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Work Permit Requirements

Work Permit applications are dealt with by the Border and Immigration Agency (BIA), a department of the Home Office. When accessing work permit applications the BIA must ensure that certain work permit requirements have been met. Where work permit requirements have not been met a work permit will not normally be approved.

Are you looking to make a work permit application? If so call Commonwealth Contractors now on 0800 294 4388; our OISC registered immigration partners can help you find out about work permit requirements and whether we can help. We work with a number of private immigration firms that can ensure a successful application. Failed work permit applications can be costly and very time consuming.

In some circumstances it may actually be better to outsource the work to a 3rd party consultancy as a Managed Project. To find out about 3rd party consultancies who are able to provide work permit sponsorship where appropriate call Commonwealth Contractors now on 0800 294 4388!

List of Work Permit Requirements

The work permit employer must be based in the UK
There must be a genuine vacancy for the employee
The work permit application must be made to employ a named person to do a specific job (Once approved the employee cannot take another job in the UK or undertake a different duty for the employer without the employer making a successful work permit transfer application)
The employer must show that it has made a genuine attempt to recruit a resident worker (With the exception of tier 1 work permit applications and work permit transfers)
The employee must have the skills, qualifications and experience to undertake the job
The work permit employer must have clear responsibility for the employee
Where the employee is recruited by the work permit employer to provide services further to a service contract the employer should demonstrate that it is clearly responsible for the delivery of the project/service. The service contract (signed by all parties) must be submitted for review
The employer must operate a PAYE scheme (registered with the HMRC) and deduct Class 1 National Insurance from the gross pay of the employee
Gross pay must be at least equal to that of a ‘Resident Worker’
The work permit employer must comply with all UK legislation and licensing, including:
- Paying the work permit employee in excess of National Minimum Wage (NMW) at all times
- Complying with Working Time Regulations (WTR)
A contract of employment should exist between the work permit employer and employee
The employee should not have a significant shareholding of more than around 10% in the work permit employer

This list should not be considered conclusive.

To find out more about Work Permit Requirements call Commonwealth Contractors now on 0800 294 4388 or submit your details and we will get right back to you.

Related Work Permit Sponsorship Pages:

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