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Tier 1 Work Permit Application
A Tier 1 Work Permit Application involves a simplified work permit application procedure free from the recruitment requirements needed for Tier 2 Work Permit Applications. Tier 1 applications can only be used where the work permit application is for a:- Intra Company Transfer (ICT)
- Board Level Post
- Inward Investment-linked role
- Sponsored Researcher
- Skill Shortage Occupation
All other applications are considered Tier 2 Work Permit Applications. Tier 2 applications require the employer to conduct a recruitment search of the resident labour market before making a work permit application. The employer must prove that there were no suitably qualified resident workers available to do the job and that the only viable candidate was a non EEA worker (or that all suitable resident applicants have already been hired).
Intra Company Transfers (ICT)
Intra Company Transfers are used where multinational companies / groups wish to transfer established employees from outside the UK to a their UK operations. The main benefit of an Intra Company Transfer is that the UK employer does not need to fulfil any advertising criteria associated with the job.A company applying for an Intra Company Transfer must show that:
- It has a direct link with the overseas company by common ownership
- The post the employee is to transfer to requires an employee with specific company knowledge and experience. The knowledge/experience required should not be available in the resident workforce
The Employee must show that he or she:
- Has suitable qualifications, either:
- A degree qualification relevant to the job
- A degree qualification not relevant to the job and one years worth of experience
- No degree qualification and three years worth of relevant high level experience
- Has an employment history with the organisation. The employee must have worked for the overseas company for at least 6 months. Documentary evidence of the relationship (at least a reference on letterhead, ideally also e.g. payslips) must be produced
Once an Intra Company Transfer has been approved the employee needs to apply for Entry Clearance at a British Embassy/Consular post in their home country. Time spent in the UK on an Intra Company Transfer does not count towards Indefinite Leave to Remain or Citizenship.
Board Level Posts
Companies looking to recruit a senior board member from outside the European Economic Area (EEA) may do so by submitting a Tier 1 Work Permit application.When applying the Work Permit employer must show that:
- The post is a senior board role and carries a corresponding level of pay (£50,000pa would be a low level in most sectors)
- The person recruited for the role will have a daily input into directing the company at a strategic level
- The individual will not have more than a token equity participation (the work permit scheme is not designed for business owners)
The potential board member should have substantial experience, a minimum of 3 years experience at a similar level to the post on offer.
When making an application the company should provide a job description, references and an organisation chart.
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