Ashfords Solicitors - Employing Foreign Workers

Employing Foreign Workers - Work Permits

Introduction

Is your company considering employing foreign workers? Do you know if the person you want to employ needs a work permit? Do you know if they can get a Work Permit for the type of work you want them to do?

Think First

If the worker is a non-EEA national, it is likely that they will need a work permit to work in the UK. You, as the prospective employer, have the responsibility of applying for a Work Permit.

You cannot rely on a Work Permit which allows an individual to work for a different employer.

If your foreign workers do not have the required Work Permits, as well as leave to enter/remain in the UK, you will be employing them illegally.

Workers from the new EU Member States also do not have an automatic right to work in the UK.

If you do not comply with the immigration rules, you could leave your company, as well as its individual officers, vulnerable to large fines and criminal liability.

You should therefore seek legal advice before you act.

Our Services

Our work includes Work Permit applications, including preparatory advice on (for example) the likelihood of a Work Permit being granted, and advertising requirements.

We can also help you make applications under the Highly Skilled Migrant Programme (HSMP), and assist with applications for review of work permit rejections by the Border and Immigration Agency (the Home Office).

Future Changes

A new single points-based system with five tiers, replacing the current immigration categories, is being phased in during 2008. The new rules will also strengthen compliance and enforcement procedures with effect from February 2008.

It is envisaged that Tier 1 of the new system (replacing the current HSMP) will be launched at the beginning of 2008, and Tier 2 (replacing the Work Permit scheme) will be phased in during the third quarter of 2008.

For further information and advice, please contact Linnea Keldusild by calling her on 01392 333808 or emailing on l.keldusild@ashfords.co.uk.

7th December 2007

Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.