Leave to enter or Leave to Remain under Work Permit

Once an employer is given permission to employ an overseas national, it is the duty of the employee to seek a visa to commence employment for the employer in the United Kingdom.

However, it is important that an employer knows earlier on before applying for a work permit and establish whether an the employee can apply for leave to work from the UK (In Country) or the employee must apply for entry clearance overseas (Out Country) before they can commence work.

Out of country work permit application should be made when the employee requires a visa to enter the UK to commence employment where:

1. The employee has no leave to remain in the UK when work permit application is approved and/or;
2. The employee has not achieved a recognized degree qualification gained from a UK recognized education establishment or;
3. The employee is not in an immigration category, which allows him to switch into a work permit holder in the UK.

In Country work permit application should be made when the employee does not require to leave the country to apply for a visa and can chose to make an application for leave to remain in the United Kingdom to commence employment where:

1. The employee has leave to remain in category which allows him to switch a visa to a work permit holder and/or;
2. The employee has leave to remain and a recognized degree from a recognized UK education establishment and/or
3. The employee is a British National Overseas and cannot return home to make an application for entry clearance.

Please note that employees have 6 months to apply for leave to enter or leave to remain from the date a work permit is issued.