Chapter 17 - Entry for employment: work permits

17.1	How to decide what Rules apply in employment (or employment-related) cases
17.2	The purpose of the work permit arrangements
17.3	Who administers the work permit arrangements
17.4	The different types of work permit
17.5	Applying for a work permit
17.6	Processing time for a work permit
17.7	Advising on whether a work permit is needed
17.8	Replacement of work permit
17.9	Validity of a work permit
17.10	Expiry of a work permit
17.11	Letters of Approval
17.12	Requirements for entry clearance for holders of ordinary work permits and Letters of Approval
17.13	Assessing work permit entry clearance applications
17.14	Requirements for entry clearance for spouses / civil partners and dependent children of work permit holders
17.15	The Training and Work Experience Scheme (TWES)
17.16	Entry clearance endorsements
17.17	Sector Based Scheme (SBS)
17.18	Highly Skilled Migrant Programme (HSMP) (includes MBA provision) This guidance is now part of the Points Based System (PBS) Tier1 guidance published on main UK Border Agency website
17.19	Dealing with applications for entry clearance where immigration documents have been fraudulently obtained
17.20	Refusal of applications from holders of immigration employment documents
17.21	Bogus employment agencies
17.22	Multiple Entry Work Permit (MEWP)

Annexes

17.1	Example of work permit
17.2	Guide for employers: business and commercial (Form WP1)
17.3	Guide for employers: training and work experience (Form WP2)
17.4	Guide for employers: work permit applications for entertainers and sportspersons (Form WP3)

Chapter 17 - Entry for employment: work permits

17.1 - How to decide what Rules apply in employment (or employment-related) cases
When a person applies to enter the UK for employment or an employment-related purpose, you should decide into which of the following three categories the application falls and refer to the chapter indicated:

• a visit, e.g. for an interview; for a business visit; an entertainer for an audition or personal appearance; sportsperson for a trial: see the chapter on Visits (Chapter 10);
• to take up a job for which a work permit is not required because there is special provision (or a concession) for entry to the UK for such employment: see the chapter on Non-Work Permit Employment (Chapter 18);
• to take up a job for which a work permit is required: see the guidance in this chapter.

17.2 - The purpose of the work permit arrangements
The work permit arrangements enables UK employers to recruit or transfer key personnel from outside the European Economic Area (EEA) while safeguarding the interests of the resident labour force in the UK. There are separate provisions for EEA nationals - see Chapter 21 on this subject.

17.3 - Who administers the work permit arrangement
Thw UK Border Agency administer the work permit arrangements and all work permit applications are decided (and issued) by them.

The UK Border Agency is part of the Home Office. The address is:

UK Border Agency
Managed Migration
Home Office
PO Box 3468
Sheffield S3 8WA

Telephone: 0114 207 4074

The UK Border Agency issue guidance leaflets examples of which are given in the following annexes to this chapter:

Annex 17.2	Guide for employers: business and commercial (Form WP1)
Annex 17.3	Guide for employers: training and work experience (Form WP2)
Annex 17.4	Guide for employers: work permit applications for entertainers and sportspersons (Form WP3)

17.4 - The different types of work permit
There are two types of work permit:

• The ordinary work permit, which is also used for the Training and Work Experience Scheme (TWES). Shown at Annex 17.1.
• A Letter of Approval, which is used instead of individual work permits when a large group of persons are travelling together. Further explained in the section below on this subject.

17.5 - Applying for a work permit
The prospective UK employer applies for the work permit to the UK Border Agency. They will send the work permits to the employer who is then responsible for getting the work permit to the employee.

17.6 - Processing time for a work permit
If the application is straightforward, the UK Border Agency process 70% of applications within 5 working days. It may take longer if the UK Border Agency have to request additional information.

17.7 - Advising on whether a work permit is needed
If you are unsure whether a person will require a work permit for a particular job in the UK, you should contact ECO Support in the first instance.

The UK Border Agency do not decide who requires a work permit. Applicants should not be asked to obtain a letter from them stating whether or not a work permit is needed.

17.8 - Replacement of a work permit
When a person wishes to apply for a replacement work permit (because there has been a delay on their appeal against the Entry Clearance Officer's decision) you should tell them that this must be done by the employer who originally applied and they will need to provide evidence of the delay i.e a copy of the successful appeal determination to the UK Border Agency. They should also be told that this needs to be done no later than one month after the date of written notification of the determination.

17.9 - Validity of a work permit
Work permits are valid for the period of employment, normally up to a maximum of 4 or 5 years. The work permit specifies that the holder must present it to a UK Immigration Officer within six months of issue. Entry Clearances, including those for dependants, should be limited to the validity of the work permit.

17.10 - Expiry of a work permit
A work permit which has expired or is likely to expire before the expected travel date of the holder should be sent back by the applicant to the prospective UK employer who should in turn return it to the UK Border Agency. They may, in appropriate cases, issue a new work permit.

17.11 - Letters of Approval
Letters of Approval are issued in place of separate work permits where a UK employer applies for groups of 20 or more persons to enter the UK for employment in sport or entertainment. Separate work permits would normally be issued for individuals where a group of people consists of 19 or less. Letters of Approval are not given serial numbers (as are work permits).

The UK Border Agency send Letters of Approval direct to the immigration control of the UK port at which the overseas group will be arriving. You will, therefore, normally only see a copy of a Letter of Approval when a visa national makes an application for entry clearance in this category.

As with ordinary work permits, you should check that the personal details appearing on the Letter of Approval agree with those on the passport and entry clearance application.

17.12 – Requirements for entry clearance for holders of ordinary work permits and Letters of Approval( Rules Paragraph 128)

Prior entry clearance is only mandatory for visa nationals

Entry clearance as work permit holder may be granted if you are satisfied that the applicant:

• holds a valid work permit and;
• is not of an age which puts him/her outside the limits for employment and;
• is capable of undertaking the employment specified in the work permit and;
• does not intend to take employment except as specified on the work permit;
• intends to leave the UK on expiry of the work permit (where a work permit is due to expire within 12 months);
• is able to be maintained and accommodated (and any dependants) adequately without recourse to public funds.

17.13 - Assessing work permit entry clearance applications
You should check the details on the work permit to ensure they match those on the applicant’s passport and entry clearance application form. Where there is only a minor discrepancy between the particulars on a passport and you are satisfied that the applicant is the rightful holder of the work permit, entry clearance should be granted. However, where more serious discrepancies occur, you should instruct the applicant to return the work permit to the prospective employer so that it may be corrected by the UK Border Agency.

The original work permit must be presented. Fax copies are not generally acceptable, as they can be easily forged. Fax copies must only be accepted in extreme circumstances, if the ECO is satisfied that it was the genuine permit that was faxed.

Ability to undertake the employment
You are not asked to assess the applicant’s job skills although you should defer an application and consult the UK Border Agency if there are obvious doubts about the applicant’s physical and/or professional ability to undertake the employment specified and the applicant is unable to give a satisfactory explanation.

Deferrals should be sent to the referrals mailbox marked for the UK Border Agency.

Intention to leave the UK
Only in the case of those granted short-term work permits (12 months or less) do you need to ensure an applicant intends to leave the UK when the permit expires. A section of the Chapter on Visits deals with some points for consideration on the question of intention to leave the UK.

17.14 - Requirements for entry clearance for spouses / civil partners and dependent children of work permit holders
Leave to enter cannot be granted to a person as the spouse or dependent child of someone admitted as a Multiple Entry Work Permit (MEWP) holder. The provision in the Immigration Rules for the admission of spouses/civil partners or dependants of work permit holders set out in Rules Paragraph 194-199, do not apply to the spouse, civil partner or dependents of those admitted under Rules Paragraph 199B Paragraph for MEWP employment. However, an entry clearance issued to an MEWP holder under Rules Paragraph 199 has the same endorsement as that issued under the normal Work Permit/TWES category.(Rules Paragraphs 128 and 166) Therefore, in order to ensure that the sponsor is entitled to bring dependants into the UK, the ECO will need to check the original work permit. Where the sponsor is a MEWP holder, dependants should be advised that they are not eligible to apply to join the sponsor. See also 17.22

Entry clearance for spouses / civil partners and dependent children of work permit holders is mandatory

For a person to qualify for admission as the spouse / civil partner of a work permit holder, you must be satisfied that:

• he/she is married/entered into a civil partnership to a person who has been granted entry clearance as a work permit holder;
• each of the parties intends living together during the work permit holder’s stay and the marriage/civil partnership subsists;
• there will be adequate accommodation for the parties (and any dependants) without recourse to public funds in accommodation which they own or occupy exclusively;
• the parties will be able to maintain themselves (and any dependants) adequately without recourse to public funds;
• he/she does not intend to stay in the UK beyond any period of leave granted to the work permit holder.

The Rules on unmarried partners apply to dependants of work permit holders (see Chapter 13.13).

When assessing the intentions of the dependants, the ECO should concentrate on whether the dependant intends to remain only as long as the work permit holder, rather than concentrating on the dependant's intention to leave the UK. Where the dependant expresses a desire to remain in the UK on a permanent basis, the ECO should assess simply whether they intend to remain beyond the period given to the permit holder. Where the permit is valid for 4-5 years or more, refusal of dependants on intentions is inappropriate, as they would qualify for indefinite leave to remain after that time.

For a person to qualify for admission as the dependent child of a work permit holder, you must be satisfied that:

• he/she is the child of the person granted entry clearance as a work permit holder;
• he/she is under 18 years;
• he/she is unmarried, has not formed an independent family unit and is not leading an independent life;
• he/she can and will be maintained and accommodated adequately without recourse to public funds in accommodation which is owned or occupied exclusively by his/her parents;
• he/she will not stay in the UK beyond the leave granted to his/her parent(s);
• both parents are being issued with entry clearance except where:

	-	the child is joining/accompanying the sole surviving parent; or
	-	the parent has sole responsibility for the child’s upbringing; or
	-	there are exceptional reasons for allowing entry and suitable arrangements have been made for the child’s care.

As a concession outside the Immigration Rules, entry clearance officers have the discretion to issue entry clearance to children over the age of 18 or dependent parents of work permit holders who are intra company transferees, provided that:

• the work permit holder is an intra company transferee who has been posted to the United Kingdom by his/her employer; and that the applicant:
• is genuinely dependent upon the work permit holder; and
• is, and intends to remain, part of the family unit; and
• will not seek to remain in the United Kingdom beyond any period of leave granted to the work permit holder.
• The Managed Migration Intelligence Unit investigates allegations of potential work permit abuse and carry out post-issue checking. Their contact details are as follows:
  Telephone: 0114 279 3480
  Fax: 0114 279 3482
  Email: workabuse@homeoffice.gsi.gov.uk

17.15 - The Training and Work Experience Scheme (TWES)   (Rules Paragraph 116)

The purpose of the scheme
Under the scheme overseas nationals can go to the UK for training towards a professional or specialist qualification or to undertake periods of work experience providing the posts are additional to the employers normal staffing requirements.

The scheme assists UK businesses and organisations in their international development and helps other countries by increasing the skills and experience of their citizens.

Administration and information on the scheme
As with the arrangements for ordinary work permits, the UK Border Agency administer the TWES. Similarly the guidance on work permits contained in the sections above applies to this scheme, e.g. on who applies, replacement etc, with the exception of validity.

The normal validity of a TWES work permit is 12 months. The UK employer may apply for an extension if necessary.

Requirements for entry clearance for holders of TWES work permits

Prior entry clearance is only mandatory for visa nationals or those issued work permits for more than 6 months

Entry clearance as a TWES work permit holder may be granted if you are satisfied that the applicant:

• holds a valid TWES work permit and is capable of undertaking the training or work experience specified;
• intends to leave the UK on completion of the training or work experience;
• does not intend to take employment except as specified on the TWES permit;
• is able to be maintained and accommodated (and any dependants) adequately without recourse to public funds.

You should consider the same points for assessment as are described in the section above on ordinary work permit entry clearance applications.

Requirements for entry clearance for spouses/civil partners and dependent children of holders of TWES work permits

Prior entry clearance is mandatory

The entry clearance requirements for spouses/civil partners and dependent children of persons in this category are the same as those for Work Permit holders (see above).

17.16 - Entry clearance endorsements
Those holding ordinary work permits or TWES permits should be given entry clearance endorsed ‘D: Work permit No ...’ Code 2.

Those holding Letters of Approval should be given entry clearance endorsed ‘D: DFEE letter No ...’ Code 2.

Spouses/civil partners and dependent children should be given entry clearance endorsed ‘D: TO JOIN/ACCOMPANY HUSBAND/CIVIL PARTNER/WIFE/PARENT(S).' CODE 1.

17.17 - Sector Based Scheme (SBS) ( Rules Paragraph 135I - 135K )

The purpose of the scheme
The Sectors Based Scheme (SBS) is administered by the UK Border Agency and allows UK based employers to recruit people from outside the European Economic Area (EEA) to take work permit employment in certain lower skilled jobs in the food manufacturing sector. The scheme is intended to alleviate labour shortages in this sector and the UK Border Agency operates a quota system assessing the needs of the sector and the prevailing economic conditions. UK employers apply for SBS work permits on behalf of their prospective employees.

The Government decided that from 1 January 2007, Bulgarian and Romanian nationals should have gradual access to the UK labour market. As a result, fresh SBS work permits will only be issued to Bulgarian and Romanian nationals, although extensions are possible for existing holders provided they meet the criteria.

The UK Border Agency can issue permits for the following jobs in the food-manufacturing sector:

• Fish filleters (preparing and cleaning fish)
• Fish packers (packing and labelling fish)
• Fish process operatives (operating, minding, cleaning machines that prepare fish)
• Animal gut remover
• Meat bone breaker
• Meat bone extractor
• Meat cold store operative
• Meat cutter
• Meat packer
• Meat process operatives
• Meat slaughter person
• Lairageman (pre-slaughter animal welfare attendant)
• Trimmer (trims fat from and shapes meat, after it has been boned and cut)
• Mushroom processor (tending, picking, grading and packing mushrooms)

Who is eligible
The scheme is now open to only Bulgarian and Romanian nationals, although extension application from existing non-EEA national SBS participants are allowed provided they meet the criteria. Participants must be between the ages of 18 and 30. There is no limitation on the number of times a person may participate in the SBS scheme but there must be a gap of at least 2 months between departure from the UK and re-entry on a subsequent permit, although the requirement to leave the UK has been waived for Bulgarian and Romanian nationals. Like other work permits, SBS permits are valid for 6 months for presentation at an entry clearance post.

There is no provision for dependants to accompany of join an SBS work permit holder.

Entry Clearance

Prior entry clearance is mandatory

Entry Clearance as a Sector Based Scheme work permit holder may be granted under Paragraph 135I of the Immigration Rules if you are satisfied that the applicant:

• holds a valid Home Office immigration employment document issued under the Sector Based Scheme, and
• is not of an age which puts him/her outside the limits for employment, and
• is capable of undertaking the employment specified in the immigration employment document, and
• does not intend to take employment except as specified in his immigration employment document, and
• is able to maintain and accommodate himself/herself adequately without recourse to public funds, and
• intends to leave the United Kingdom at the end of his/her approved employment.

Granting leave to enter
Entry Clearance may be granted for the period specified on the work permit, up to a maximum of 12 months and should commence on the date the applicant is due to arrive in the UK.

Endorsement

'D:SBS WORK PERMIT' CODE 2

17.18 - Highly Skilled Migrant Programme
This guidance is now part of the Points Based System (PBS) Tier1 guidance published on main UK Border Agency website 

17.19 - Dealing with applications for entry clearance where immigration documents have been fraudulently obtained. Rules Paragraph 320(15) of the Immigration Rules

ECOs may verify any statements made or evidence produced by an applicant in order to be satisfied that an application is credible. Entry clearance should be refused under Paragraph 320(15) of the Immigration Rules where deception has been used to obtain an immigration employment document. These include ordinary work permits, TWES permits, HSMP approval letters, SBS permits and Seasonal Agricultural Workers Scheme (SAWS) work cards (see Chapter 18 on SAWS).

17.20 - Refusal of applications from holders of immigration employment documents
When an application for entry clearance from a person holding an immigration employment document is refused, the document is invalidated by that decision. It should, therefore, be impounded and returned to the UK Border Agency with a copy of the refusal notice. Should the refusal subsequently be overturned at appeal, the UK Border Agency will issue a replacement document at the employer's request, subject to the job still being available.

17.21 - Bogus employment agencies
Background
People abroad seeking employment in the UK sometimes use the services of employment agencies. Although most of these are reputable, reports are received from time to time of advertisements in newspapers abroad placed by bogus agencies based in the UK. These usually promise that employment with high wages is readily available in the UK.

People answering these advertisements are usually sent a prospectus along with a demand for a registration fee. On receipt of the application form and fee, the bogus agency may well contact the client and possibly supply names and addresses of prospective employers. This is done without the knowledge of the firms concerned, and there is usually no mention of the need to obtain a work permit or satisfy other immigration requirements.

Action to be taken by Posts
If the Home Office decide to take legal action against bogus agencies, appropriate papers need to be produced to a court as quickly as possible (and at most within six months of an alleged offence).

Posts should report full details, including a copy of the advertisement, to:
The UK Border Agency Intelligence Section, Status 3, Status Park, Nobel Drive, Harlington, hayes, Middlesex UB3 5EY, copied to MMSR, Home Office and UK Border Agency, Visa Services Directorate.

Posts may, at their discretion, make oral representations to editors of local newspapers or make other enquiries orally about the bogus nature of advertisements placed by these organisations. A Post should not issue a letter locally on the subject of bogus employment agencies, say to a newspaper, without prior reference to UK Border Agency, Visa Services Directorate.

Where an applicant for entry clearance produces a bogus offer of employment, you should ask for as much detail about the agency from which the offer came, including names, full address, fees charged etc. You should also try to obtain a full copy of the newspaper/magazine in which the job was advertised. In these circumstances, a report should be sent immediately to UK Border Agency, Visa Services Directorate as above. Appropriate papers should follow by bag.

The applicant should be told that a work permit is necessary and given an explanation of the work permit scheme.

17.22 - Multiple Entry Work Permit (MEWP)
The Multiple Entry Work Permit (MEWP) is designed for employees travelling regularly for short periods of work permit employment with the same employer in the United Kingdom and Northern Ireland. It is not valid for the Training and Work Experience Scheme (TWES).

The MEWP is valid for between six months and two years for individual work permit holders. For sportspeople and groups of entertainers the maximum period is 12 months.

MEWP holders do not qualify for indefinite leave to remain in the UK (in other words they cannot apply for permission to stay in the UK with no time limit).

MEWP holders must support themselves and live without taking other employment or needing any help from public funds.

They cannot bring their husband, wife, civil partner or dependent children with them to the UK.