Foreign Workers – Getting Permission for Foreign Workers

If someone you wish to employ isn’t permitted to work in the UK without restriction, they will have to apply to work under the points system. If the potential employee doesn’ t qualify under the points system, employing them would make them an illegal worker – and could see you facing a fine and prison.

Five-tier points system

• Tier 1 – highly skilled workers
• Tier 2 – skilled workers with a job offer
• Tier 3 – low-skilled workers for filling temporary labour shortages (suspended indefinitely)
• Tier 4 – students
• Tier 5 – youth mobility and temporary workers

How the five-tier points system works

• A foreign worker applying to work in the UK under any of the five tiers must obtain a specified minimum number of points to be granted the right to work here.
• Points are awarded for a combination of skills and attributes, such as: age, qualifications, previous earnings, knowledge of the English language and savings.
• The job you have on offer may need to meet specific criteria for it to be offered through the points system.
• A foreign worker may also need to be sponsored by specific employers or organisations.

Employing asylum seekers

• Any asylum seeker who is able to work may demonstrate this through their Application Registration Card, which will state ‘employment permitted’ or ‘allowed to work’.
• As part of your check that your worker has the right to work in the UK, you must have the card verified by the UK Border Agency’ s Employer Checking Service.

Applying to employ a foreign worker

• Full details of what you as an employer must do to employ a foreign worker through the points system are available on the Working in the UK section of the UK Border Agency website.

Reporting illegal workers

If you suspect that a job applicant is in the UK illegally or has no right to work in the UK, you should report them by calling the Home Office UK Border Agency helpline on 0300 123 4699.

More information

• Foreign Workers – Employing Foreign Workers Without Permission
• Sponsoring a migrant

Downloads

• Prevention of Illegal Working: Immigration, Asylum and Nationality Act 2006 – Summary Guidance for Employers