UK Work Visa Requirements

A work visa by definition is where an individual is granted full authorisation to undertake employment in a country where they would not normally be eligible to work in. The approval and issue of a work visa must come from the relevant authority in the country he/she intends to work in (typically the Governmental immigration department or the Ministry of Labour and Social affairs). A work visa will be in the form a standard document or a stamp in your passport. It must be noted that depending on the country you seek employment and residency in; some individuals are not required to obtain a work visa. Generally all jurisdictions with reciprocal treaty agreements do not stipulate that an individual must obtain a work visa for undertaking employment in those countries. Generally each jurisdiction will lay down conditions which need to be satisfied in order to be approved a work visa.

UK work Visa

UK work visas are issued by the UK Border Agency and entitle the holder to reside and work in the UK for a designated period of time. The UK work permit application system is based on a 5 tiered points based model. The UK adopted a point’s based system to further clarify and categorise applicants seeking work permits depending on their individual skill and employment intent.

The 5 tier points based model comprises of:

Tier 1 – Highly Skilled Migrant Program (HSMP) Visa

Tier 2 – Skilled Workers with an offer of employment

Tier 3 – Temporary workers (typically low skilled migrants)

Tier 4 – Students of UK universities

Tier 5 – Youth Mobility Schemes/Temporary Workers

Who requires a UK Work Visa?

If you are a citizen form within the European Economic Area (EEA) then you qualify for the right to live and work in the UK as provided for under European Community law, however there are separate requirements for nationals from Bulgaria and Romania.

Citizens from countries out with the EEA are subject to obtaining the relevant work permit to reside and work in the UK.

If you are a citizen from any of the following countries and intend to stay in the UK for a period longer than 6 months then you will need to obtain a UK visa; Australia, Canada, Hong Kong, Japan, Malaysia, New Zealand, Singapore, South Africa, South Korea and the USA.

A UK work permit is suitable for the following categories of individuals:

- Foreign nationals not settled in the UK who intend to work in the UK

- UK employers seeking to recruit individuals from outside the EEA

- Students from outside the EEA who intend to undertake a UK based internship

- Employees of companies that are based out with the EU who intend to work in the UK on a service contract

- Workers from out with the EEA who intend to enter the UK for a period of up to 12 consecutive months to undertake a low skilled position

- Individuals from out with the EEA who intend to undertake work based training in the UK

Conditions to satisfy for a UK Work Permit (EEA Nationals)

Every EEA national has the right to reside in the UK for a period of up to 3 months, however if they wish to remain in the UK for a longer period of time they must prove they are not a burden on the social assistance system of the UK. Furthermore they must have one of the following statuses:

- Job seekers

- Worker

- Self employed person

- Self sufficient person (generally high net worth individuals who can support their living costs in the UK without the need to work)

- Student

UK Workers Registration Scheme

Where an applicant is not required to apply for a work permit, he/she may still be legally required to register under the worker registration scheme where he/she intends to work for a period of over 1 month. Typically, nationals from the Czech Republic, Estonia, Latvia, Hungary, Lithuania, Poland, Slovenia and Slovakia are required to register under the worker registration scheme.

There are Two Principle UK Work Visas

1) UK HSMP (Highly Skilled Migrant Program)

2) UK work permit (sponsored applicant)

UK HSMP Visa

This type of visa is targeted at all highly skilled foreign nationals. The holder of this type of visa has the right to work without the pre requisite of an employment sponsorship. The UK HSMP visa entitles the holder to freedom of movement in the job market, the holder is also authorized to legally establish a new business start up or work on a freelance basis.

UK Work Permit

This particular type of visa is subject to the applicant receiving a certificate of sponsorship from the employer. Under this category the employer must register with the Home Office and thereafter must issue their own form of work permit for the foreign national.

Categories for UK Work Visas

1) Visa for highly skilled workers, investors and entrepreneurs

2) Visa for skilled workers

3) Visa for temporary workers

4) Visa for overseas representatives based in the UK

UK Work Visa Application Documents

- Completed visa form

- Valid passport

- 2-3 x passport photos (recent)

- Inclusion of relevant visa fee

- Work Permit

- Evidence of applicant educational and professional qualifications

- Work references of the applicant

- Documentation evidencing you have sufficient funds to support your living costs while residing in the UK

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