Law for applying WP

Qwerty · Post by **Qwerty** » Sat Oct 02, 2004 12:43 pm

Is it a rule that, for applying workpermit for a person by a company that person has to be there on the company's payroll for six months?

Regards
Qwerty.

try-one · Post by **try-one** » Sat Oct 02, 2004 3:53 pm

do you mean 6 months before aplying? of 6 months after?
A company can ask for a work permit for a person that has never worked for the company and the person can work there for a few weeks and then resign.
Are you asking about intra company transfer?

Qwerty · Post by **Qwerty** » Sat Oct 02, 2004 4:50 pm

Yeah Intra company transfer.

Regards,
Qwerty.

try-one · Post by **try-one** » Sat Oct 02, 2004 9:27 pm

Yes, for Intra Company Transfer Work Permits ICT, you need 6 months.
please read
Intra Company Transfers (ICT)

This category is for employees of multinational companies who are transferring to a skilled post in a UK-based branch of the company.

The post must require an established employee who has company knowledge and experience that is specifically required in order to carry out the duties and functions of the post on offer and which could not be provided by a resident worker. (If this knowledge and experience is not essential for the post, we may require that the application be considered under another Tier 1 category (if applicable) or against Tier 2 criteria.)

You should supply information on the particular knowledge and experience the person has gained as an employee of the overseas company. You should explain why this knowledge and experience is essential in order to carry out the duties and responsibilities of the post.

If the person will not be working at the address of the employer given in the application form, you should explain why their specialist company knowledge and experience is needed at the working address.

The transferring employee should have at least six months experience working for the overseas company.

To qualify as an ICT, the UK company must have a direct link with the overseas company by common ownership (one company owns the other, or both must be part of a group of companies controlled by the same parent or holding company). If a person owns shares in two or more companies this will not in itself form the basis for us to consider an application under the ICT category.

Please send us supporting documents to confirm the link between the overseas company and your organisation if you have not done so in a previous application. If you are using the e-mail application form, you can scan in this information as an attachment. However, we reserve the right to request originals if we deem it necessary.

The UK is party to a number of Europe Agreements with Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. The provisions of these agreements allow for the transfer of key personnel between a parent company in the Europe agreement country and a UK based subsidiary and are encompassed within this category.
http://www.workingintheuk.gov.uk/workin ... _send.html?

Qwerty · Post by **Qwerty** » Sun Oct 03, 2004 1:47 pm

Thanks try -one.
Could you explain what is Tier1 and 2 please.

Thanks
Qwerty

Qwerty · Post by **Qwerty** » Sun Oct 03, 2004 2:05 pm

I am quite not clear about one thing.

I have been working with UK utility provider for around 3.6 years and expert in their business. Does this mean, by attaching myself to any foriegn company, I can apply for ICT workpermit without being on their payroll for 6 months?

If I already have the expertise in the field in this country, I am not understanding, why there is a rule about 6 months working with a company before applying for ICT workpermit. Could the company not project myself as an Expert w.r.t the requirement?

Regards,
Qwerty

try-one · Post by **try-one** » Sun Oct 03, 2004 2:47 pm

Hello,
Home office has a list of ocupations, those ocupations that are in need of workers, skills, are classified as tier 1, if you apply for a work permit and your job is part of the tier one list then it is easier to apply for and easier to get.
Tier 2 are those jobs that are not in shortage, for those you need to advertise your job and show to the home office that no local worker applied, and that the employer needs to bring a foreign worker.

SO, tier one, you are lucky, it would be easier and faster. tier 2, you need to do your homework and show that no local worker can fill the post.

"Now, your questions:I have been working with UK utility provider for around 3.6 years and expert in their business. Does this mean, by attaching myself to any foriegn company, I can apply for ICT workpermit without being on their payroll for 6 months? "
-- I asume you are outside the UK. THen you can apply for ICT only if your employer in the UK, who is aplying for the work permit, owns or is owned by the current employer. In other words, you don't apply for any Work Permit, work permits are requested by your employer and are granted to the employer. In this case, Intra Company Transfer, is a transfer inside the company from a foreign branch to the uk branch. So, if your current employer has a uk branch or is owned by a uk company or owns a uk company and they want to ask for a work permit, then, they can do it, (you have been 3.6 years, so no problem). BUT you can not apply for a work permit, or request an intra company transfer to a uk company that doesn't own or is owned by your current employer.

"If I already have the expertise in the field in this country, I am not understanding, why there is a rule about 6 months working with a company before applying for ICT workpermit. Could the company not project myself as an Expert w.r.t the requirement? "
I don;t understand the "expertise in the field in this country" is that UK?
The rule of the six months is for inside the company transfer, INTRA COMPANY TRANSFER, this is to guarantee that your employeer needs you in the UK, you are providing a service that your employeer needs in the uk and only you can provide it.
I don't understand the w.r.t comment....

So, you need to be employed by either a UK company with a branch in your country or a company from your country with branches in the uk. In either case the employer requests the work permit, you are not allowed to do it. the uk company would be requesting the work permit.

If you don;t work for a uk company (branch) or the UK company is not interested in requesting the work permit, then I suggest you read about the HSMP, try the calculator from this site and then decide.

Qwerty · Post by **Qwerty** » Sun Oct 03, 2004 3:29 pm

Thanks for the posting.
Sorry if I confused you. I am already in UK working for a utilities company through company1 on an ICT. All I am trying to do is switch from company1 to company2 without been on the payroll of company2 while I am in UK and working for company1. Both Company1 and company2 are foreign companies having office in UK and they are transferring employees through ICT. Both company1 and 2 are in the same business and doing same services to their clients.

Hope my situation is clear.

Regards
Qwerty.

try-one · Post by **try-one** » Mon Oct 04, 2004 9:24 am

Hello,
If you stay 4 years working under the work permit scheme, you can apply for Indefinite Leave to Remain, and with ILR i think you can work for any company (please check).
You cannot transfer from company 1 to company 2 using the ICT scheme, they might be exactly the same company but if ownership is different, then you are not allowed.
Check the ILR first.

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Law for applying WP

Law for applying WP