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There are a number of schemes under which non-EU nationals can apply to work in the UK. Details of these, including the requirements and evidence which should be submitted, can be found on the UKvisas website (www.ukvisas.gov.uk). Two of the largest schemes are Work Permits and the Highly Skilled Migrant Programme (HSMP) and details of the requirements and processes of these are given.
Non-EU nationals can also be permitted to work if they enter the UK under a long-term category, such as husband/wife/partner, though there is no requirement for them to demonstrate their employability in order for entry clearance to be issued.
Work Permits
If a non-EU citizen is required to have a work permit to apply to enter the UK, their UK-based employer, as part of the work permit application process, is required to:
demonstrate that the non-EU citizen has the skills, qualifications and experience to enable them to do the job on offer (except under the Sectors Based Scheme);
inform the Border and Immigration Agency how they verified the non-EU citizen’s qualifications and skills for most Business and Commercial and Training and Work Experience applications; and
demonstrate that the non-EU citizen has appropriate registration with a UK professional organisation, for example, the Nursing and Midwifery Council or the General Medical Council, where that is required by legislation.
The employer is required to provide supporting documentation. The Border and Immigration Agency may request original documents where copies have been supplied and, if necessary, check their authenticity.
A work permit holder must apply for entry clearance before travelling to the UK. This will be granted provided the Entry Clearance Officer is satisfied that the applicant:
holds a valid work permit and is capable of undertaking the employment specified;
is not below the age of 13 years;
does not intend to take employment except as specified on the work permit;
intends to leave the UK on expiry of the work permit (where a work permit is due to expire within 12 months); and
is able to be maintained and accommodated (and any dependants) adequately without recourse to public funds.
HSMP
The HSMP is a points based immigration route. If a non-EU citizen wishes to enter the UK as a highly skilled migrant they must demonstrate their highly skilled status by scoring 75 points across the following areas:
qualifications held;
previous earnings;
age; and
UK experience.
Applicants must also demonstrate that they hold English language skills to the required level. Successful HSMP applicants do not require a prior offer of employment to enter the UK.
When considering HSMP applications, the Border and Immigration Agency requests original documents and, where necessary, checks their authenticity.