility bills;
• VAT returns;
• P35 - Employers Annual Return to the Inland Revenue
• Accounts submitted to the Inland Revenue; and
• NESI 8 - document from the Inland Revenue.
• Menus, Wine list (In case of hotel and catering establishments)
• Prospectus (In the case of the Education Sector)
• Hierarchy charts
• Whole Training and experience plan
• The competence certificates of the trainer

4. Special Requirements / Rules for Training for a professional or specialist qualification

In addition to the general requirements as discussed above, the employer intending to apply for this category of TWES permit needs to fulfil the following requirements by enclosing relevant documentary evidences with the TWES application.

• The training should lead to a recognised professional or specialist qualification that requires an entry-level qualification of at least N/SVQ level 3 or equivalent.
• The applicant should have appropriate qualifications where this is necessary to do the training of at least N/SVQ level 3 or equivalent. (Documentary evidence needs to be provided of the applicant's qualifications and evidence of any exemptions, if claimed).
• The employer and the trainer who will be managing the training should be competent to provide the training. This will normally involve being registered or approved by the relevant professional body (evidence from the appropriate professional body, to show that the trainer or the employer is approved to provide the training).
• The individual will be allowed two attempts (or possible attempts) for each exam. Three attempts may be allowed in exceptional circumstances.
• TWES permits for a person are normally issued to achieve a single qualification only. It cannot therefore be extended to acquire another professional or specialist qualification.

5. Special Requirements / Rules for Work Experience

In addition to the general requirements, the employer needs to fulfil / comply with the rules / requirements, in order to make a successful application under this category of TWES permit.

• The work experience should be of at least at the level of N/SVQ level 3 or equivalent.
• A detailed timetable should be provided for each stage of the programme and a description of tasks to be done and the details of the supervisor of the programme.

Requirements for the applicants

The applicant must have already achieved one of the following academic or work experience levels:

• A relevant academic/vocational qualification of at least N//SVQ level 3 or equivalent; or
• At least 12 months previous relevant experience at N/SVQ level 3 to enable him to benefit from a work experience programme; or
• Students of an overseas college having reached at a level of study, which is relevant to the proposed work experience.

For this purpose the applicant needs to send copies of his academic /vocational qualification and / or work reference letter from the current employer.

6. What Documents to Submit?

For Leave to Remain Applications

In addition to the existing TWES permit holders who have to apply for leave to remain in line with their TWES permit extensions, only students can apply for leave to remain as TWES permit holder provided they qualify to apply in this category by fulfilling all the requirements. Please note that there is no requirement for a student to complete a degree before applying for this category.

Every body else needs to apply for entry clearance from outside the United Kingdom, once their TWES work permit is approved from the Work Permits (UK).

The applicants need to submit following documents along with a duly completed FLR (IED) to the Home Office:

• Original Passport of the main applicant and those of dependants, if any
• Copy of Work Permit TWES Intimation letter
• Two Pictures of the main applicant and the dependants, if any
• Fees for the application (Check if the fee is exempted)
• Proof of the relation of the dependants with the main applicant
• Original bank Statements for the last 3 months
• Training or work experience programme (In case of Extensions)

For Leave to Enter Application

The applicants need to submit following documents along with a duly completed Visa form (VAF1) to the British Diplomatic post:

• Original Work Permit TWES
• Original Passport
• Two Pictures
• Fees (Check if the fee is exempted)
• All educational / work experience documents of the applicant
• Any proof of competency in English language

Please note that Work Permit TWES is only issued on the assumption that the applicant will leave at the end of the TWES permit, in order to make use of this training and work experience in his home country. For this purpose he needs to establish that he has got sufficient family, social and economical ties with his / her home country that may be:

• Property Documents
• Business Documents
• Family tree
• Any memberships of professional bodies

7. Duration of Visa

• The TWES permit (Training for a professional or specialist qualification) is normally issued for an average time expected to complete the training up to a period of five years (The length of approval may be limited for new employers who have not been able to provide enough of the information detailed above).
• Initially the TWES permits (for work experience) are normally issued for a 12 months time period but if there is a special need or requirement of the work experience programme, then it can be extended to a maximum period of 2 years.

8. Right of Appeal

If the British Diplomatic Post refuses the entry clearance application of a work permit holder, the applicant has got a right of appeal that need to be lodged within 28 days of the receipt of refusal letter. The Entry clearance manager normally reviews the decision in the light of the grounds of appeal and may overturn the decision and decide to issue the visa. If the decision is not overturned in the review then the case is sent to the Asylum & Immigration Tribunal in the UK for a full Court Hearing.

9. Work Allowed

Work permit holders can only work for a specific employer in a specific position unless they get permission from the Home Office to make any changes. A TWES work permit holder CANNOT do any part time job in any case.

10. TWES Work Permits are not issued for?

TWES work permits are not issued to work

• in sports and entertainment sectors.
• For self employments.
• For multiple entry work permits.
• For works at the level below that N / SVQ level 3 or equivalent.

11. Change of Sector

A TWES work permit holder can only change his sector if he the another employer makes an application before the expiry of 3 months of his initial leave to remain / enter. The new employer needs to send a fresh TWES work permit application and fulfil all the requirements of such an application.

12. Extension of TWES Work Permit

The employer needs to submit WP1X form to seek an extension of the TWES work permit holder and needs to explain the reasons of extension.

• For a TWES (for work Experience) extension: It cannot be extended more than the aggregate amount of more than 24 months.
• For a TWES (Training for professional / special qualification) extension: It can be extended for an aggregate amount of more than 5 years provided the Work Permits (UK) is satisfied in granting such an extension.

13. Spouse / Unmarried Partner / Children

TWES Work permit holders can invite their spouse / children to join them as their dependants during the time of their stay provided they could support their families without recourse to public funds. The spouse of a work permit holder will be allowed to work / engage himself in business.

14. Switching Rules

Since 01^st of October 2004, there have been some major changes in the switching rules. TWES Work permit holders cannot switch to any immigration category in any case without leaving the UK. But there are two exceptions of this rule i.e.

• Spouse visa (Provided the applicant has been issued visa / leave to remain for more than 6 months initially and he has got more than 3 months of his current leave to remain).
• Religious Minister (Provided the applicant has remained in TWES work permit category for 12 months and is eligible to apply for this category.

15. Settlement Prospects

TWES Work Permits are issued on the assumption that the applicants would return to their home countries on the completion of their training and work experience. There are no settlement prospects for TWES permits holders unless they switch into one of the above immigration categories that lead to permanent settlement in the UK.