Immigration Assist

Employers in the UK are responsible for carrying out certain procedures when employing workers who are non-EEA (European Economic Area) nationals. These responsibilities and procedures vary based on the type of work the employer is hiring for, and fall into the following categories.

The General Agreement on Trade in Services (GATS) makes certain provisions that are beneficial for employees who qualify under the Agreement, as well as those who employ them. Companies based outside the UK that are contracted for services by a UK organization or company are allowed to send their employees to work within the UK until completion of the contracted project. In such cases, the foreign company is required to apply for the permit.

Student internships are allowed for students pursuing higher education courses in the UK , even if the student is not an EEA citizen. When employing an immigrant student, keep in mind that the law requires the student to be paid no less than would be paid to a UK resident carrying out the same internship. In all other respects, the employer’s treatment of a foreign student must be equivalent to that given to a resident student, and the same legal protections apply. Employers are required to manage and compensate their interns in accordance with the Work Time Regulations and to comply with the requirements of the National Minimum Wage policy. Wage deductions not applicable to a resident intern are prohibited. Employers are also expected to make National Insurance contributions for the benefit of the intern.

Those working in the UK for the purposes of training and work experience may apply under a scheme particular to them. This work arrangement is intended for those intending to work within a specialist or professional field to gain training. The training must meet certain requirements; only training of a sufficiently advanced level may qualify. Also, the training process should be expedited and the trainee must not be filling the role of an employer’s usual staff.

Entertainers and athletes, as well as their supporting staff, receive special consideration when coming to work in the UK . It is expected that those applying under this arrangement be established or notable for the work they do within their field. Similar to this is the Highly Skilled Migrant Entry Programme.

Employers hiring an immigrant for permanent employment who will take the place of an EEA resident worker must apply under the business and commercial scheme.