Can I get the work permit?

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If you are not yet established in the UK, you may be unable to apply for work permits and should consider a Sole Representative visa. However, if you have started to trade in the UK, you can probably obtain a work permit if

The question of who is the ‘Ultimate Employer’ becomes relevant only for service companies, such as Software Houses, who are carrying out work on client projects. If you fall into this category, please contact us for a detailed discussion of your situation..

Intra-group staff transfers can be considered more leniently than other applications in that it is not usually necessary to advertise the position in the UK/EU if transferring a member of staff who has been with you at least 6 months.

If the candidate has not been working for one of your related overseas entities, you will usually have to advertise the position in the EEA before making an application to fill it with an Overseas national. For particularly senior positions, and those with shortage skills , the advertising requirement may be waived. The advice below is therefore broken into two sections:

Applications that can be made without advertising

Advertising is not necessary where:

Please note that IT occupations have not been on the shortage list since 2 September 2002.

For applications that can be made without advertising, the main thing is to show that the candidate is suitably qualified / experienced

In order to do this you will need to show that the candidate has:

Applications that usually require advertising

Advertising is generally necessary in all cases other than those mentioned in the above section. For such applications you will need to prove two things

That the candidate is suitably experienced to hold a full work permit

In order to do this you will need to show that the candidate has:

That the vacancy can not be filled by an EEA worker

In order to do this you will need to show that you have gone to all reasonable lengths, to recruit an EEA resident; these lengths will usually including advertising the post.

This advertising should usually occur in the National Press, or in a trade Journal. Advertisements on the internet will be acceptable where it can be shown that, for the job in question, the internet is the best way to reach your target audience. In particular, the internet is acknowledged as the most appropriate medium for advertising IT positions.

Once the advertising has been placed, the employer should allow four weeks to gauge the response of the domestic labour market. Advertisements over 6 months old are considered to be 'Out of date', and will not be considered.

It is occasionally possible to persuade the Work Permits (UK) exceptionally to grant a permit for a position which has not been advertised. However, it is generally unwise to rely on the favorable consideration of such applications.