Kayani Legal is dedicated to helping non-UK residents navigate the complex process of obtaining a UK work visa. Under the UK’s points-based system, there are various immigration routes, both short and long-term, for overseas nationals to enter or remain in the UK for work purposes.
Outline:
- Introduction
- Eligibility Criteria for UK Work Permit
- How to Apply for a UK Work Permit
- How to Get a Work Permit for the UK without a Job Offer
- Rights and Responsibilities of Work Permit Holders
- Common Pitfalls and How to Avoid Them
- How Kayani Legal Can Help
- Document Requirements
- Covering Letter Template
- Tips for a Successful Application or Appeal
- Common Reasons for Refusals
- Visa Extensions and Changes
- Rights and Restrictions
- Case Studies and Success Stories
- Do You Need a UK Work Visa?
- Skilled Worker Visa
- What is a Skilled Worker Visa for the UK?
- Who is Eligible for a Skilled Worker Visa?
- How to Apply for a Skilled Worker Visa?
- Global Business Mobility Visa
- Maximising Your Chances of Success
- Case Studies and Success Stories
- Case Laws on UK Work Permits
- Frequently Asked Questions
- Why Choose Kayani Legal
Introduction
A. Overview of UK work permits
A UK work permit, or a UK work visa, allows individuals outside the European Economic Area (EEA) and Switzerland to work legally in the United Kingdom. The UK has various work permits to suit potential applicants’ diverse needs and qualifications, such as the Skilled Worker Visa, Intra-Company Transfer Visa, and Temporary Worker Visa.
B. Importance of understanding UK immigration law
Understanding UK immigration law is essential for anyone planning to work in the UK, as it helps to ensure a smooth application process and avoid potential issues. Familiarising oneself with eligibility criteria, application procedures, and required documentation can significantly increase the chances of obtaining a work permit.
C. Role of Kayani Legal in the work permit application process
Kayani Legal, a firm of solicitors specialising in UK immigration law, assists clients in navigating the complexities of the UK work permit application process. By providing expert guidance and personalised support, Kayani Legal ensures that clients submit accurate and complete applications, maximising their chances of success.
Eligibility Criteria for UK Work Permit
A. Types of work permits
- Skilled Worker Visa: This visa is for individuals with a job offer in the UK from an approved sponsor. Applicants must score enough points based on their skills, qualifications, and salary to be eligible.
- Intra-Company Transfer Visa: This visa allows employees of multinational companies to get transferred to a UK branch of their organisation. Applicants must have a valid job offer and Certificate of Sponsorship from their employer.
- Temporary Worker Visa: This visa is for individuals coming to the UK for a short period to work in specific roles, such as creative and sporting professionals, charity workers, religious workers, or seasonal agricultural workers.
B. Point-based system
The UK work permit system is point-based, meaning applicants must score specific points to be eligible. Points are awarded based on the job offer, skill level, English language proficiency, and salary.
C. Job offer requirements and alternatives
A job offer from a UK employer is typically a prerequisite for obtaining a work permit. However, there are alternative routes to getting a work permit without a job offer, such as the Investor Visa, Start-up Visa, Innovator Visa, and Global Talent Visa.
How to Get a Work Permit for the UK without a Job Offer
A. Investor Visa
The Tier 1 Investor Visa allows high-net-worth individuals to invest a minimum of £2 million in the UK, granting them the right to live and work in the country without a job offer. The investment must be made in qualifying UK investments, such as government bonds, share capital, or loan capital in active UK trading companies.
B. Start-up and Innovator Visas
The Start-up and Innovator Visas are designed for individuals looking to establish a business in the UK. The Start-up Visa is for those in the early stages of setting up a business, while the Innovator Visa is for experienced entrepreneurs with a viable and innovative business idea. Both visas require endorsement from an approved organisation but do not require a job offer.
C. Global Talent Visa
The Global Talent Visa is for individuals recognised as leaders or potential leaders in science, engineering, humanities, medicine, digital technology, or the arts. This visa does not require a job offer but an endorsement from an approved organisation, such as The Royal Society, The Royal Academy of Engineering, or The British Academy.
D. Tips and strategies for success
- Research the different visa options thoroughly to find the most suitable route for your circumstances.
- Prepare a solid business plan or investment proposal when applying for visas that do not require a job offer.
- Seek professional advice and guidance from a reputable firm, such as Kayani Legal, to maximise your chances of success.
- Ensure your application is complete, accurate, and well-presented to avoid unnecessary delays or complications.
Extending or Switching Work Permits
A. Extending your work permit
In some cases, individuals may be eligible to extend their work permit, allowing them to continue working in the UK beyond the initial visa duration. Extending your work permit will depend on the specific visa type but typically requires submitting a new application, providing updated documentation, and paying an application fee.
B. Switching to a different work permit
You may be eligible to switch to a different work permit if your circumstances change. For example, a person on a Start-up Visa might switch to an Innovator Visa after successfully establishing their business. To switch work permits, applicants must meet the eligibility requirements for the new visa type and submit a new application with supporting documentation.
C. Timing considerations
It is essential to start the extension or switching process well before your current visa’s expiry date to ensure your permission to work in the UK is filled in. The deadline may result in having to leave the country and reapply for a new work permit, which can be lengthy and costly.
D. Role of Kayani Legal in extending or switching work permits
Kayani Legal can provide expert guidance and support to clients seeking to extend or switch their work permits. It includes advice on eligibility, assistance gathering the necessary documentation, and help with completing and submitting the application.
Rights and Responsibilities of Work Permit Holders
A. Employment conditions
Work permit holders are generally allowed to work for their sponsoring employer in the role specified on their Certificate of Sponsorship. They may also undertake additional work or change employers in certain circumstances, provided they obtain the necessary approvals.
B. Access to public funds and services
Most work permit holders are not eligible to access public funds, such as welfare benefits, and may be subject to the Immigration Health Surcharge, which covers access to the National Health Service (NHS).
C. Family members and dependents
Work permit holders may be eligible to bring their family members and dependents to the UK. Eligible family members typically include spouses, civil partners, unmarried partners, and children under 18. Family members must apply for a dependent visa and may be subject to specific eligibility requirements.
D. Maintaining immigration status
Work permit holders are responsible for maintaining their immigration status in the UK. It includes adhering to their visa conditions, such as working only for their sponsoring employer and not accessing public funds. Failing to maintain immigration status may result in the revocation of the work permit and possible removal from the UK.
How to Apply for a UK Work Permit
1. Introduction:
Applying for a UK work permit can be challenging, but with proper guidance, you can improve your chances of success. You can follow these steps to navigate the application process effectively.
2. Identify the Right Work Visa Category:
Could you determine the appropriate visa category for your situation, such as Tier 2 (General), Tier 2 (Intra-company Transfer), or Tier 5 (Temporary Worker)?
3. Obtain a Certificate of Sponsorship (CoS):
You can secure a valid CoS from a UK employer with a Sponsor Licence, confirming that they offer you a genuine job in the UK.
4. Check the Points-Based System:
Please make sure you meet the required points threshold for your visa category, considering factors like a job offer, salary, English language skills, and available maintenance funds.
5. Complete the Online Application Form:
Fill out the online visa application form, ensuring all information is accurate and up-to-date. Prepare Supporting Documents: Gather the necessary documents, including:
-
- Passport or travel document.
- Certificate of Sponsorship reference number.
- Proof of English language proficiency.
- Bank statements or payslips to evidence maintenance funds.
- Tuberculosis (TB) test results (if applicable).
6. Pay the Application Fee and Immigration Health Surcharge:
Submit the required fees for your visa application and the Immigration Health Surcharge, which grants you access to the UK’s National Health Service.
7. Attend a Visa Application Centre (VAC):
Book and attend an appointment at a VAC to submit your biometrics (fingerprints and photograph) and supporting documents.
8. Await the Decision:
Once your application is submitted, wait for the Home Office’s decision, which may take several weeks or longer, depending on the visa category and additional processing times.
9. Collect Your Biometric Residence Permit (BRP):
If your application is successful, could you collect your BRP from the specified location within ten days of your arrival in the UK?
10. Conclusion:
Applying for a UK work permit can be complex, but following these steps can increase your chances of success. At Kayani Legal, our experienced immigration solicitors are committed to providing expert guidance and support throughout the application process. Please get in touch with us today to learn how we can help you achieve your UK work permit goals.
Document Requirements
To apply for a UK work permit, you will need the following documents:
- Valid passport or travel document
- Certificate of Sponsorship (CoS) reference number
- Proof of English language proficiency (e.g., IELTS test results)
- Bank statements demonstrating adequate maintenance funds
- Tuberculosis (TB) test results (if applicable)
- Criminal record certificate (if required)
- Additional documents depending on the specific visa category
Covering Letter Template
[Your Name]
[Your Address]
[City, Postal Code]
[Country]
[Date]
[Recipient’s Name]
[UK Visas and Immigration]
[Address]
[City, Postal Code]
[Country]
Dear [Recipient’s Name],
Subject: UK Work Permit Application – [Your Name]
I, [Your Name], am writing to submit my application for a UK work permit under the [Tier 2 or Tier 5] category. I have received a job offer from [Company Name] as a [Job Title] and have been issued a Certificate of Sponsorship (CoS) with the reference number [CoS Reference Number].
I have attached all the required documents, including my passport, proof of English language proficiency, bank statements, and TB test results (if applicable).
I intend to work in the UK and contribute to the economy while respecting the terms and conditions of my work permit. I have the necessary skills and qualifications for the position, as detailed in my CV and supporting documents.
I am confident that I meet the eligibility criteria for the [Tier 2 or Tier 5] category and have scored the required points under the points-based system.
Please consider my application for a UK work permit. I am eager to contribute my skills and expertise to the UK job market and embrace the Country’s cultural experiences.
Thank you for your time and consideration.
Sincerely,
[Your Name]
Tips for a Successful Application or Appeal
- Ensure your application is complete and accurate without missing information or inconsistencies.
- Provide up-to-date, well-organized, and relevant supporting documents.
- Demonstrate compliance with immigration rules and genuine intentions to work in the UK.
- Seek professional advice from experienced immigration solicitors like Kayani Legal to avoid common pitfalls and improve your chances of success.
Common Reasons for Refusals
- Incomplete or incorrect application forms
- Insufficient supporting documents or evidence
- Failing to meet the points-based system requirements
- Doubts about the genuineness of the job offer or the applicant’s intentions
- Criminal history or security concerns
Visa Extensions and Changes
If your circumstances change or you wish to extend your stay in the UK, consult with an experienced immigration solicitor like Kayani Legal to explore your options for visa extensions or switching to a different visa category.
Rights and Restrictions
Your UK work permit grants you specific rights, such as working for your sponsoring employer and accessing public healthcare services. However, restrictions include the prohibition on accessing public funds and the requirement to leave the UK once your visa expires or your employment ends.
Case Studies and Success Stories
Case Study 1: Skilled Worker Visa for a Software Engineer
Client: A highly skilled software engineer from India.
Challenge: The client had a job offer from a UK-based tech company but was concerned about navigating the complex Skilled Worker Visa application process and meeting the strict eligibility criteria.
Strategy: Kayani Legal carefully reviewed the client’s job offer, qualifications, and experience to ensure they met the Skilled Worker Visa requirements. They also assisted the client in gathering the necessary documentation, including proof of English language proficiency and the required Certificate of Sponsorship from the employer.
Outcome: With Kayani Legal’s expert guidance, the client obtained their Skilled Worker Visa and could start their new job in the UK.
Case Study 2: Intra-Company Transfer Visa for a Multinational Executive
Client: A top-level executive from a multinational corporation.
Challenge: The client’s company wanted to transfer them to a critical position in their UK office, but the client needed help navigating the Intra-Company Transfer Visa application process.
Strategy: Kayani Legal worked closely with the client and their employer to ensure all eligibility criteria were met, including securing a valid Certificate of Sponsorship. They also advised the client on the necessary documentation and the appropriate salary thresholds to meet the visa requirements.
Outcome: The client successfully obtained their Intra-Company Transfer Visa, enabling them to take up their new position in the UK office and contribute to their company’s continued growth.
Case Study 3: Temporary Worker Visa for a Creative Professional
Client: A talented artist outside the EEA, invited to participate in a prestigious UK-based arts festival.
Challenge: The client needed a Temporary Worker Visa to work legally in the UK during the event but needed to familiarise themselves with the application process and was concerned about the tight deadline.
Strategy: Kayani Legal swiftly assessed the client’s eligibility and guided them through the application process. They liaised with the arts festival organisers to secure a valid Certificate of Sponsorship and helped the client gather the necessary documentation to support their application.
Outcome: The client obtained their Temporary Worker Visa in time to participate in the arts festival, showcasing their talents on an international stage.
Case Study 4: Start-up Visa for an Entrepreneur
Client: An ambitious entrepreneur with an innovative business idea in the technology sector.
Challenge: The client wanted to establish their start-up in the UK but needed a Start-up Visa. They needed clarification about the endorsement process and how to demonstrate the viability of their business idea.
Strategy: Kayani Legal worked closely with the client to develop a robust business plan highlighting their idea’s innovative nature and potential for job creation and economic growth in the UK. They also assisted the client in obtaining endorsement from an approved organisation, a crucial requirement for the Start-up Visa.
Outcome: The client successfully obtained their Start-up Visa and launched their business in the UK, bringing their innovative ideas to market.
Case Study 5: Global Talent Visa for a Renowned Scientist
Client: A world-renowned scientist in the field of medical research.
Challenge: The client wished to continue their research in the UK but needed help applying for a Global Talent Visa and securing an endorsement from the appropriate organisation.
Strategy: Kayani Legal assessed the client’s eligibility for the Global Talent Visa, considering their achievements and international recognition in their field. They guided the client through the endorsement process, helping them gather evidence of their research contributions and demonstrating their potential to contribute to the UK’s knowledge economy.
Outcome: The client obtained their Global Talent Visa and endorsement from the relevant organisation, allowing them to continue their groundbreaking research in the UK.
Do You Need a UK Work Visa?
Under the UK’s points-based system, all EEA and non-EEA nationals who are not settled workers or do not have permission to work in the UK will need a visa.
Skilled Worker Visa
The Skilled Worker visa is sponsored for migrant workers in a specific, eligible skilled occupation for a Home Office-approved employer. To qualify for this visa, the applicant must have a genuine job offer from a UK-licensed sponsor that meets the minimum salary and skill requirements, be able to support themselves on arrival, and speak English to a set standard.
As a highly successful firm of solicitors, Kayani Legal understands the importance of securing the right to work in the UK. That’s why we’re dedicated to helping you navigate the complex process of obtaining a skilled worker visa.
What is a Skilled Worker Visa for the UK?
This visa allows individuals to work in the UK in compliance with immigration rules. This visa category was introduced in December 2020 to replace the previous Tier 2 (General) visa and intends to attract highly skilled workers to the UK.
Who is Eligible for a Skilled Worker Visa?
There are precise requirements you have to comply with: including:
- Having a job offer from a UK employer who holds a sponsor license
- A score of at least 70 points on the UK Points-Based System (PBS)
- Proof of English language proficiency
- Enough money to support yourself without requiring public funds
How to Apply for a Skilled Worker Visa?
We help to:
- Obtain a Certificate of Sponsorship from your UK employer.
- Submit your visa application online.
- Attend a biometric appointment.
- Wait for a decision on your visa.
Global Business Mobility Visa
The Global Business Mobility visa, launched in April 2022, offers five sub-categories of visas designed for workers with specific expertise to support projects or commercial needs in the UK. From the Senior or Specialist worker access to the Graduate Trainee visa, Kayani Legal can help you determine which sub-category is best for your needs and guide you through the application process.
Maximising Your Chances of Success
Kayani Legal’s team of experienced lawyers understands the importance of obtaining a UK work visa and is committed to maximising your chances of success.
Don’t hesitate to contact Kayani Legal to discuss your options. Contact us today for a cost-effective work permit or skilled worker visa advice.
Case Laws on UK Work Permits
UK work permits are governed by UK immigration rules and are subject to change. We provide an overview of recent case law on UK work permits
R (on the application of Journey Care Ltd) vs (SSHD) Secretary of State [2019] EWHC 2480 (Admin)
This case addressed the Secretary of State’s decision to refuse a work permit to a care worker. The court held that the Secretary of State had failed to consider the best interests of the care recipient correctly and that the decision was unlawful.UK immigration rules govern UK work permits and are subject to change. We provide an overview of recent case law on UK work permits.
R (on the application of Journey Care Ltd) vs (SSHD) Secretary of State [2019] EWHC 2480 (Admin)
This case addressed the Secretary of State’s decision to refuse a work permit to a care worker. The court held that the Secretary of State had failed to consider the best interests of the care recipient correctly and that the decision was unlawful.
R (on the application of IH) vs Secretary of State for the Home Department (SSHD) [2018] EWCA Civ 899
This case concerned the Secretary of State’s decision to revoke a work permit from an individual working in the UK for several years. The court held that the Secretary of State must adequately consider the individual’s right to respect private & family life under Article 8 of the European Convention.
R (on the application of Bumble Trading Inc) vs Secretary of State for the Home Department [2021] EWHC 738 (Admin)
This case addressed the Secretary of State’s decision to refuse a work permit to a foreign national who was seeking to work for Bumble Trading Inc in the UK. The court held that the Secretary of State had failed to correctly consider the child’s best interests and that the decision was unlawful.
R (on the application of S) vs Secretary of State (SSHD) [2020] EWCA Civ 1334
This case concerned the Secretary of State’s decision to revoke a work permit from an individual working in the UK as a care worker. The court held that the Secretary of State had failed to consider the best interests of the care recipient correctly and that the decision was unlawful.
R (On the Application of Alvi) v SSHD [2012] UKSC 33
The role of policy guidance in Tier 2 applications and the “Points-Based System.
R (On the Application of Raj and Knoll Ltd) v SSHD [2013] EWHC 409 (Admin)
Sponsor licence suspensions and the duty of fairness in the decision-making process.
R (On the Application of Ganesabalan) v SSHD [2018] EWHC 2041 (Admin)
Tier 2 (General) visa applications and the “genuine vacancy” test.
R (On the Application of Techsource) v SSHD [2016] EWHC 2619 (Admin)
- Sponsor licence revocations
- the impact on Tier 2 migrants
- the right to a fair hearing
R (On the Application of MK (Pakistan)) v SSHD [2014] EWHC 3615 (Admin)
Tier 2 (General) visa applications and the “Resident Labour Market Test.
/faq
What is the difference between the Tier 2 and Skilled Worker visas?
Tier 2 visas are for skilled workers offered work in the UK by a sponsor. A skilled Worker visa is for those who have been offered a job at a particular occupation in the UK.
Who can sponsor a Skilled Worker visa to the UK?
An approved sponsor, such as an employer, can sponsor a Skilled Worker Visa in the UK. Sponsors must have a valid sponsor license. They must also meet specific requirements, such as showing they can provide suitable employment for visa holders.
Can a UK work visa be obtained for an individual without having to offer a job?
An individual cannot obtain a UK work visa if they don’t have a job offer from an approved sponsor. Consequently, the job offer is pivotal for Tier 2 work permits.
Can a visa for a skilled worker be denied?
Yes. Skilled worker visas can be denied if an applicant fails to meet specific eligibility requirements. This includes scoring enough points on the points-based assessment or if the visa application was improperly prepared.
How long does it take for a UK Skilled Worker Visa to be processed?
Although the processing time for a UK Skilled Worker visa may vary, it typically takes eight weeks. If you use premium service, it may expedite the application.
How much does sponsoring a Skilled Worker visa for the UK take?
Sponsoring a Skilled Worker visa to the UK can be costly. It depends on your specific circumstances. However, it is usually between £536 and £1,476.
How long does a Skilled Worker visa last?
A Skilled Worker visa is usually valid for five years. After that, you may apply for ILR.
What’s the minimum wage for Tier 2 visas?
For Tier 2 visas, the minimum salary is £25,000. In some categories, it starts from £21,000
Are the Skilled Workers’ visas permanent visas?
The Skilled Worker visa does not have a permanent status. This visa is only granted for a specific period. However, it may lead to permanent settlement.
Ask a question.
Why Choose Kayani Legal
Expertise in UK Immigration Law
Kayani Legal deeply understands UK immigration law and the constantly evolving policies and regulations. Their team of experienced solicitors has successfully handled numerous work permit applications across various categories, making them a trusted partner for clients seeking to work in the UK. Their extensive knowledge ensures that clients receive accurate and up-to-date advice tailored to their circumstances.
Personalised and Comprehensive Service
Kayani Legal understands that each client’s unique situation requires a customised approach. They take the time to thoroughly assess their client’s individual needs, qualifications, and work experience to determine the most suitable work permit category. Kayani Legal provides comprehensive support from the initial consultation to the final decision on the work permit application. This personalised approach increases the chances of a successful outcome and ensures clients feel supported at every step.
Proactive Problem-Solving
Navigating the work permit application process can be challenging and complex, with various potential hurdles and obstacles. Kayani Legal adopts a proactive problem-solving approach to address issues arising during the application process. Their team of solicitors identifies potential challenges early on and develops strategic solutions to overcome them, thereby minimising delays and maximising the chances of a successful application.
Collaborative Approach with Employers
In many work permit categories, the involvement of the UK-based employer is crucial to a successful application. Kayani Legal collaborates closely with employers to ensure they understand their role in the process and provide the necessary support and documentation. This collaborative approach streamlines the application process, helps avoid misunderstandings or miscommunications, and ultimately results in a higher likelihood of securing the desired work permit.
Commitment to Client Success
Kayani Legal is dedicated to helping clients achieve their work goals in the UK. They recognise the significant impact that obtaining a work permit can have on their client’s lives and careers, and they work tirelessly to secure positive outcomes for their clients. This commitment to client success is evident in their track record of successful work permit applications and the positive feedback from satisfied clients.
In summary, clients seeking to obtain a UK work permit should consider choosing Kayani Legal for the following reasons:
Expertise in UK immigration law
Their in-depth knowledge of the immigration system ensures that clients receive accurate and up-to-date advice.
Personalised and comprehensive service
Kayani Legal tailors their approach to each client’s unique needs and provides support throughout the application process.
Proactive problem-solving
The firm identifies potential challenges early on and develops strategic solutions to overcome them.
Collaborative approach with employers
They work closely with UK-based employers to streamline the application process and maximise the chances of success.
Commitment to client success
Kayani Legal’s dedication to helping clients achieve their goals is evident in their track record of successful work permit applications.
By choosing Kayani Legal, clients can have confidence in the firm’s expertise, personalised approach, and commitment to securing the best possible outcome in their work permit application.