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Saturday, 22 November 2008

Do you need permission to work in the UK?

Your employer will need to know if it is legal for you to work in the UK and whether you need a work permit or visa. You will need to show proof of your right to work.

Who can work in the UK?

If you want to come to the UK to work, whether you can do so depends on who you are. Unless you're a British citizen or a citizen of one of the European Economic Area (EEA) countries, you may need a visa before you travel here.

If you have to get a visa, you'll need to be cleared by officials at a British Overseas Mission in your country of origin. Once cleared, the entry clearance certificate, or visa, will be put into your passport or travel document.

Accession state workers

If you're from one of the new European Union member, or 'accession', states you may need to register with the Home Office under the Worker Registration Scheme within one month of starting a job. The countries affected are:

  • Poland
  • Lithuania
  • Estonia
  • Latvia
  • Slovenia
  • Slovakia
  • Hungary
  • The Czech Republic

However, you don't need to register to work in the UK if you're:

  • self-employed
  • from Cyprus or Malta

There are a few other circumstances when you wouldn't need to register if you're from one of the accession states.

As an agency or temporary worker you’ll need to register to work within a month of starting work.

Unless exempt, nationals from Bulgaria or Romania require authorisation from the UK Border Agency before undertaking any employment in the UK.

Students

If you're an international student you may not need permission to work here when you're studying. If your home country is in the EEA, or you're a Swiss national, you can work without restrictions on the type or amount of work you do.

Otherwise, you should check the visa stamp in your passport. If it says 'prohibited' you can't work in the UK. If it grants you leave to enter or remain in the UK as a student, you can work here provided you:

  • don't work more than 20 hours a week during term time, unless the employment is part of your studies or is an internship
  • don't engage in business, are not self-employed and don't provide services as a professional sportsperson or entertainer
  • don't take a permanent full-time position

Points-based system

If you are a highly skilled worker, entrepreneur, investor or post-study worker and you want to come or extend your stay in the United Kingdom, you should apply for your United Kingdom visa under the first tier of the new points-based system. This applies if you are here now under the Highly Skilled Migrant Programme which closed when tier 1 was introduced. This does not apply to citizens of EEA countries.

Other tiers for students, skilled workers with a job offer and temporary workers such as musicians, actors and sportsmen will be introduced later in the year.

What proof an employer will need

If you're from an EEA country, you'll need to show a prospective employer your passport, national identity card or Home Office Residence Permit.

Employers can face unlimited fines if they employ illegal workers, so they need to make sure that no one they employ is working in the UK illegally. However, to protect themselves against discrimination laws they should treat all job applicants equally. So don't be offended if you're asked to prove your nationality, as even UK nationals will be asked to provide proof.

Work permits

There are a number of schemes and programmes for people who want to work in the UK. If you're not from an EEA country or Switzerland, you're likely to need a work permit to work here.

There are six separate groups for ordinary work permit applications:

  • business and commercial
  • training and work experience
  • sportspeople and entertainers
  • student internships
  • general agreement on trade in services (GATS)
  • hospitality and food processing (sector-based schemes)

How to apply for a permit and how long it lasts for

You can't apply for a permit yourself - you'll need the UK-based employer who wants to employ you to do it for you. How long your permit lasts for will depend on the work you do and the type of permit applied for. For example, business and commercial work permits can be issued for up to five years, but sector-based permits are only issued for up to 12 months.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on employment rights issues. You can call the Acas help line on 08457 474 747 from 8.00 am to 6.00 pm Monday to Friday.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union, you can get help, advice and support from them.

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