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Frequently Asked Questions

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  2. Frequently asked questions
A Tier 2 UK work permit is an employer specific work permit designed for professionals, executives or highly skilled persons who bring value to the UK and their employer. There is no age limit for Tier 2 work permits.

A Tier 5 Youth Mobility Scheme visa allows Commonwealth citizens aged between 17-30 years to stay in the UK for a maximum of two years.
No, you can remain in the UK while the new work visa application is considered.
No, as a Tier 2 General migrant you are not allowed to enter self-employment, establish a business, or join another business as a director or partner.
Only overseas nationals in the following categories are allowed to switch to a work permit from within the UK:
  • Any Tier 1 or Tier 4 category
  • Tier 2 (General)
  • Tier 2 (Sportsperson)
  • Tier 2 (Minister of Religion)
  • Tier 2 (Intra-Company Transfer: Established Staff) if you are applying to change sponsor
  • Tier 2 (Intra-Company Transfer), under the rules in place before 6 April 2010 if you are applying to change sponsor
  • Tier 5 (Temporary Worker) in the Government Authorised Exchange sub-category, for a job as an overseas qualified nurse or midwife
  • Tier 5 (Temporary Worker) in the Creative and Sporting sub-category, for a job as a professional footballer
  • Dependant partner of a Tier 4 migrant
  • Highly Skilled Migrant Programme
  • Innovator
  • Business and Commercial work permits (except multiple entry work permits)
  • Sports and Entertainment work permits (except multiple entry work permits)
  • Jewish Agency Employee
  • Member of the Operational Ground Staff of an overseas-owned Airline
  • Minister of Religion, Missionary or Member of a Religious Order
  • Overseas Qualified Nurse or Midwife
  • Person Writing Up a Thesis
  • Postgraduate Doctor or Dentist
  • Representative of an Overseas Business
Yes, you may be eligible for a work permit depending on your current UK visa status and your skills and qualifications.
A work permit can be granted for any period between one day and 3 years. An extension of leave can be sought for a further 2 or 3 years depending on the category of visa.
Depending on your current immigration status you may be able to work while your work permit application is being processed. Contact one of Visalogic’s qualified consultants to discuss the specific details of your work permit application.
Yes, you must have a job offer before you can apply for a work permit in addition the sponsoring employer must have / applied for a sponsor licence.
Unfortunately the answer is no. Visalogic is a specialist immigration consultancy who can help you to get a work permit once you have received a valid job offer. Once you receive an offer of employment from an employer who is willing to apply for a work permit on your behalf, Visalogic will complete and submit the work permit application on behalf of your prospective employer.
Only a UK based employer who holds a valid sponsorship licence.
If you are a non-EEA national and you do not already have a valid visa to work in the UK you will require a work permit.
If you are a work permit holder your spouse, unmarried partner and children may be admitted to the UK as your dependants. Your spouse/unmarried partner will be given conditions of stay which do not place any restrictions, other than claiming public funds.

Therefore a dependant of a work permit holder is free to work in the UK as long as the endorsement in their passport places no restriction on their employment here. Please contact Visalogic for assistance regarding this part of your work permit application.
Times will vary and this will dependant on: a) sponsor licence b) if advertisement requirement needs to be met c) processing times. Please contact a member of the Visalogic team for advice on specific circumstances.
A work permit is not a contract of employment. A work permit gives your employer the permission to employ you, but they are in no way obligated to employ you. If you are made redundant you are only entitled to notice/compensation insofar as that which may be detailed in your contract of employment.
Yes, entry clearance for a work permit must be applied for in your country of legal residence.
If you are in the UK on a work permit that is approaching its expiry date you may be eligible to apply for a work permit extension. If however you have completed five years on a work permit you may be eligible to apply for Indefinite Leave to Remain (permanent residence).
You should apply for a work permit extension before your current work permit expires, however the extension application can only be lodged within three months of your current work permit expiring.
Yes, if you are in the UK on a work permit you can change to another employer, however this is only allowed once your new employer has arranged for a new work permit. This will require the new sponsor to apply for a certificate to sponsor you and you will not be permitted to start work until a new visa has been issued.
If your current employment terminates you can try to find another employer willing to sponsor your work permit visa. You will not be able to work until you have been issued with a new visa to work for the new employer. The new employer will need to apply for a work permit / certificate of sponsorship and it will be your responsibility to apply for a new visa prior to commencing employment.
If you are no longer working for your employer on a work permit, then UKBA may curtail your leave. You should apply for a new visa within 60 days.

Alternatively you may also want to investigate Further Leave to Remain options by speaking with one of Visalogic’s consultants.
Supplementary employment arrangements apply to overseas nationals who already have a work permit, and who want to take on additional work to that which their work permit was issued for. Under the following circumstances you may undertake additional work without further permission provided that the work is:
  • Outside of their normal working hours;
  • For no more than 20 hours per week;
  • In the same profession and at the same professional level for which the holder’s certificate of sponsorship was issued.
Yes, you are free to travel abroad whilst your work permit is valid for normal annual leave and company related travel.
Whether or not you can employ an overseas worker to fill a vacant position is dependent on the candidate’s nationality, and in the case of a work permit application, the position for which you are seeking to employ the candidate.
If the candidate is from the European Economic Area (EEA), they are free to come to England, Scotland, Wales and Northern Ireland to seek or take up employment without the need for a work permit.

If an EEA national wishes to stay in England, Scotland, Wales or Northern Ireland for longer than 6 months, they can apply for a residence permit, however this is not mandatory.

Some further work restrictions are in place for Bulgarian and Romanian (A2) nationals. For example, A2 nationals cannot start work in the UK without applying for permission, unless they are self-employed. Note that some Romanian and Bulgarian nationals will be exempt - for further information please contact us.
Non-EEA nationals are subject to immigration control and must obtain permission to work in the UK prior to seeking or taking up employment.

Certain categories of people do not require work permits to work. These include:
  • Commonwealth citizens who have been given leave to enter or remain in the UK on the basis that they have at least one grandparent who was born in the UK (i.e. must hold a UK Ancestry Visa);
  • Commonwealth citizens whose parent was a British citizen and who have the Right to Abode in the United Kingdom;
  • Persons with indefinite leave to remain in the UK;
  • Persons admitted to the UK for a period of at least 12 months as students are entitled to work part-time (up to 20 hours a week or 10 hours a week depending on the type of course undertaken) during term time and full-time during vacations.
It is a criminal offence to employ a foreign national who has not been granted the correct leave to enter or remain in the UK, or who does not have permission to work in the UK. Failure to comply with the relevant legislation can result in a £10,000 fine for each person identified as being employed illegally.
Prior to allowing a foreign national to start work you should request that they provide documentary evidence indicating that they have the right to work in the UK. You must also check that the documents provided appear to relate to the candidate, and either retain their documentation or take a copy of it and keep it for the duration of the candidates employment.

You should also keep a copy of the information for at least three years after their employment has terminated. You have a defence against conviction if you can prove that you have checked that your employee is in possession of one of a range of documents. For further information regarding checking employee documents please contact us.
The employer must apply for the work permit on behalf of the foreign national they wish to employ. A work permit can only be issued to a specific employer to enable them to fill a specific roll with a specific candidate.

There are two main types of work permit application - Tier 1 and Tier 2. Visit our UK work permit page for further information about Tier 1 and Tier 2 work permits.

 

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Windsor
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Email: [email protected]

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