The end of work permits and the start of Tier 2 - details

The current work permit scheme will be abolished in late November (current information suggests 27 but no formal announcement as yet- watch this space!) and replaced with Tier 2 of the Points Based System (PBS). Under PBS an employer must be licensed to sponsor migrants to work for in the UK.

If you have not already submitted a licensing application (or if you have but would like to submit work permit applications under the old scheme before its abolition), please note that the last day for submitting work permit or work permit extension applications is likely to be 26 November 2008.

We [CMS Cameron McKenna LLP] strongly recommend that you identify now all those individuals whose permission will expire within three months of 26 November (i.e. up until the end of February 2009) and assess whether the extension application should be filed now.

The procedure under the two schemes is detailed here:

Work Permit Extensions (the old scheme)

• Can be submitted up to three months in advance of the individual’s visa expiry. In exceptional business circumstances, the application may be submitted earlier but no guarantee it will be processed.
• An application is submitted to UKBA and a decision will be made within 2 - 3 weeks (Stage 1). 
• CMS Cameron McKenna LLP will use its Fast Track for Representatives and submit an application for the visa to be processed in one business day (Stage 2), ensuring that key personnel are not without their passports for more than 48 hours.

Tier 2 (the new scheme)

• Employer (or their representative acting as Level 1 or Level 2 User) will issue a Certificate of Sponsorship for the additional period required.
• An extension application will be made by post to UKBA (likely to take 4-14 weeks with 6 weeks as the target turnaround). The individual must submit their passport and those of any family members throughout this entire period.
• The UKBA hope to have the fast track procedure operational for Tier 2 applicants by early 2009 (February /March at the earliest). 

Applicants who are grant a work permit extension after the 27 November (i.e. the application is submitted on or before 26 November but approved later), should be able to continue to use the fast track throughout December and early 2009.

As the Fast Track procedure will not be available throughout the busy Christmas period for individuals whose applications are processed under Tier 2, we strongly recommend that work permit extensions are processed now where possible. There will be little scope to expedite applications regardless of urgent business travel and Christmas plans.

We suggest that the message that there will be no quick procedure is communicated to the business and the migrant population as early as possible to minimise disappointment and frustration over intended travel plans (both for business and personal reasons).

Tier 1

If you are not licensed as a sponsor, you may be able to support migrant workers through routes other than Tier 2. For example, if the migrant is a graduate and has earned over £40,000 in the 12 months preceding the application (or less depending on where the money was earned) , s/he may be eligible to apply for Tier 1 permission.

However, as applications take in the region of 6 - 8 weeks, this scheme will not provide a quick fix to migrants who need continued access to their passports for work purposes.