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UK employment visas

Any prospective employer will need to know that you can work legally in the UK and therefore whether you need a work permit or visa. This means that you will need to show proof of your right to work in the UK. Coming to the UK to work depends on who you are. Unless you're a British citizen or a citizen of one of the European Economic Area (EEA) countries, you may need a visa before you travel here.

New Immigration System

The new immigration system is a five tier framework. This will help people understand how the system works and direct applicants to the category that is most appropriate for them. The tiers are:

Tier 1: Highly skilled individuals to contribute to growth and productivity.
Tier 2: Skilled workers with a job offer to fill gaps in the UK labour force.
Tier 3: Limited numbers of low skilled workers needed to fill temporary labour shortages.
Tier 4: Students.
Tier 5: Youth mobility and temporary workers: people allowed to work in the UK for a limited period of time to satisfy primarily non-economic objectives.

The five tiers have different conditions, entitlements and entry-clearance checks. This will make the system easier to understand and use and allow the government to adapt their policy on points and sponsorship to the very different needs of those entering the UK to work or study.

Working Holiday Visa

A Working Holiday Visa is run under the Working Holidaymaker Scheme and it is a scheme that allows a person (from the Commonwealth) aged between 17 and 30 to come to the UK for an extended holiday of up to two years. You can work for up to 12 months of your holiday, but the holiday, not the work, should be the main reason for your stay. The following are key factors to applying to your visa. Aged 17 - 30 Inclusive

1. Commonwealth Citizen
2. Is intending to take work that is incidental to a holiday, and not to engage in business.
3. Not work more than 12 months during the stay.

Once you have a Working Holiday Visa it is possible to transfer to the Highly Skilled Migrant Permit. You must have completed at least 1 year of the Working Holiday Visa.

Ancestry Visa

This visa can be granted if one of your grandparents were born in the UK. It is the most straightforward form of visa. The following factors exist:

1. No work restrictions at all
2. Can apply for residency after 4 years provided they have not been out of the UK for more than 90 days in one go
3. Visa valid for four years

It is important to note that your Ancestry Visa cannot be applied for in the UK. The visa has to be obtained before you arrive in the UK.

Points Based System (The old Highly Skilled Migrant Permit)

The Points Based System was launched in the UK in February 2008. The system will be gradually phased in throughout 2008 and 2009. The Tier 1 or General route will replace the Highly Skilled Migrant Programme. Tier 1 is aimed at attracting applicants who have the very highest skills or who wish to establish themselves in business in the UK.

Any highly skilled foreign national currently being employed in the UK who wants to extend their stay will need to apply under a new points-based system. This new points based system will be extended to those applying from overseas later in the year. It will not apply to citizens of European Economic Area countries.

It is important to note that the finer details of point based system are still being finalised and it is therefore subject to change before the final phase in 2009. The information given on this website will be updated over the coming months; the most up-to-date information is accessible on the UK Border Agency website: http://www.ukba.homeoffice.gov.uk

Work Permits

This is a popular visa for people who wish to stay in the UK longer than a two year visa and who do not qualify as a highly skilled migrant. A Work Permit is a restrictive visa because your employer will apply for the visa on your behalf. You are then committed to both your employer and the particular position that you will be working for them in. If you want to leave that company then you must either find another employer to sponsor you or apply for another visa type. Recent changes brought in from the government mean that a candidate can only transfer to a work permit inside the UK if their occupation is on the skills shortage list.

1. The UK employer applies on your behalf.
2. You are restricted to one employer and one position.
3. You can claim settlement after four years.
4. You must be degree qualified, with a Higher National Diploma or at least 3 years relevant work experience.

A Work Permit is quite often referred to as "sponsorship".

Unmarried Partner/Defacto Visa

This visa used to be restricted to certain situations. The main premise was that there needed to be a legal impediment to stop the applicants getting married. This could be that one of the partners was still married or if it was a same sex relationship. These criteria have now been relaxed.

Its based on a relationship akin to marriage for a minimum two year period
You can have unrestricted employment
Your partner must be British, an EU National, and have, indefinite leave to remain, Right of Abode, Ancestry or a Work Permit
Defacto Visa must be completed out of country if the partner is on work permit. All other types must be completed in the country.

Marriage Visa

To apply for a visa through marriage then you must show that:

1. You are legally married to each other or are in a civil partnership recognised in the UK
2. Your husband, wife or civil partner is present and settled in the UK (see the next section)
3. You both intend to live together permanently as husband and wife or as civil partners
4. You have met each other before
5. You can support yourselves and any dependants without any help from public funds
6. You have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
7. Your husband, wife or civil partner is not under 18, and you are not under 18.

Initially you will be given two years to stay and work in the UK. If you are still married and intend to continue living together towards the end of the 2 years then you can apply to stay permanently in the UK.

Indefinite Leave to Remain

Having lived legally in the UK on a visa or work permit (usually between two and five years), you can apply to live here on a permanent basis although this will depend on the category of visa you hold. In order to apply for permanent residency, you will need to prove that you have enough knowledge of language and life in the UK.

1. You can only apply for this in the UK
2. You will need to show proof of residency and employment. (Ancestry, Work Permit, Highly Skilled Migrant Permit)
3. You will need to show proof of residency and relationship. (Marriage, Unmarried Partner)

Students

International students do not normally need permission to work in the UK while they are studying. If your home country is in the European Economic Area or you are a Swiss national you can work without restriction. If not then you should refer to the visa stamp in your passport. If it says 'prohibited' you can not work or be employed in the UK however if it grants you leave to enter or remain in the UK as a student then you can work here provided you:

1. Only work a maximum of 20 hours a week
2. You can engage in more work as long as it is part of your studies or you are on an internship.
3. Don't engage in business, are not self-employed and don't provide services as a professional sportsperson or entertainer
4. Don't take a permanent full-time position

Other Visas

There are other common visas that you may see however they don't allow you to work

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