Skilled Workers

Current procedure is established in the Work Permit Scheme operated by Working in the UK, a division of the UK Border Agency (UKBA).

An employer must obtain a permit for the migrant worker, then the migrant worker is required to obtain a visa or a variation of leave to remain. Any change of employment requires a new permit and a further variation of leave.

The skills gateway into the current Business and Commercial Work Permit Scheme is either

• UK equivalent degree level of qualification; OR

• A Higher National Diploma (HND) level qualification which is relevant to the post on offer; OR

• A HND level qualification, which is not relevant to the post on offer plus one year of relevant full-time work experience at a National/Scottish vocational qualification (N/SVQ) level 3 or above;

• OR the job must require the following skills:-

• Three years full-time experience of using specialist skills acquired through doing the type of job for which the permit is sought. This should be at N/SVQ level 3 or above.

Broadly the UK employer must demonstrate the need to recruit non-resident labour, either by reference to the government Shortage Occupations List, or by conducting a qualifying Resident Labour Market Test (RLMT).

Key difficulties can arise in proving the skill level the job requires; appropriateness of the pay level; demonstrating the sufficiency of the recruitment search; and establishing both the qualifications of the prospective worker and justifying why the non-resident worker is better qualified than any resident labour applicant.

An unsatisfactory review system operates to challenge work permit refusals. An appeals process exist to challenge refusals to issue a visa or to vary leave.

From autumn 2008 the work permit procedure will transmute into Tier 2 of the PBS. UKBA has begun a process of inviting employers to enter the Register, which will licence them to issue Certificates of Sponsorship to qualifying non-resident workers. Under the PBS, minimum prospective earnings for a non-graduate of £20k will be required or £17k in a listed Shortage Occupation.

Currently migration to the UK within the Work Permits Scheme, requires a prior job offer. From autumn 2008, the job offer must come from a licensed sponsor. Any prospective employer of non-resident workers will consequently need to obtain UKBA registration before a lawful offer of employment can be made.

MfB can advise and assist with preparation of application before formal pre-assessment; generating or evaluating support documentation; assisting with reviews and appeals.