The work permit application procedure is a two-way procedure; one has to apply for leave to remain (for in country applications) or for leave to enter (for out country applications) after the approval of work permit application by the Home Office Work Permits (UK). It can be summarised as following:

In country applications - Leave to remain
• Out country applications - Leave to enter

In country Application

In order to apply for a work permit visa, a UK based employer needs to apply for a work permit to the Home Office Work Permits (UK) for the applicant. In this case the employer will receive an intimation of the approval of the work permit, (not the original work permit) from the Work Permits (UK), if the work permit is approved. Once the employer receives such an intimation letter then the applicant needs to apply for leave to remain using the form FLR (IED) to the Home Office for getting leave to remain. Once the leave to remain application is approved the Home Office sends an In-country work permit and endorses the applicant's passport with the required period of time.

A person cannot commence the employment unless he has got leave to remain for such an employment. There is an exception, in change of employment cases where a work permit holder can commence his new employment and continue to be employed until the expiry of six months from the issuance of intimation letter or expiry of existing leave to remain, which ever is sooner.

Out country Application

In order to apply for a work permit visa, a UK based employer needs to apply for a work permit to the Home Office Work Permits (UK) for the applicant. Once the employer receives a work permit for its prospective employee he sends that original work permit to the applicant oversees and the applicant needs to apply for an entry clearance / visa to the British Diplomatic Post on the basis of the original work permit and other relevant documents.

Please note that an In-country work permit and an Out country work permit are two different documents which can only be used in the respective ways. Meaning thereby, an intimation of work permit cannot be used to apply for entry clearance from a diplomatic post and in the same way an out country work permit cannot be used to apply for leave to remain in the UK. One must make sure that he has got correct document to make an application.

2. Who Can Qualify for a Work Permit?

A person can apply for a work permit if he has got either

• A UK level degree; or
• HND level qualification which is relevant to the post on offer; or.
• HND level qualification which is not relevant to the post on offer plus one year of relevant full time work experience at National / Scottish Vocational Qualification level 3 or above; or.
• At least three years of work experience at N/SVQ level 3 or above, which is relevant to the job on offer.

3. What Documents to Submit?

For a Work Permit Application

The UK based employers need to send a duly completed work permit application to the Home Office Work Permits (UK) along with all or most of the following documents:

• Fees (Check if fee is exempted)
• 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
• Proof of placement of a suitable Advertisement (If it is a Tier 2 Application)
• All the academic and work experience documents of the applicant

This is not an exhaustive list and the Work Permits (UK) may need to ask for further information.

For a Leave to Remain Application

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 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
• Original Degree (If the applicant is a student)
• Original Pay slips, if the applicant is already a work permit holder.

For a 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
• Original Passport
• Two Pictures
• Fees (Check if the fee is exempted)
• All educational / work experience documents of the applicant

Please note that if the work permit is for duration of 12 months or less, the applicant must show that he has an intention to leave the UK on the expiry of work permit. For this purpose he needs to establish 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

4. Duration of Visa

The maximum period for which a work permit could be sought is five years. The applicants are normally issued a visa for the duration of the work permit; however the work permit holders can always apply for an extension of visa while remaining within the UK, if it is not the case.

5. 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.

6. 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 work permit holder can do a part time job, if the job:

• is outside of their normal working hours;
• is no more than 20 hours per week;
• is in the same profession and at the same professional level for which the holder's work permit was issued; and
• is not employed by a recruitment agency, employment agency or similar business to provide personnel to a client.

Please note that Multiple Entry Work Permit Holders are no permitted to take supplementary employment.

7. What is not allowed?

The work permit holder is not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining further permission from the Home Office.

8. Change of employment

A work permit holder can always change his employment, and his new employer needs to send a fresh work permit application and fulfil all the requirements of such an application. There might not be any need of looking for a suitable resident worker if the applicant is moving to the same Job title having similar duties and responsibilities.

9. Extension of Leave to remain

Once the work permit holder gets a work permit approval letter, he needs to make a further leave to remain application. But he can commence his new employment on the strength of that intimation letter and continue till his existing leave to remain expires or till the expiry of 6 months from the date of issuance of the work permit approval letter.

10. Spouse / Children

Work permit holders can invite their spouse / children to join them as their dependants during the time of their employment 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.

11. Switching Rules

Work permit holder can switch as student provided that course is at graduate level.

12. Settlement Prospects

Work Permit holders who have remained in the UK for 5 years can apply for an Indefinite leave to remain in the UK provided they have continuously met all the requirements of the work permit holder during the 5 years of employment.

There is another option available for work permit holders to get permanent settlement in the UK i.e. Long-term residence. If a person remains legally in the UK continuously for 10 years or more, he can apply Indefinite Leave to Remain in the UK.