Immigrant workers


The immigration rules concerning migrant workers are complex, and if you are considering work in the UK, you should contact a solicitor to receive the latest legal advice. If you are an employer based in the UK and wish to engage a migrant worker, it is vital you contact a solicitor to ensure that you remain within the law, and that your migrant worker is entitled to work here in the UK.

EU workers

Immigrant workers from the European Union are ‘qualified persons’ under European Immigration Regulations, as are workers who are nationals from the countries party to the European Economic Agreement (EEA) (in 2013 this is Iceland, Liechtenstein and Norway).
Under European Immigration Regulations, qualified persons are allowed to remain in the UK so long as they remain qualified persons. This means that as long as immigrant workers from the EU continue to work, they can stay in the UK indefinitely.

Note: to be a qualified person, you do not necessarily have to be working. For a limited amount of time, those who have come from the EU or from a country party to the EEA can be deemed to be a qualifying person even if they have come to look for work in the UK. However, they can only maintain this status for a limited amount of time.

Workers from outside the EU

Immigrant workers from countries outside the European Union will usually have to seek leave to enter the UK under the points-based system. This provision is not extended to nationals from Bulgaria and Romania who will still need special permission to enter the UK for work purposes.

If employers want to employ immigrant workers they will have to sponsor the workers to come to the UK. Categories of employment included in the skilled migrant class include general employment, ministers of religion, employment transfers and sports players.

To instruct your solicitor to apply on behalf of a skilled migrant worker, you will need to provide a valid certificate of sponsorship, and the candidate is then awarded points based on their salary and benefits, sponsorship, English language skills and available funds for maintenance. Skilled migrants from Turkey are considered under separate rules.

If you require assistance dealing with immigration into the UK for work purposes, Caven can put you in touch with a specialist immigration solicitor experienced in overseas worker issues. Please call us on 0800 177 7162 or complete the web-form above.

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