Working in the UK

A candidate's right to work in the UK depends on a number of factors. These include your nationality and the terms of a candidate's permission to enter and remain in the UK.

Below you will find some detailed information as to the requirements of different categories of people subject to immigration control as well as the types of ‘visa’ available to candidates that require them.

If a candidate is a British Citizen, a Swiss national or a member of the European Economic Area (EEA) then they do not need permission to work in the United Kingdom.

EEA Member States

Nationals from the following countries are part of the EEA but are subject to immigration controls.

• Czech Republic
• Estonia
• Hungary
• Latvia
• Lithuania
• Poland
• Slovakia
• Slovenia

If a candidate is a national of one of the above mentioned countries and wishes to obtain employment in the UK for any period longer than one month, then they are required by law to register on the Workers Registration Scheme. Once they have found an employer and have accepted a position of employment, it is recommended that they make an application to the Home Office to register on the WRS immediately. Failure to register within the required time frames will result in a candidate's employment being found illegal and you may be asked to leave your employment until all legal obligations have been complied with.

Romanian and Bulgarian Nationals

If a candidate is a national of Romania or Bulgaria then they will also be subject to immigration control and will be required to obtain work authorisation prior to arrival in the UK if they wish to live and work here.

Highly skilled nationals from Bulgaria and Romania are subject to the same criteria as non-EEA nationals and so would have to apply under schemes such as Tier 1 or on a sponsored work permit. Unskilled workers will be eligible to work under the Seasonal Agricultural Workers Scheme (SAWs), however this route is subject to strict quotas. Application forms for Bulgarian and Romanian workers are to be completed on specific application forms and are available at www.ind.homeoffice.gov.uk.

If a person is a national of Bulgaria or Romania they must show their passport or National Identity card when arriving in the UK along with the relevant work authorisation if they intend to work. After 12 months of legal employment the candidate may then exercise full treaty rights under European Law for the freedom of movement of workers thereby allowing the person to work without the need for work authorisation. To do this the candidate must apply for a Registration Certificate to confirm their status in the UK.

Workers Registration Scheme

Nationals of most new member states are subject to the Workers Registration Scheme.If the candidate plans to work for a period longer than one month for an employer in the UK, then they must be registered. Once the candidate has legally been working in the UK for 12 months with the same employer they will be free from restriction and able to work without registering on the scheme. At this point it is advised to apply for a residence permit (a free application), to confirm their rights as an EEA worker free from restriction. For copies of the relevant application forms please visit www.ind.homeoffice.gov.uk.

Residence Permit

This is a document which is issued to a candidate in the form of a stamp or certificate which provides the application with authorisation to exercise full European treaty rights. For more information please visit www.ind.homeoffice.gov.uk.

Overseas Nationals (Outside of the EEA)

If a candidate is a national of a country outside of the EEA who wishes to come to the UK to work, there are a number of necessary steps which the candidate must take to ensure that they have the relevant ID and Work Authorisation documentation.

This is a two step process. Firstly the candidate will need to decide which visa or work permit option is most suitable to their circumstances, and in some cases whether they are eligible to make an application (more detailed information provided below on individual visas). Secondly, once the candidate has had their application approved, they will need to obtain further permission to enter or to legally remain in the UK. Only once both these steps have been completed may a candidate begin employment in the UK.

The most common methods of work authorisation are a sponsored work permit, Tier 1- General Highly Skilled Migrants and Post Study Work, Ancestral Visas and the Working Holiday Maker Scheme.

Sponsored Work Permit

A sponsored work permit can only be applied for once a candidate has received an offer of employment from a UK Company.The UK employer makes the application on the candidate’s behalf. If this application is successful, the candidate may only take up employment with the company who has made the application for the entire duration of the visa (up to a maximum of 5 years).If the candidate wishes to change employer at anytime during their stay, then the new employer must make a new application on behalf of the candidate. If successful, the candidate must also then make a fresh application for further leave to remain, in conjunction with the terms of his new sponsored work permit. The candidate’s old leave to remain will become invalidated with the termination of the original work authorisation.

Ancestral Visa

Commonwealth Citizens with a Grandparent born either in the UK or the associated Islands (Isle of Man, Channel Islands) may be eligible to apply for an ancestral visa. This allows a candidate to work in the UK free from restriction for a period of up to 5 years. Once the candidate completes a five year stay in the UK, they may be eligible to apply to remain indefinitely as long as they are able to satisfy the immigration requirements associated with it. For more information regarding indefinite leave please visit www.ind.homeoffice.gov.uk

Working Holiday Maker

The Working Holiday Maker Scheme allows a commonwealth citizen aged between 17 and 30, to come to the UK for 2 years. The conditions of the visa allow the applicant to visit the UK on an extended holiday permitting employment of no longer than 12 months. Once the candidate has completed this 2 years they will be required to return to their home country.

Points Based System

At present the UK Immigration System is under massive reform, streamlining all current immigration routes into a Five Tiered points-based system.Currently only Tier 1 is in operation which replaces the Highly Skilled Migrant Programme and all post graduate study routes.

Tier1 - General Highly Skilled Migrants/ Innovators/ Inventors/ Post Study Work

Tier2 - Skilled workers with a job offer

Tier3 - Unskilled workers on quota based a scheme which applies to nationals of Bulgaria and Romania only

Tier4 - Students

Tier5 - Voluntary workers/Youth Mobility Workers

The new visa categories for Tiers 2, 3, 4 and 5 are gradually being phased in over 2008-2009.

Tier 1- General Highly Skilled Migrants

This category is for highly educated and highly skilled workers who are able to score a minimum of 75 points and satisfy compulsory requirements relating to maintenance and English language skills. Points are scored on the basis of academic qualifications, age, previous earnings and UK experience. This visa is issued initially for a one year period, enabling the candidate to come to the UK and establish themselves; they can then apply to extend their visa for a further 4 years. Candidates under Tier 1 do not require any form of sponsorship or job offer from a UK employer.

Tier 1- Post Study Work

This sub-category of Tier 1 replaces the current post study routes, namely the International Graduate Scheme and the Fresh Talent in Scotland Scheme. Candidates must have studied in the UK on a valid student visa. Applicants must be able to score 75 points on the basis of academic qualifications, the type of institution attended and how their qualifications were obtained. The applicant is also required to prove maintenance but is exempt from the English Language requirement. This type of visa is issued for 2 years and cannot be extended. Candidates are expected to switch into an alternative Tier 1 category or Tier 2 as soon as is possible. Successful applicants under this sub-category will not require any sponsorship from a UK employer.

For more information or if you have any questions or requirements you would like to discuss, please contact the Overseas Resource Consultant on 01489 898989 or email overseasresource@matchtech.com.