FAQs

Whether or not you can employ an overseas worker to fill a vacant position is dependent on the candidate’s nationality, and in the case of a work permit application, the position for which you are seeking to employ the candidate.

Non-EEA nationals are subject to immigration control and must obtain permission to work in the UK prior to seeking or taking up employment. Certain categories of people do not require work permits to work. These include:

• Business visitors;
• Commonwealth citizens who have been given leave to enter or remain in the UK on the basis that they have at least one grandparent who was born in the UK;
• Commonwealth citizens whose parent was a British citizen and who have the Right to Abode in the United Kingdom;
• Persons with indefinite leave to remain in the UK;
• Persons admitted to the UK for a period of at least 12 months as students are entitled to work part-time (up to 20 hours a week) during term time and full-time during vacations.

Prior to allowing a foreign national to start work you should request that they provide documentary evidence indicating that they have the right to work in the UK. You must also check that the documents provided appear to relate to the candidate, and either retain their documentation or take a copy of it and keep it for the duration of the candidates employment.

You should also keep a copy of the information for at least three years after their employment has terminated. You have a defence against conviction if you can prove that you have checked that your employee is in possession of one of a range of documents. For further information regarding checking employee documents please contact us or ask@visalogic.net.

If the candidate is from the European Economic Area (EEA), they are free to come to England, Scotland, Wales and Northern Ireland to seek or take up employment without the need for a work permit. If an EEA national wishes to stay in England, Scotland, Wales or Northern Ireland for longer than 6 months, they can apply or a residence permit.

It is a criminal offence to employ a foreign national who has not been granted the correct leave to enter or remain in the UK, or who does not have permission to work in the UK. Failure to comply with the relevant legislation can result in a £5,000 fine for each person identified as being employed illegally.

The employer must apply for the work permit on behalf of the foreign national they wish to employ. A work permit can only be issued to a specific employer to enable them to fill a specific roll with a specific candidate.

There are two main types of work permit application - Tier 1 and Tier 2. Visit our UK work permit page for further information about Tier 1 and Tier 2 work permits.