November 2007

Key Changes to Work Permit Guidance and Forms, from 19 November 2007 Guidance Notes Business and Commercial Guidance Evidence to demonstrate the need for a skilled worker Evidence requirements at paragraph 13 have been expanded. This reads: “You may be required to provide evidence to demonstrate the need for particular qualifications, and/or particular length of experience in the job.” Inward Investment The inward investment criteria at paragraph 31 have been amended to clarify how much the employer has to invest to apply under this category. The employer must now always invest a minimum of £250,000. Sponsored Researchers A check list for evidence of sponsorship has been added at paragraph 38 to assist applicants in making applications. This reads: “Evidence of sponsorship for the full period of the permit should be provided with the application. This can be in the form of a letter to the person confirming the details of the sponsorship from the sponsoring body. This should include: • the name of the person for whom the permit is sought • the name of the sponsor • the name of the host institution where the person will be based • the title of the post • details of the funding provided • the period of the sponsorship required” Post Graduate Doctors and Dentists criteria The job titles of postgraduate doctors/dentists have changed. Paragraph 45 has been revised, this reads: “This category is for postgraduate doctors and dentists to undertake further/continuing training in the UK in the NHS and is part of the Tier 2 category of the work permit arrangements. It only covers Foundation Programme, Foundation Officer 2, General Practice Registrar and Speciality Registrar level posts.” Previous TWES permit holders New paragraph 79 notes some flexibility may be shown by us regarding the TWES eligibility criteria in specific circumstances. This reads: "Some flexibility may be allowed if the work permit is for a job in a shortage occupation or if the person will have been out of the country for the required period by the time they intend to take up the job.” International Graduates Scheme Paragraph 200 has been revised to note the change in name from the ‘Science and Engineering Graduate Scheme’ to the ‘International Graduates Scheme’. Training and Work Experience Scheme (TWES) Paragraph 3 (c) has been revised to clarify what the employer’s employment responsibilities are. This reads: “We will only issue a work permit where it is clear that you have a clear responsibility for determining the duties and functions of the post. The Border and Immigration Agency will not issue a work permit where the employer is only supplying personnel.” “You will need to demonstrate that you are responsible for the delivery of a particular job, project or piece of work with which the vacancy is associated.” New information on debt policy is provided at paragraph 37. This reads: “In the event of payment for a work permit application failing to clear, whether in whole or in part, no further applications made by or on behalf of the employer will be considered by the Border and Immigration Agency until the payment(s) for those applications have themselves cleared. This practice will continue to apply whilst any payment debt remains outstanding and for a period of three months following the date that all payment debt was cleared.” All Guidance Notes Establishing employer criteria A number of guidance notes have been amended to note that we have made several changes to the ‘establishing employer’ criteria. These are: • The word ‘current’ has been inserted in the ‘establishing employer’ criteria. See B&C paragraph 4(b). This reads: “a copy of your current Certificate of Employers Liability Insurance (This requirement does not apply to employers based in Northern Ireland).” Sports and Entertainments Guidance Sports and Entertainments criteria sheets New paragraph 17 explains the role of criteria sheets and how to use them in conjunction with the guidance notes. Payment Guidance Debt policy

• The criteria have been revised to clarify that we require a current contract and not previous contracts. See B&C paragraph 4(fII). This reads: “a copy of the current relevant service contract(s) that shows the scope of the service, signed by all parties.” • The guidance now notes that employers who are new to us are required to provide evidence to show they have been actively trading. See B&C paragraph 5. This reads: “Evidence that you have been actively operating or trading for at least 3 years. This is not an exhaustive list and we may need to ask for further information that will support your application.” • The criteria have been expanded regarding newly trading employers. See B&C paragraph 6. This reads: “The Border and Immigration Agency reserves the right to contact other authorities in order to verify the evidence received or to obtain any other information we consider necessary in order to consider your application. Where unsatisfactory evidence is provided the application may be refused. Where insufficient evidence is provided the application may be limited or refused. We also reserve the right to limit the period of the work permit to 18 months for all employers who have been actively operating or trading for less than 3 years.” Technical Change of Employment Revised wording clarifies what constitutes a ‘technical change of employment’. See B&C paragraphs 141, 142 and 143. New wording on Intelligence Unit policy New wording explaining the investigation policy has been added to the guidance. The new wording can be found in a number of guidance notes, for example at B&C paragraph 177.

Revised Guidance on Reprints • We have clarified that an acceptable reason for reprint requests outside the six month period following the issue of the appeals determination letter is required. See paragraph 223 of B&C. This reads: “Requests submitted more than 6 months after the date of the AIT letter will only be considered if you can demonstrate an acceptable reason for the delay.”

Forms WP1 and WP3 forms New question 39, reads as follows: “If the person is currently in the UK do you require (Please read Section 2 of the guidance notes on 'How and when to apply?): a) Letter of permission b) Work Permit”

Similarly in WP3, but changing the • The guidance has been amended to word ‘person’ to ‘group”. note that it is only possible for the Ukrainian and Georgian nationals representative to make a reprint request. See paragraph 225 of B&C. This reads: The WP1 and WP3 E-APP forms have been amended to note Ukrainian and Georgian nationals “Furthermore, we will only accept are exempt from charging. reprint requests from the original employer/representative. Where this SBS EAPP involves a representative who did not act on your behalf at the time of making the original application, we reserve the The SBS EAPP form has been removed due to reduced usage right to contact you directly.” following the restriction of the SBS scheme to Bulgarian and Student Switching Romanian nationals only, and for change of employment/extensions Changes to the Immigration Rules regarding student switching have been for existing SBS work permit incorporated into the switching criteria holders. included in the guidance notes. See SBX1 B&C paragraph 200; Sports and Ents para 172. A new question 47 on the SB1X has been added to request Completion of employer declaration confirmation of the address at page guidance expanded which the person will be working. Revised wording has been provided to confirm that when using a representative, employers must also sign the completed application and verify that all the information in it is correct. See B&C paragraph 92. Contact details Contact details for the Compliance team and Intelligence Unit have been amended and Useful addresses in the General Information leaflet expanded. PD1 Question 70 on the PD1 form has been amended to clarify that it is a legal requirement for the person to be registered with either the General Medical Council (GMC) or the General Dental Council (GDC) in the UK. MTI1 We have amended the MTI1 form to make it clear that only registered Doctors and Dentists can be approved. All forms The paper forms have been amended to include a box for customers to provide their own correspondence reference.