Changes to the United Kingdom work permit criteria – Business and Commercial

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16 September 2000

As from 1st October 2000, a number of significant changes to the current scheme will, take place.

The main changes are as follows:

1. Skills, Qualifications and Experience

OLD RULES: Candidate must have

a) a UK degree equivalent qualification and two years experience

OR

b) 5 years senior level experience

NEW RULES: Candidate must have

a) a UK degree equivalent qualification

OR

b) 3 years senior level experience in a relevant, specialised area

OR

c) a HND level occupation which entitles him to do a specific job

OR

d) a general HND level qualification and 1 year relevant experience

OR

e) 3 years relevant experience at NVQ level 3 or above

2. Intra-Company Transfers

OLD RULES: If a candidate has a degree and 2 years experience, the most recent 6 months of which is with your overseas branch they will qualify for an ICT. If he has a degree and 1 years experience, the most recent 6 months of which is with your company overseas, they will qualify for a career development ICT, which can only be approved for a maximum of 3 years.

NEW RULES: A candidate will qualify for an ICT if he has been with your company for 6 months or more and has gained at least one of the following before joining your overseas branch;

Career development category has been scrapped.

3. Tests of the resident labour market

  1. No further tests will be required for extensions to work permits providing the job remains the same.
  2. Internet advertising will be accepted providing it can be argued as the most appropriate form

4. Length of permit

From 1st November 2000 a permit can be awarded for up to five years. Indefinite Leave to Remain applications can still be made after 4 years in the UK on a work permit.

5. Keyworker applications

These have now been scrapped. Candidates currently on keyworker permits should be able to get extensions without the need to re-advertise. Keyworkers who wish to change employers who did not have 3 years experience in a specialist area may exceptionally get the change of employment approved without the need for advertising, providing the new position is in the same occupation.

6. Supplementary employment

Permission is no longer needed from the Work Permits (UK) if a candidate wants to take supplementary employment, providing it is work of a similar nature and does not exceed working time regulations

7. Graduate Training Schemes

These now come under the Work Permit (Business and Commercial) criteria, they will no longer come under the Training and Work Experience Scheme

8. TWES ‘switches’

It may now be possible for candidate’s on TWES permit’s to apply for full work permits, even with the same employer

9. Hotel and Catering Staff

These now come under the Business and Commercial application; there is no longer a separate form

10. Experience gained in the UK as a student or a Working Holidaymaker

It is now specified that experience gained as a student or a working holidaymaker is not usually considered as reason to approve continued employment

11. Shareholding

A candidate is permitted a small amount of equity in the company for which he is working but this should not normally exceed 10 per cent, should not result in a significant or controlling interest, and should have been given to them as part of the pay package linked to their employment

12. Changes to the skill shortage occupation list

The following posts have been added to the skilll shortage occupation list for business and commercial applications

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