The business and commercial arrangements allow employers in this country to recruit people from outside the EEA who are going to be filling a vacancy that may otherwise be filled by a 'resident worker'.

Who can make an application?

Work permit applications are made by a UK-based employer in order to employ a non-resident worker to work in the UK. The person must be named for a specific position, normally on a full-time basis, and will become an employee of the UK employer with all relevant provisions related to a contract of employment in the UK.

The Vacancy:

There must be a genuine vacancy. The position must not have been created for the purpose of employing a particular candidate. The pay and conditions for the position must equal or exceed those normally given to a resident worker doing similar work in the same area.

The position must meet the minimum criteria for a Business and Commercial work permit. Either the position must require the following qualifications

1. a UK equivalent degree level qualification, or
2. a Higher National Diploma (HND) level qualification relevant to the position on offer
3. an HND level qualification which is not relevant plus one year of relevant full-time work experience at NVQ Level 3 or above

OR the position must require the following skills:

* 3 years full time experience using specialist skills gained during relevant work experience. The experience must be at NVQ level 3 or above.

The Applicant:

It is important that the applicant has the skills and experience necessary to do the job. In addition, the skills and experience of the candidate must meet the minimum requirements for a Business and Commercial work permit position as outlined above.

Application Categories:

There are two main types of application under the B&C work permit arrangements: Tier 1 or Tier 2.

Tier 1 permits involve a simplified procedure with no requirement for advertising within the EEA. They cover the following situations:

1. Intracompany Transfers (ICT): for employees of multinational companies who are transferring to a skilled post in a UK-based branch of the company. The UK company must have a direct link to the oversease company by common ownership. The applicant must be an established employee with specific essential company knowledge and experience that is not available from the resident workforce. The applicant should have at least 6 months experience working for the overseas company.
2. Board Level posts: covers senior board posts or posts at an equivalent level. The person must have personal daily input into directing the company at a strategic level and should have substantial senior board level experience (normally a minimum of 3 years).
3. Inward Investment: is for new posts that are essential to an inward investment project which is bringing jobs and finance to the UK. It is for investment in the UK by overseas companies, not individuals. The minimum level of investment is £250,000.
4. Shortage Occupations: covers occupations which are listed as in short supply in the EEA. These occupations are listed by Work Permits (UK) and are subject to revision and change to reflect market forces.
5. Sponsored Researchers: caters for applicants who have a job overseas and are being paid for that position but are coming to the UK to undertake a period of research at an employer/host organisation.

Tier 2 permits cover any other employment situation not covered by Tier 1.

Where to apply:

Work Permit applications are dealt with by Work Permits (UK), part of the Home Office Immigration and Nationality Directorate. Work Permits (UK) will usually deal with applications within four or five days.

In Country or Out of Country application?

Applications are made either In Country or Out of Country. If the applicant is able to switch from his or her current visa to a work permit without leavin the UK then the application is made as an 'In Country' application. If the applicant is not in the UK or cannot switch his or her current visa then the application will be made as 'Out of UK'. Rules relating to switching current visa status within the UK are dealt with below.

Documents Required:

Documentation generally required for all Tier 2 applications will fall into the following areas. For Tier 1 applications, advertising documentation is not required. In more specialised cases there may be additional documents required.

For the position:

1. A detailed job description for the position

For the candidate:

1. Copies of detailed employer references covering the last 3 years of the candidate's employment. These references should be on company letterhead, confirming the start date and finish date of the employment, the job title and a detailed explanation of the duties and responsibilities of the position together with any technical skills required for the role.
2. Copies of any tertiary and/or professional qualifications.
3. Copy of any previous work permit(s) held by the candidate.
4. Copy of the passport
5. CV
6. Details of salary and other remuneration that the candidate will receive.
7. Details of the location/s where the candidate will be working in the UK.

For the Advertising:

1. Copies of any advertisements placed in order to find someone from the UK/EEA. If published in print media, these advertisements should be either full-page showing the date and name of the publication in which they were run, or accompanied by a copy of the invoice from the publishers. If published online they can be screen prints again accompanied with the details of the source of publication (e.g. an agency).
2. A detailed explanation of the relevance of the advertising media to the position being offered and whether the advertising adequately covers the potential resident work force in the EU.
3. Details of responses to the above recruitment efforts explaining why the rejected applicants were not suitable, as well as a breakdown confirming the number of resident worker applicants in contrast to the number of non-resident applicants

For the Employer, if this is the first application or no application within the past 5 year or the name and address of the company have changed during the past 5 years:

1. Copy of the latest annual report and accounts.
2. Copy of the certificate of incorporation
3. Copy of the office lease
4. Copy of the VAT registration certificate
5. Copy of corporate brochures / publicity material

What to do if the work permit is successful

Under the current Immigration Rules, some overseas nationals may apply to switch in to work permit employment without leaving the UK, after the work permit application has been approved:

1. A student who has obtained a degree level qualification on a UK recognised degree level course, or
2. A postgraduate doctor or dentist or trainee general practitioner with a permit to work as a doctor or dentist, or
3. An overseas national here to undertake the PLAB test, a clinical attachment or a dental observation post with a permit to work as a doctor or dentits, or
4. A student nurse, overseas qualified nurse and midwife with a permit to work as a nurse, or
5. A Working Holiday Maker who has been in the UK for more than 12 months who holds a valid work permit approval for an occupation listed on the shortage list at the time of issue, or
6. An HSMP holder, or
7. An Innovator, or
8. An overseas national on a Science and Engineering Graduate Scheme (SEGS), or
9. A participant of the Fresh Talent Working in Scotland scheme with a permit to work in Scotland, or
10. A person who is present in the UK and has existing leave as an Academic Visitor to switch into employment as a Sponsored Researcher.

The person should not commence work until they have received approval for further leave to remain against the work permit decision, unless their current valid visa allowed them to work in the UK until their leave to remain application was decided.

Notes

A 'resident worker' is a person who is a European Economic Area (EEA) national or a person who has settled status in the UK within the meaning of the Immigration Act 1971 as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002.

The EEA member countries are: Austria, Belgium, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, UK. Nationals from Czech Republic, Estonia, Latvia, Lithuania, Poland and Slovakia are required to register under the Worker Registration Scheme.