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Work Permit Transfer

Officially there is no such thing as a Work Permit Transfer as Work Permits are not transferrable; they require a fresh application to be made by a prospective employer, known as a Change of Employment Application. However, since ‘Change of Employment Application’ is widely referred to as a ‘Work Permit Transfer’, we will use the term Work Permit Transfer rather than Change of Employment Application.

Transferring a Work Permit

If you wish to employ a person currently in the UK on a Work Permit with another company you will need to apply to the Border and Immigration Agency (BIA) for permission.

There is no need for the employer to conduct a recruitment search (as required with Tier 2 Work Permit applications) so long as the work permit transfer is made:

Before the candidate leaves their current employer, or
Within 28 days of the candidate leaving their previous employer, and while they still have current leave to remain

A recruitment search is however required where the Work Permit holder’s proposed new role is substantially different to that for which the original work permit was approved e.g. if the candidate is moving from a computer networks position to a business analyst role. The only exception is where the new job is considered under the Tier 1 Work Permit arrangements.

Submitting a Work Permit Transfer Application

When submitting a work permit transfer the prospective employer is not always required to submit evidence of candidate skills, experience or qualifications as the BIA will usually have documents on file from the original application. However, it is as well to have such documents to hand as it may be quicker for you to send in such copies rather than force the BIA to wait while old copies are retrieved from archive. The prospective employer should submit a completed work permit application form along with a copy of the candidate’s work permit, any service based contracts (if working on a client site) and documents to prove that the company is a UK employer capable of offering the job (If no previous work permit application has been made by the company within the last 5 years).

Work Permit Approval

The candidate is not allowed to start work for the new employer until the work permit transfer has been approved. A Letter of Permission is sent to the new employer by the BIA once the transfer has been granted and the work permit holder should gain Further Leave to Remain (FLR). It is strongly recommended that FLR applications are made immediately but where this is not possible the work permit holder may start to work on their existing Leave to Remain. However, a successful FLR application must be made within 6 months of the work permit transfer and also before existing leave to remain expires.

Employers recruiting candidates who are currently in the UK on Multiple Entry Work Permits should be away that they are not transferrable. The prospective employer is required to make a fresh application and the candidate will have to return home in order to gain Entry Clearance.

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

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