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COMMON UK ENTRY ROUTES
This page aims to provide a brief overview of the
various routes open to non European Economic Area
("EEA") Nationals who want to work in the UK. It is by
no means an exhaustive list of the available immigration
routes into the UK but provides an overview of some of
the more common routes.
The UK Government wishes to manage legal
migration in the interests of the British economy, and
there are opportunities for individuals with very
different types and levels of skill to work in the UK.
It is important, however, to ensure that you are aware
of the various procedures that need to be followed in
order to obtain a UK visa, so make sure you obtain
expert advice at the outset.
For expert immigration advice call Jennifer Lambe
at Mishcon de Reya Solicitors on + 44 (0)20 7440 7136 or
e-mail her at jennifer.lambe@mishcon.com.
You might also wish to contact Commonwealth Immigration
Consultants Ltd. on + 44 (0) 20 8365 3380, tim@commonwealthimmigration.com
or visit www.commonwealthimmigration.com.
ANCESTRY VISA
You can qualify for a UK Ancestry Visa if you are
a Commonwealth citizen, aged 17 or over, have a
grandparent who was born in the UK, the Channel Islands
or the Isle of Man (or you have a grandparent who was
born in what is now the Republic of Ireland before 31
March 1922) and are able to support and accommodate
yourself and any dependants in the UK without recourse
to public funds.
It is important to note that you will need to
apply for Entry Clearance under the Ancestry Visa route
before you leave for the UK.
The Ancestry Visa allows the holder to come to
the UK to live and work for 5 years. After 5 years it is
possible for an Ancestry Visa holder to apply to live in
the UK permanently and without restriction, provided
that at that time the holder can still satisfy the
Ancestry Visa requirements and has worked for the full 5
years of their stay in the UK.
2008: Changes
The UK
government have announced details of the implementation
of the first stage of the new Points Based System in
2008. The new system will consist of 5 Tiers of Entry:
Highly Skilled, Skilled Workers, Low Skilled Workers,
Students, Youth Exchange Programmes and various other
programmes.
BUSINESS AND COMMERCIAL WORK
PERMIT
The Work Permit Scheme will change significantly
in 2008 when the government introduces the new Points
Based System. This planned change highlights the fact
that expert immigration advice should be obtained to
ensure that you are able to work in the UK and make the
appropriate application.
The Business and Commercial Work Permit allows UK
employers to recruit people from outside the EEA who are
going to be filling a position that may otherwise be
filled by an EEA National.
Applications for Work Permits are made by the UK
based employer on behalf of the individual they wish to
employ. The Work Permit is specific to that
employer and to the job specified in the Work Permit. If
the employee wishes to change employer or job then a new
Work Permit must be obtained.
Work Permits can be granted for a period of time
up to 5 years.
The Work Permit scheme is also a route to living
in the UK permanently without restriction provided that
the Work Permit holder has been in the UK under the Work
Permit scheme for 5 years and is able to meet the
requirements for Indefinite Leave to Remain in the
UK.
HIGHLY SKILLED MIGRANT
PROGRAMME
The Highly Skilled Migrant Programme ("HSMP")
operates on a points-based system and is designed to
allow highly skilled individuals to migrate to the UK to
look for work or self-employment opportunities. The HSMP
is different from the Work Permit scheme because you do
not need a specific job offer in the UK to apply and are
able to move from employer to employer or job to job
without restriction.
Applicants must score a total of 75 points under the
following categories:
Qualifications
Past Earnings
Age Assessment
UK Experience
There is also an English language requirement,
which must be formally evidenced.
HSMP status is initially granted for a period up to
24 months and can be extended towards the end of the
initial grant for a further 3 years.
The HSMP is also a route to living in the UK
permanently without restriction provided that the HSMP
holder has been in the UK under the HSMP for 5 years and
is able to meet the requirements for Indefinite Leave to
Remain in the UK.
The current assessment criteria for the HSMP
category will be incorporated into Tier 1 circa March
2008. This will involve applications submitted to
the British Embassy in the home country of the
applicant. If the applicant is currently in the UK on a
work visa / student visa, they can apply in the UK.
This visa will be for 3 years, then extendable
for another 2 years, bringing the applicant to the 5
years necessary for permanent residence.
INTERNATIONAL GRADUATES
SCHEME
The International Graduates
Scheme (IGS) was launched on 1 May 2007 with the aim of
encouraging graduates of UK further or higher education
establishments to pursue a career in the United Kingdom.
IGS is a transitional route, which enables
students who have studied in the UK access to the
British labour market for a period of 12 months after
the completion of their studies.
During their leave under IGS participants can
take any type of employment or self-employment. If they
want to remain here beyond their leave under IGS in
order to pursue their career, they can switch into
various employment or self-employment categories, if
they meet the relevant requirements.
The requirements for this scheme are:
- the student has successfully completed a relevant
course at a recognised or listed UK institution of
Higher or Further Education on or after 1 May 2007. A
relevant course is one of:
- Bachelor's degree course
- Master's or PhD course
- postgraduate certificate or diploma
- must have completed their course in the last 12
months(as shown by the date of expiry of leave as a
Student to complete this course),
- must intend to work during the period of leave
granted under the scheme without recourse to public
funds
- must intend to leave the UK at the end of their
stay (unless granted leave as a work permit holder,
highly skilled migrant, business person, innovator or
student)
WORKING HOLIDAYMAKER
SCHEME
The Working Holidaymaker Scheme
is an arrangement where a Commonwealth citizen aged
between 17 and 30 can come to the UK for an extended
holiday for up to 2 years provided they are able to
support themselves without recourse to public funds. You
can work, but only provided this is incidental to the
holiday. The holiday should be the primary reason for
your stay and you will not be allowed to work for more
than 12 months during your 2-year
stay. | 
