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Immigration Advice for Employers
Only registered or exempt organizations or individuals are allowed under the Immigration
& Asylum Act to offer immigration advice and services. This includes arranging
work permits. Those conducting these services without registering properly with
the British Government are committing a criminal offence and the appropriate authorities
can take proceedings against them Below are answers to some of the most frequently
asked questions in order to clarify many of the common misunderstandings and pitfalls
that result in serious legal implications for both employers
and employees. What
is a work permit - It is a legal document issued by the Home Office that allows
people from countries outside the EU to work in this country. It is specific to
an employer, and is issued to that employer for a named individual to work for a
specified period of time. What is Entry Clearance - Once an initial work permit
has been granted, when still in the country of origin, a candidate must apply for
entry clearance. This then gives the candidate the necessary Visa to come to the
UK to work for the employer stated on the work permit. What happens if I employ
someone without a work permit - The Asylum & Immigration Act 1976 makes it a
criminal offence for you to employ someone 16 or over who has no right to work in
the UK. The maximum penalty that can be imposed by a Court is £5000 if convicted.
You can be fined up to this amount for each person you are found to have employed
illegally. What happens if I employ a person with a work permit in another employer’s
name - A new employee cannot work for you unless the Home Office has given permission
and issued a Work Permit for that employee to work for you. If an employee is found
to be employed by you without this, the same penalties as above could be imposed.
Can any employer employ non-EU staff and apply for work permits - No. There are
strict criteria applied by the Home Office before they grant approved employer status.
Work permits will not be approved until these checks have been satisfied. Failure
to obtain valid work permits will not only make it increasingly difficult for employers
to satisfy Home Office criteria and therefore limit their access to international
resources How do I confirm any non-EU employees are working for me legally - They
have a Work Permit issued by the Home Office giving permission for them to work
for you. Proof of a National Insurance Number is not sufficient to confirm legal
working status. Can an international employee change employers - Yes. The Home Office
must give permission for the change before the employee leaves to take up their
new position. Possession of a previous work permit does not mean permission will
be automatically granted. Can person on work permit work part-time elsewhere - No.
They can only work for the employer stated on their work permit. What do I have
to do to employ international staff from another employer – There are two steps
to take. Firstly the Home Office must approve the change of employer and issue a
new work permit before the employee takes up the position with you. Once this has
been issued and the employee has started, the employee must apply for Leave to Remain
which will change their Visa and allow them to stay in the UK and work for a difference
employer. This change must be made within 6 months or the work permit becomes invalid
and the employee will be expected to return to their country of origin. Can I employ
international staff as cheap labour - No. The Home Office expect international staff
be paid the same as national staff and they are entitled to the same employment
conditions as far as annual leave and hours of work etc. |
Living Outside the UK
Any non-EEA national seeking entry or permission to remain in the U.K. for
the purpose of employment normally requires a work permit. There are a number of
kinds of U.K. work permits to allow non-EEA residents to come and work legally in
the UK which are:. Business and Commercial Training and Work Experience Scheme Sports
and Entertainments Internship General Agreement on Trade in Services (GATS) Sectors
Based Scheme (SBS). In addition there is the Highly Skilled Migrant Program. Work
permits are issued for a specific period beginning on the date the person is given
leave to enter the UK. If they do not enter the UK within six months of the date
the permit is issued, it will no longer be valid. If you are a British citizen,
a Swiss national or a national of a country in the European Economic Area (EEA)
you do not need our permission to work in the United Kingdom. The EEA includes these
countries: Austria Belgium Bulgaria Cyprus Czech Republic Denmark Estonia Finland
France Germany Greece Hungary Iceland Ireland Italy Latvia Liechtenstein Lithuania
Luxembourg Malta Netherlands Norway Poland Portugal Romania Slovakia Slovenia Spain
Sweden United Kingdom Iceland, Liechtenstein and Norway are not members of the European
Union (EU). However, the European Economic Area Agreement gives nationals of these
countries the same rights to enter, live in and work in the United Kingdom as EU
citizens. Parliament has now approved the regulations that will manage the flow
of new workers into the UK from Romania and Bulgaria. Skilled workers will continue
to be able to work in the UK if they qualify for a work permit or under the Highly
Skilled Migrant Programmed. Nationals from Malta and Cyprus will have full free
movement rights and are not required to obtain a workers registration certificate.
Nationals from the following new member states; Poland, Lithuania, Estonia, Latvia,
Slovenia, Slovakia, Hungary and the Czech Republic who find a job in the United
Kingdom are required to apply to register with the Home Office under the new 'Worker
Registration Scheme' as soon as they find work. |
Writing Your CV
Your CV should include: Personal details Name Date of birth Availability Profile
- About 5 - 10 lines of punchy statements, what you are, what you can do for a company
and what you would like to do in your next job. Education and Qualifications - Always
in reverse chronological order with dates. If you feel your experience is more important
than your qualifications, put them further down. Additional Training - Include relevant
in house training and accredited training e.g. 16th Edition, Six Sigma, CIPS etc.
Do not include your cycling proficiency test. Employment History - Should start
on page 1 and include ALL your jobs since leaving education in reverse chronological
order. Account for gaps or periods not working / traveling etc. - an interviewer
will ask or assume the worst. State the dates you worked, the employer and your
job title(s). A short sentence describing what the employer does and how big they
are can help put your job into context - you know about the companies you have worked
for but the person reading your CV may not. State your key responsibilities and
achievements. State whether jobs were permanent or contract and if you were made
redundant. Interests and Hobbies - Keep it short and stick to what you do regularly. |
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