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Work for which Work Permits are not approved
UK Work Permits are not approved for unskilled work, self employment or the supply of personnel to a client. If you’re a freelance contractor considering working in the UK call Commonwealth Contractors now on 0800 294 4388; via our OISC registered immigration partners, your work visa options can be explored.Unskilled Work
A work permit application can only be made by an employer wishing to recruit a skilled worker. Where the employment is unskilled the application will fail.When making a work permit application the employer will either make a Tier 1 Work Permit Application or a Tier 2 Work Permit Application. Tier 1 applications allow employers to hire skilled workers in skill shortage occupations without the need to satisfy any advertising criteria. Tier 2 applications allow employers to hire non EEA nationals only where they have been unable to recruit a suitably skilled resident worker. The employer must conduct a recruitment search if wishing to make a tier 2 work permit application.
Degree copies and Professional References are required for both work permit application types to prove the candidate has the appropriate skills and experience to undertake the job. Candidates are normally required to have at least:
- 1 years professional experience (references required) if they have a degree. Theoretically fresh graduates with a relevant degree can get a permit without prior work experience, but this is rarely appropriate outside the graduate intake streams of large multinational companies.
- 3 years professional experience (references required) if they do not have a degree
Self Employment
It is not possible to make a work permit application if you’re self employed. If you are self employed you should consider a work permit alternative such as a Tier 1 (HSMP) visa. A work permit application will also be rejected where you have or have had a significant interest in the company making the work permit application. If you have a shareholding of more than around 10% in the work permit employer the application will more than likely be refused. Owner-managers of businesses are expected to get an Entrepreneur visa for which they have to invest £200k and employ two EU nationals.Many freelance contractors (specifically in IT) run their own contractor limited companies while working in the UK. If you run your own contractor limited company and want to discuss your long term work visa options call Commonwealth Contractors now on 0800 294 4388. We may be able, via our OISC registered immigration partners, to help with a Tier 1 (HSMP) or where appropriate put you in touch with consultancies that take on Managed Projects. These consultancies recruit internationally for their Managed Projects and are prepared to provide work permit sponsorship where appropriate.
Supply of Personnel to a Client
It’s not possible to make a work permit application where the sponsoring company intends to supply personnel to a client. If you’re a Recruitment Agency call Commonwealth Contractors now on 0800 294 4388 for details of work visa options for non EEA nationals.Historically Recruitment Agencies took advantage of the work permit scheme by bringing in non EEA nationals to the UK and sitting them on the bench. Once a client requirement was agreed the Recruitment Agency would put forward the Non EEA national for the job in front of a resident worker. To prevent this, in September 1996 the rules were changed to require sponsorship to come from the de-facto ultimate employer of the overseas national.
Recruitment Agencies have two options available if unable to find a suitably qualified resident worker. They can either assist the client in making a work permit application (our OISC registered immigration partners can help here) or where the work is suitable for outsourcing engage a 3rd party supplier to undertake the work. Many consultancies, specifically in IT have the skills and experience to undertake any assignment. Where skills do not exist in house the supplier may recruit internationally and apply for a work permit for a non EEA national.
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