Ensuring your workers are eligible to work in the UK

Check if an applicant qualifies for a work permit

In general, Work Permits (UK) must be satisfied that it is essential to recruit the overseas national for the position in question and that there is no suitable and available person settled in the UK or European Economic Area (EEA) who could otherwise fill the post. Work permit applications are assessed in the light of an employer's responses to the following questions:

Is the employer UK-based?

Will the applicant work on a Class 1 National Insurance basis with a contract of employment?

Is the vacancy real? The post must not have been created for the purpose of recruiting a particular person.

• Is the employer providing a service where the person will be working at a client's address? Permits will not be issued to recruitment/employment agencies where people are employed solely to provide services under contract to one or more clients.
• Are pay and conditions equal to those of a resident worker doing a similar job?
• Does the job comply with UK law and any rules on registration or licensing?
• Does the job satisfy the skills, qualifications and experience criteria for a work permit?
• Is the person suitably qualified and experienced to do the job on offer?
• Are there suitably qualified or experienced resident workers - EEA nationals or a person with settled status in the UK - available to do the job?

Subjects covered in this guide

• Introduction
• Check entitlement to work in the UK
• When to check documents and how long to keep them
• Who doesn't need permission to work?
• Understand the work permit scheme
• Check if an applicant qualifies for a work permit
• How to apply for a work permit
• Extend or change existing work permits
• Employees from the European Economic Area

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