In order to work within the United Kingdom you need to hold a valid work permit or visa. You can obtain a work permit from your local British Embassy/High Commission. There are a number of different options for people applying for visas, all of which are outlined below.
Working Holiday Visa (WHV)
To be eligible for the WHV, you will be a national or citizen of an eligible country or be a British Overseas Citizen; a British Overseas Territories Citizen; or a British National (Overseas). You will also be aged between 17 and 30 at the time of application to apply successfully for the two year Working Holidaymakers Visa.
Since changes in the law regarding the WHV, all people who had a WHV issued before 7th February 2005 can now work for the full two years.
All WHV's issued after the 7th February 2005 have been restricted to 12 months work within this two year period. There is no restriction on the type of employment that you may take, as long as the employment is incidental to the holiday.
Please remember that Working Holidaymakers Visas are still issued for a maximum of two years and applications for a second visa will not be permitted.
You cannot switch to employment whilst you are in the country - employers will need to lodge applications with the candidate having returned to their home country.
Ancestry Visa
If your parents or grandparents were born in the United Kingdom, you are entitled to work for four years.
You will be able to qualify if you can show that:
- you are a Commonwealth citizen
- you are aged 17 or over
- you have a grandparent who was born in the UK, the Channel Islands or the Isle of Man
- you have a grandparent who was born in what is now the Republic of Ireland before 31 March 1922
- you are able to work and intend to do so in the UK you can support and accommodate yourself and any dependants without any help from public funds.
If you arrive with a United Kingdom Ancestry visa you will have permission to stay for four years.
As of the 3rd April 2006, the UK Ancestry Visa will now be granted for a period of five years.
After five years you will be able to apply for permanent residence provided you continue to meet the requirements of the Rules of the United Kingdom Ancestry and you have spent a period of five years continuously in employment in the UK in this way.
Highly Skilled Migrant Program
This program is designed to allow highly skilled people to work in the UK. The Highly Skilled Migrant Program is a points-based system, where you have to meet a number of criteria to be eligible to work in the UK under this scheme. You do not need a specific job offer in the UK to apply.
At first you are given permission to stay in the UK for up to 24 months to seek work or self-employment opportunities. After 24 months, you can apply to stay for longer but you must be economically active. If you continue to live in the UK continuously for five years with Home Office permission, you can apply after four years and eleven months for Indefinite Leave to Remain. After a period of five years and eleven months, you can then apply for Naturalisation.
Recent changes to the program
The Government suspended the Highly Skilled Migrant Program from Tuesday 7th November 2006 until Tuesday 5th December 2006 in order to make some changes to the current scheme.
From the 5th December 2006 the main changes are as follows:
- Applicants must now score at least 75 points and meet a minimum standard of English language skills, this is determined under the IELTS system and must be at level 6 and above.
Points are awarded under the following headings as of the 5th December:
- Qualifications
- Previous earnings
- Prior UK experience as a student or employee
- Age
- Participation in an MBA scheme
Spousal Visa
If you are married to a British person you can apply for a one-year visa after which you can apply to stay indefinitely.
Dependant Visa
You are eligible if either your mother or father is a British passport holder.
Work Permit
In order to gain a work permit in the UK, an employer has to apply on your behalf. The employer has to satisfy certain criteria in order to qualify for this scheme. If you are able to find an employer who is willing to apply for a work permit for you, you cannot transfer this permit to a different job or work for a different employer. Permits can be issued for up to five years.
Right of abode
The right of abode means that you are entirely free from United Kingdom immigration control; you do not need to get permission from an immigration officer to enter the United Kingdom and you can live and work here without restriction.
All British citizens and certain Commonwealth citizens, and citizens of certain other countries have the right of abode.
International Graduate Scheme
A new visa was legislated from the 1st May 2007 called the International Graduate Scheme. This is a 12 month visa issued to applicants who have completed a Bachelors or higher degree course after the 1st May 2007.
It allows the holder to work unrestricted for a 12 month work period and after 12 months the candidate can switch to the Highly Skilled Migrant Programme visa or consider requesting a work permit application from their employer.
Individuals do not need a specific UK job offer to apply for the International Graduate Scheme.
Further information
For more information on how to obtain a UK visa/work permit, or to view the latest amendments, visit the Foreign & Commonwealth or the Home Office's Immigration and Nationality Directorate websites.
For general information and to find out if you are eligible for a British visa/working permit, contact the following website:
www.uk.emb.gov.au
Other useful websites:
www.ukvisas.gov.uk
www.ind.homeoffice.gov.uk
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