Obtaining a work permit

Work Permits are issued for a specific job with a specific employer for a specified period of time, up to a maximum of 5 years.

As the prospective UK employer you must complete a work permit application form (WP1) and submit it, with the relevant supporting documentation, to Work Permits (UK). The application process will usually take around 1-2 weeks. If the vacancy needs to be advertised the process could take up to 4 weeks or longer.

You will usually need to show, by way of advertising the vacancy, that you have been unable to recruit from the "resident" workforce (generally defined as EEA nationals). The advertising requirement can only be set aside if:

The occupation appears on the Government's shortage occupations list, (eg healthcare, teaching), or
The position is at board or equivalent level with annual income in excess £50,000, or
The position is a high level executive one linked to inward investment of over £250,000 in the UK, or
The vacancy requires someone from the same company but from an overseas affiliate. In order to qualify under this category, the employee must have spent at least six months with the organisation elsewhere in the world and there must be a genuine reason for needing their skills and experience in the UK company.

Usually the vacancy should be placed on recognised internet recruitment websites, the national press, or trade journals. It is the responsibility of the applicant employer to show that the vacancy has been placed in the most appropriate media.

Four weeks should pass after the vacancy is placed. This time is considered to be sufficient to allow candidates from the resident workforce to notice and respond to the vacancy announcement. At the same time any advertisement older than 6 months can not be used as it will be considered are out of date. Evidence of advertising, including details of the response, must be submitted with the work permit application.

In exceptional circumstances the Home Office may consider a well constructed argument for setting aside the requirement to advertise a vacancy. If this is the case please contact one of our advisers to discuss your situation.

In all cases you must be able to show that your candidate has:

a UK degree equivalent qualification, or
3 years senior level experience in a relevant, specialized area, or
an HND level occupation which entitles him to do a specific job, or
a general HND level qualification and 1 year relevant experience, or
3 years relevant experience at NVQ level 3 or above

You will be required to support the application with evidence, where necessary, of the candidate's qualifications and relevant employment experience.

It is sometimes where possible to persuade the Work Permits (UK) exceptionally to grant a permit for a position which has yet to be advertised. However, it is generally unwise to rely on the favorable consideration of such applications.