In this section we deal with the following working and business categories, including responsibilities of Employers and Penalties for illegal employment - see subjects listed in the right column.

Work Permits

Work Permits are issued to non-EU citizens to take job vacancies in the UK if the Employer cannot fill the vacancy by advertising. It must be applied for by the UK employer. (Please note that, for the time being, workers from the new Accession States Bulgaria and Romania will also have to have Work Permits sponsored by the UK employer (see European Community). To qualify, the vacancy must require a minimum professional skill level, and in most cases a degree or NVQ 3 qualification is needed, but 3 years of experience of the skill required can be accepted as an alternative, if it is clear that the skill itself is at NVQ 3. Other options may also be acceptable - contact us for information. If you are already in the UK as a student, or medical trainee, and have obtained a graduate level qualification,(which must be from a UK college that issues its own degrees) an employer can apply for you. For the Immigration stay approval while in the UK the Work Permit holder must then complete the FLR (IED) form in order to apply for further leave to remain in the UK.

Shortage Occupations - The Work Permit Department lists occupations for which no advertising of the vacancy need be carried out. Unless a listed shortage occupation, the sponsoring company must prove they have made an attempt to recruit from within the resident EU work force by advertising the position for at least 28 days in a national broadsheet newspaper, relevant trade journal or relevant website.

Inter Company Transfer Permits

The Work Permit allows an employer to transfer a key member of staff to the UK from an overseas branch of their organisation. A permit for an Inter-Company Transfer (ICT) cannot be issued while the applicant is in the UK. To be eligible, the position the employer is seeking to fill must meet NVQ level 3 or above. To be eligible for the ICT the employee must have a level of knowledge from the overseas branch that is essential to the post in the UK company. The employee for whom the ICT is being sought must have been employed by the overseas company for at least six months prior to the application.

Training Work Permits

The Training and Work Experience Scheme (TWES) scheme allows a company or organisation to sponsor a non-EU citizen for training towards a professional qualification, or to gain practical work experience. A condition of the scheme is that the employee returns to their home country to utilise the experience gained in the UK. A TWES permit will only be granted to a person who is additional to the normal staffing requirements of the UK company, and cannot be used to fill a position within the company, and is normally for a maximum of 2 years, unless a professional examination course of longer duration (eg ACCA) is being followed. The trainee must intend to leave the UK on completion of their training or work experience and cannot be given another permit until they have spent a period of up to two years abroad using the skills they gained in the UK.

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Highly Skilled Migrant Programme

The Highly Skilled Migrant Programme (HSMP) is a points-based scheme to allow highly skilled people to move to the United Kingdom, or to apply within the UK if already here in certain categories, to take work or be self-employed, and although a high level job offer will assist the application a definite offer is not required for successful HSMP application. Fluency in English Language is essentail, and must be proved to IELTS standard. An HSMP visa will be granted for a period of two years initially. By the end of the second year you must be working and supporting yourself and any dependants from your high level skills in order to qualify for a three year extension of stay under HSMP. The minimum requirement to succeed with HSMP is 75 points

Doctors in General Practice - 50 points Due to shortages of Doctors in the UK an additional section for qualified doctors gives special extra points if they are willing to work as General Practitioners in the UK.

Conditions

MBA Scheme....................................75 points

MBA is needed from one of 50 Listed Institutions. Proof of an MBA from one of 50 eligible Institutions in the UK and abroad as listed by HM Treasury will give 75 points. Contact us for the up to date list.

APPLICANT'S AGE...........................5, 10 or 20 points

Younger applicants benefit with additional points and a requirement for a shorter period of work experience. The Government wishes to encourage young people with useful business skills. Applications from those aged 27 at time of application will attract 20 points; age 28 or 29 will attract 10 points, and age 30 0r 31, 5 points

EDUCATION.....................................30, 35 or 50 points

The basic qualification is a degree, but more points are given for a masters or doctorate. Some professional qualifications may count, if clearly at degree level or above.

UK EXPERIENCE..............................5 points

Points are given for established and proven experience in employment or Bachelor Degree level studies for at leat one year in the UK.

EARNINGS.......................................5 points up to 45 points

Earnings over the past 12 months will attract points. This section is country related, so that a fair comparison is made between low income countries and the high income countries. The income must be earned income, and not from investment. Proof of income supported by Tax and Bank papers will normally be required.

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International Graduate Scheme (IGS)

A scheme for students who have graduated, or are about to graduate with a UK Degree or higher UK qualification, to stay here for a year's employment of choice. While this scheme will not lead to a permanent stay, it gives the possibility of converting to a Work Permit / HSMP / Business / Innovator residence that can result in a permanent stay. The emphasis is on a UK degree qualification and not a qualification earned abroad.

Of course there are some conditions :-

Links to Government website lists of approved educational establishments

List of Recognised Bodies
Details of Listed Bodies

Business Investors

Businessmen wishing to set up a business in the UK must be able to invest £200,000 of their own personal funds into the business. They should usually have an established track record of successful business abroad, and the proposed UK business plan must show clearly that the business will be able to support at least two UK resident employees' salaries as well as the applicant and his/her family. Approval is given for two years initially, and will be extended by 3 years if the business is successful and continues to meet the requirements. After a total of 5 years permanent residence will be approved subject to continuing success of the business and employment of UK resident staff. Application must be made to a British Visa post abroad, unless you hold another UK Immigration Working or Business status, and the case will be referred to the UK office for a decision.

EEC Nationals

Full members of the European Community and nationals of Switzerland can live and work in the UK, either self employed, or as an employee. For business cases proof of self employment in the form of invoices to the business or accounts will support an application for a 5 year period of residence.

Writers, Artists and Composers

Any person with skills in writing books, composing music, painting or sculpture, who makes a living from their skill without having to take a job, and who can show the publication of their works or catalogues of their artistic works, can apply under this category. Applicants must be able to show accounts or bank statements together with supporting receipts for sales of their work. In assessing income, the cost of living in the UK should be taken into account. Two years is given initially to assess how the applicant is succeeding with the new self employment in the UK, and if it is clear that they have been able to support themselves and any dependants from their work, a further three years is given. Application must be made to a British Visa post abroad.

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Sole Representatives of Overseas Firms

Any Overseas Business that needs to have a representative based in the UK may support an application to a British Visa Post abroad for approval to move one of their senior and experienced staff to the UK.

The applicarion must be made to a British Visa Post abroad, and the business supporting the employee should be able to clearly show a good commercial reason for moving a staff member to the UK In addition, the employee must be an established senior member of the company, holding a position that indicates that his or her skills will be utilised inn the UK to undertakle the business activities required. The applicant should not be the owner of the business, but it is possible for one of the partners or directors, or, in a family business, a relative wh is a senior member of the company, to be considered acceptable as the Sole Repreesentative, however, the person selected must not be so senior in the company that the move to the UK means that the main business centre is moving to the UK. It must be clear that the company's main base will remain outside the UK.

The business must show that it can pay a salary to the employee that will support the employee adequately, taking into account the cost of living in the UK. Commission received on the UK business uindertaken is not permitted as the source of salary for the employee.

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Working Holiday

Young Commonwealth Citizens and British Overseas Citizens aged between 17 and 30 are able to come and work for 12 months in the UK as part of a two year working holiday. No extension beyond the two years can be given in this category. Applicants must have an intention to leave the UK at the end of the proposed working holiday, and show that they have enough funds to support themselves on arrival in the UK.

Many Working Holidaymakers decide to be self employed and offer a consultancy type of service while here,but it must be noted that if this comes to the attention of the Immigration Department, then action could be taken to cancel the working holiday as self employment is not allowed in this category. The problem would normally only come to notice if questionned by an immigration officer when travelling into the UK from journeys abroad during the period of the working holiday

UK Ancestry

Commonwealth Citizens who are descended from a UK born grandparent, and who have the birth and marriage documents to prove that line of descent, can apply to live and work in the UK. It is important in this category that the applicant is able and intends to work to support him/herself and any family accompanying them to the UK. A five year residence will be given, after which permanent residence can be applied for.

Self employment in this category is also permitted, but a full tax record and accounts as a self employed person would be needed at the end of the 5 years

Au Pair

Au Pair is an arrangement for young citizens of countries specified below to come and live with a host family for up to two years while learning the English language. Au Pairs can be paid only for domestic work with the host family and must not take a job or self employment in the UK. The scheme is designed to help the Au Pair to improve English language ability and the host family must be English speaking to support the students in their aim. Applicants must be single, aged between 17 and 27 and must not bring any dependants to the UK.

Countries approved for the Au Pair Scheme :- Andorra, Bosnia-Herzegovina, Bulgaria, Croatia, Faroe Islands, Greenland, Macedonia, Monaco, Romania, San Marino and Turkey.

On completion of the two years in this category, an application can be made for a further stay for up to six months for a holiday as a Visitor only, and no work can be undertaken. This will normally be approved provided the applicant has sufficient funds for their support during to holiday.

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Regulations for Employers

Since 1998 the law has been amended so that employers found giving work to people who are illegally in the UK can be prosecuted in the Courts. While a few cases have come before the courts, the problem of illegal employment continues to grow. Under the new proposals, when an employee is found to be here illegally, not only will the illegal employee be dealt with, a £10,000 automatic fixed penalty will be applied to the employer for each case. The Government recognises that the problem is much wider than just unlawful employment. Illegal labour usually means cash payments with no tax and national insurance contributions, and very low pay to the illegal worker, all of which means that employers taking on workers who are illegally in the UK are under-cutting the jobs market, and depriving lawful residents of jobs. It will not be long before the new proposals will be implemented, and for some employers, this could be expensive. Persistent use of illegal labour could even mean prison for the employer.

If as an employer you may be at risk, then you should have the identity documents of your employees checked, and keep a copy of documents on file that confirm that they can lawfully work in the UK. If they cannot produce such documents, then to ensure that you do not face penalties, you should remove any illegal employees from your company.

Future plans for employers include assessment of employers by 2008 as Category A or B sponsors for overseas workers. These grades will be given by Departmental examination of the records of the employer in all aspects of employment, and if an employer is found to be in breach of PAYE, National Insurance or Immigration regulations, or does not pay the agreed salary with work permit employment, it will not be possible for a sponsor to gain a categories A or B approval.

If you would like assistance with this, then please contact Cooper Tuff Consultants to arrange for advice and help with your record keeping and staff checking.

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