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Work Permits

Volume 455: debated on Thursday 25 January 2007

To ask the Secretary of State for the Home Department on what grounds an application for a change of employer for somebody holding a work permit may be refused. (116365)

Such an application may be refused because the new employer, work permit holder or new job do not meet the work permit criteria. The grounds are:

that the work permit holder:

does not possess the qualifications or experience required for the new post;

has a significant shareholding or beneficial interest in the UK-based company or connected business;

was in the UK to undertake a period of training or work experience and has completed the maximum period allowed under that category or is seeking to do a different type of training or work experience;

that the new job:

does not meet the skills criteria of the work permit arrangements;

the pay and conditions of the new employment are worse than that of resident workers doing a similar job;

does not comply with UK legislation;

was not advertised, or advertised appropriately, where that was required;

or that there are suitably qualified or experienced resident workers available;

that the new employer:

has no UK base;

has not shown that they are capable of offering a genuine vacancy;

has not shown there is a genuine vacancy for an employee in this country;

is not responsible for the employment of the work permit holder.