The current Work Permit Scheme, which allows UK companies to bring in foreign nationals from outside the European Economic Area (EEA), closes on 26 November. Its replacement, Tier 2 of the Points Based Scheme (PBS) goes live on 27 November and any company that has not been granted a Sponsorship licence by the UK Border Agency will not be able to employ Tier 2 skilled staff from outside the EEA nor will they be able to extend work permits for existing employees.
Once the Work Permit Scheme closes, Tier 2 non-EEA skilled workers will only be able to work in the UK if they are sponsored by a UK employer. As at 20 October, only about 700 organisations, of which a number are academic institutions, were listed on the Register of Sponsors as having been issued a licence.
What happens if you need a licence but have not yet applied?
If you need a licence, you need to apply as a matter of urgency and we can help you with your application. As part of the licence-granting process, your HR procedures and related documentation will undergo rigorous checks. It takes approximately six weeks from applying for a licence to the granting of same so if you were to apply now, you would not receive your licence until the week before Christmas.
Arrangements for work permit holders
On 23 October, the UK Border Agency published transitional arrangements for work permit holders. Those people who hold work permits may find that their mobility in and out of the UK is affected depending on the duration of the permit they hold and when it was granted. Again, we can advise you on your best course of action.
Business Visitors
Also commencing 27 November, new immigration rules will apply to business visitors. Procedures for certain categories of business visitor which currently exist as guidelines are being formally adopted within the immigration rules. A new category of ‘business visitor’ visa will be introduced for visa nationals who currently come to the UK under the ‘visitor’ category.
Tier 5 implementation
Tier 5 of the PBS relates to temporary workers and youth mobility. The Temporary Worker side of Tier 5 covers categories such as charity and religious workers and the creative and sporting sectors as well as workers sponsored under Government authorised exchange and international agreement. They will all need to be sponsored by the holder of a Tier 5 licence. The Youth Mobility side of Tier 5 broadly replaces the working holidaymaker scheme as well as smaller schemes such as BUNAC and IAESTE. Only nationals of those countries which have signed an international agreement with the UK are eligible under the youth mobility scheme and at present they are: Australia, Canada, Japan and New Zealand.
For more information or advice on the current Work Permit Scheme, please contact Marian Dixon.
