To be legally able to provide immigration advice, companies must be registered with the Office of Immigration Services Commissioner (OISC), the regulatory body for immigration advisers in the UK. The work of NES to address the widely debated skills shortage within the industries it supports has been enhanced with its registration as a Level 1 adviser with the OISC.
This registration allows NES to assess the individual circumstances of non-UK applicants in order to provide advice on the best route to take to gain authorisation to work in the UK. NES is experienced at organising and assisting with the applications for HSMP, SEGS, Work Permit, or Worker Registration Schemes and can advise at every stage of the visa process, ensuring that overseas candidates are kept fully informed and assisted with their applications.
It is no longer enough for agencies to have a fully networked database of skilled candidates in order to satisfy client requirements, so it is encouraging to see a considerable proportion of NES clients expressing an interest and a willingness to employ skilled Foreign National Candidates. OISC registration helps to widen the pool of available NES candidates in response to ever-increasing demand for suitably qualified personnel.
Routes into the UK - EU and EEA nationals
Nationals of the European Union and European Economic Area are free to enter and work within the UK for an indefinite period of time. They must have an EU passport and / or National Identity Card and show they have funds to support themselves and any family members they bring along.
Nationals of the Accession 8 countries (Poland, Czech Republic, Hungary, Latvia, Lithuania, Estonia, Slovakia and Slovenia) that joined the EU in 2004 can enter and begin work as above, but they must also register on the Workers Registration Scheme (WRS) within 30 days of their start date. If they fail to do so they will be working illegally from that point on unless there are exceptional circumstances for which they are unable to do so. The fee for the WRS is £70 and is payable by the applicant.
Routes into the UK - non-EU nationals
1. Highly Skilled Migrant Program
2. Work permit
3. Further Leave to Remain
4. Entry Clearance
Are any specific sectors in demand from FNCs?
Yes, the majority of applicants to the FNC pipeline through NES are for process engineering positions.
Do any specific sectors take FNCs more readily?
Yes. As a result of the high number of process applications from outside the UK, the process sector is currently taking on a noticeably higher number of FNCs.
How does working with any agency benefit the FNC?
The FNC will have experienced consultants working on getting them jobs whilst a dedicated immigration advice service works on their visas and other forms of authorisation, for no extra charge to the FNC. This sets NES apart from many of its competitors.
What steps need to be taken?
Usually, the candidate’s recruitment consultant will refer them to the OISC adviser, who assesses their suitability for the relevant visas or permits and then guides the candidate to the best option and refers them to relevant websites, authorities and / or companies pertaining to the chosen visa. The adviser will be available to help at all points of application, completing forms and collating support documentation. This takes away some of the uncertainty that a candidate may face applying on their own. The adviser will also act as the representative for both the candidate and their employer and will answer any queries from the Home Office regarding problems or updates, reducing the admin burden for both.
What costs are involved?
- HSMP: £315 visa
- Further Leave to Remain £335
- (If applying from abroad) Entry Clearance, approximately £90
- Work Permit: £153 permit
- Further Leave to Remain £335
- Workers Registration Scheme: £70
Where do responsibilities lie?
It is normally the responsibility of the client to arrange Work Permits and the candidate for HSMP or Workers Registration Scheme. However, the NES Immigration Adviser (acting as representative for both) can undertake any or all aspects of any visa application.
Overseas qualifications
Overseas qualifications are recognised by the Home Office. Where the authenticity of a qualification is questioned, a check can be made with The National Recognition Information Centre (NARIC). This information service can qualify an overseas qualification and confirm its UK equivalent.
How long can FNCs stay in the UK?
- HSMP: two years initially. Extensions after that can be between one and three years. After five years a FNC can make an application for Indefinite Leave to Remain (ILR), allowing them to stay for as long as they wish.
- Work Permit: the residence time is determined by the employer and will be for as log as the employer needs them. This can be no more than five years at a time, after which ILR can be applied for as above.
- Workers Registration Scheme: as they are EU nationals, workers on this scheme can stay as long as they wish.
What about the dependants?
Successful applicants can also include their dependants as part of their application for visas, as long as they can prove that they are their dependants and that they have the financial means to support them. A dependent can be any of the following: spouse; civil partner; unmarried co habiting partner; same sex co habiting partner; any child under 18.
Is there a points system?
Currently, the only points based system the UK has is for the HSMP, which has recently been changed to make the system fairer and easier to administer. It is expected that eventually the entire visa structure will be re introduced as a 5-tier system.
Tier 1 - highly skilled, e.g. scientists, engineers or entrepreneurs
Tier 2 - skilled workers with a job offer, e.g. nurses, teachers
Tier 3 - low skilled workers filling specific labour shortages, e.g. construction workers for a particular project
Tier 4 - students
Tier 5 - youth mobility and temporary workers, e.g. working holidaymakers or entertainers
Can all agencies help?
Only those agencies and companies registered with the OISC can provide these services. Any organisation practising more than ‘sign posting’ to relevant sources of information is acting illegally.
Permanent leave to stay
Once an individual has lived and worked in the UK for five years or more they are eligible for Indefinite Leave to Remain. This allows them to stay in the UK for as long as they wish.
Useful links
www.workingintheuk.gov.uk
www.ukvisas.gov.uk
www.ind.homeoffice.gov.uk
www.fco.gov.uk
www.oisc.gov.uk
