Visas

Please note, this information is for general guidance only and the actual conditions and criteria are subject to change at short notice.  This is a complex area, dependent on individual circumstances, and the guidance provided here cannot be definitive.  You are strongly advised to visit the UK Border Agency website to gain the latest information.

1.     Who has permission to work in the UK?

2.     Working in the UK.

3.     Gaining permission to work in the UK.

4.     Obtaining a visa.

5.     Points to consider.

1. Who has permission to work in the UK?

You will normally be eligible to work in the UK if you are in one of the following categories (please visit the UK Border Agency website for more information):

  • You are a legal national of the UK or other country in the European Economic Area (EEA) or a Swiss national.  Nationals from Bulgaria and Romania require a work permit and must also register with the Home Office under the Accession Worker Card Scheme.
  • You currently have an unexpired Tier 1 (General) or Tier 1 Post Study Worker visa.
  • You are a dependent, husband, wife or civil partner of a UK or EEA national or individual who has an existing right to work in the UK and you hold an appropriate dependent's visa.
  • You have acquired indefinite leave to remain in the UK or have a UK Ancestry visa.
  • You have a valid Tier 4 (Student) visa which entitles you to work on a part-time basis (restricted to a maximum of 20 hours per week during term-time).  
  • Turkish citizens also have certain rights under the European Community Association Agreement (ECAA) with Turkey.  For more information please visit the Turkish citizens section of the UK Border Agency website.

 

2. Working in the UK

Outside of the categories above, to work and live in the UK you will require both valid permission to work, in the form of a certificate of sponsorship, and a corresponding visa, which gives you permission to enter the UK (known as "entry clearance") and stay in the UK (known as "leave to remain" or "further leave to remain").  Getting permission to work and a visa is a two-stage process:

Stage 1

Gain authorised permission to work in the UK from the UK Border Agency.  Tier 2 applications require an assessment that the job is skilled and cannot be filled by an EEA-area national and this application will, therefore, be made by your university following a recruitment process.

Stage 2

Obtain the appropriate visa from the UK Border Agency based on the permission to work.  This is a personal application for a visa to enter and remain in the UK and involves an assessment of your livelihood and suitability to stay in the UK. 

 

3. Gaining permission to work in the UK

If you have been offered a job that has been made subject to permission to work, and you do not have current permission to work in the UK, or your existing permission to work restricts you to your current employer, an application must be made to the UK Border Agency under one of the following programmes:

Tier 1 - Persons of exceptional talent (job offer not required)

NB - THIS SCHEME IS NOT YET OPEN

This route is for those who are internationally recognised as world leaders or potential world-leading talents in the fields of science and the arts and who wish to work in the UK.

The advantage of the Tier 1 (Exceptional talent) scheme is that the permission to work relates to the individual, and is transferable across jobs for the duration of the permit.

If you wish to apply through this scheme you must make the application directly to the UK Border Agency.  Full details of the scheme and how to apply can be found on the UK Border Agency website.

Tier 1 - Post-study workers (job offer not required)

NB - THIS SCHEME WILL CLOSE IN APRIL 2012

The post-study worker programme is designed to retain the most able international graduates who have studied in the UK.  Under the scheme you are eligible to look for and take up highly skilled or skilled work after a period of high quality study in the UK, without having to have your permission to work application sponsored by an employer.  If successful, permission to work under this category will be for a maximum period of two years (you cannot apply for an extension of stay under this scheme, but you can switch to another immigration category).

The category provides a bridge to find highly skilled or skilled work.  If you are granted permission to work as a post-study worker, you will be expected to switch into another category of the points-based system as soon as possible.  Full details of the scheme and how to apply can be found on the UK Border Agency website.

Tier 2 - Sponsored skilled workers (job offer required)

The scheme is targeted at posts which require a medium to high skill level (i.e. at least graduate level), for which a suitable national from the EEA cannot readily be recruited.  Full details of the scheme and how to apply can be found on the UK Border Agency website.

This scheme involves your university applying for a certificate of sponsorship following a recruitment process for the post.  If your sponsorship application is successful your university will provide you with the certificate of sponsorship in the form of a reference number.  This will enable you to apply for permission to work based on employment in the sponsored post.

As the permission to work is provided for employment in a specific post, if you cease to be employed in that post you will lose your permission to work in the UK.  However, if you are already in the UK working for one university and move within the UK to take up a post at another university, your new university should be able to apply for a new certificate of sponsorship on your behalf.

If you have an unexpired Tier 4 (Student) visa and are offered a post at the university where you studied, your university may be able to transfer your permission to work to Tier 2 if a suitable national from the EEA cannot readily be recruited.

 

4. Obtaining a visa

If you are successful in gaining permission to work in the UK you must then apply for a visa which will allow you to enter and remain in the UK (entry clearance and leave to remain), or for further leave to remain if you are already in the UK.  You cannot start making such an application until permission to work has been granted.  You will need to pay any costs involved although your university may refund these costs in certain circumstances.  Full details can be found at the UK Border Agency Visa Services website. Further supporting information is available at the UK Border Agency Immigration Enquiry Bureau website.

If you are granted a visa you will be provided with a Biometric Residence Permit.

5. Points to consider

  • It should never be assumed that an application for permission to work (or an extension) will be granted.
  • A Tier 2 visa application cannot be considered without first obtaining permission to work.
  • It should never be assumed that a visa will be granted even if permission to work has been approved.
  • If you have been granted permission to work you must not commence employment until the correct visa has been issued.
  • An existing member of staff may continue to work while an application for further leave to remain is under consideration, providing the application is made before their existing leave to remain expires.
  • It is your responsibility to obtain and the appropriate visa. If it is not maintained the permission to work is invalid.