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| Red Tape Work permits A Work Permit is an arrangement which allows British employers to employ or train people who are not nationals of an European Economic Area (EEA) country, and who are not normally entitled to work in the UK. Work Permits UK (WPUK) is part of the Home Office's) Border and Immigration Agency which administers Work Permit arrangements on behalf of the British government. Detailed information on routes open for Foreign Nationals to work in the UK is available at the BIA administered website www.workingintheuk.gov.uk. NOTE: A new UK immigration system is to be introduced during 2008-2009. However, at the time of preparing this guide the policy is still under development and final decisions regarding policy, process and costs had not been made. Some changes to the immigration system are now public knowledge, these are outlined in an NCA briefing paper. See Appendices 1. Detailed information will be published by the Home Office in due course. Work Permits are NOT required for:
www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/your_status.html and www.ukvisas.gov.uk/servlet/Front?pagename= Examples which can apply to visiting performing artists are:
Who can apply for Work Permits? WPUK handles applications from employers based in England, Scotland, Wales and Northern Ireland and from employers who wish to train a person from a non-EEA country to work in the UK. Employers based in Jersey, the Channel Islands or the Isle of Man, have separate Work Permit arrangements. See contact details at www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/contact_us/enquiries.html A person from a non-EEA country who is subject to immigration control will most probably require a Work Permit. It is advisable to check with the IND if you are unsure of a person’s eligibility. See contact information for the IND on page 16. Who cannot apply for a Work Permit?
Other Important Notes Work Permits must be obtained by an employer before the artist enters the UK.
N.B. The issue of a Work Permit does NOT guarantee entry into the UK or that a visa (if required) will be issued. Application for Sportspeople and Entertainers’ Work Permits – Notes for Employers There are six separate sets of Work Permit arrangements: 1) Business and Commercial; S & E Work Permits allow employers to recruit established entertainers and cultural artists and some technical/support people from outside the EEA. Cultural Artists are defined by WPUK as: People who are skilled in foreign arts that are rare or unavailable in this country and can make a contribution to the arts, cultural relations and cultural awareness. When to apply Applications should be made once you have found the artist(s), but no more than six months before you want to bring them to the UK. You cannot apply for a Work Permit if you have not confirmed the employment of an artist. WPUK aims to decide 90% of complete applications within one day of receipt. How to apply 1. Applications for first, multiple entry or change of employment Work Permits, must be made with form WP3. Forms and guidance notes can be downloaded from www.workingintheuk.gov.uk and can be requested at email address office.forms@ind.homeoffice.gsi.gov.uk. Printed copies can be requested from the WPUK distribution centre on 08705 210224. Send hard copy applications to the Sportspeople & Entertainments Team or email applications to the above address. N.B. The postal and email forms differ from each other – make sure you use the appropriate one as WPUK do not accept postal forms by email or vice versa. 3. Applications by fax are not accepted, unless WPUK agrees in advance if there is insufficient time for a postal application to be sent. 4. Applications must be made for a named person (i.e. the artist) to do a specific job. Work Permits cannot be transferred to a different job or employer. 5. Application assessments are made from the information that you give in the application, so it is essential that you read and understand the guidelines and criteria before applying. If necessary seek advice from WPUK. 6. You must be an established employer in the UK and a named representative must be provided on the application. Businesses must demonstrate an ‘established trading presence’, and that they are ‘able to manage the employment of the person or group in this country’. WPUK will check that contractual details are bona fide i.e. adherence to the National Minimum Wage and Working Time Regulations; and that fees are commensurate to those paid to equivalent British employees. To include with the application: 1. Proof of UK employer’s business: or if not available, other documents that clearly indicate that they are a British-based employer. These might include an annual report, Certificate of Employers Liability, invoices, accounts submitted to the Inland Revenue, utility bills, registration documentation (with the Local Health Authority, for example), lease of premises and floor plan. 2. A copy of the employment contract or similar agreement, outlining terms and conditions, signed by both parties. The pay and other working conditions must at least match those normally given to a UK employee i.e. meet the National Minimum Wage and Working Time Regulations;
4. It is helpful to state in the application whether an artist will be taking part in an event already funded by a public body (for example, an Arts Council, Visiting Arts). Required evidence of an artist’s reputation
Unit Companies WPUK defines a unit company as “a large group of entertainers who have regularly performed together in their own country and have toured overseas as part of an established production before entering the UK”. This type of group is distinguished from groups who are formed specifically for a tour in the UK that are not classified as unit companies. Unit companies are usually groups such as theatre companies, orchestras, ballet corps. Pop/music groups are not classified as unit companies. For unit companies required evidence includes:
In cases where sufficient evidence cannot be provided the artist(s) must attend an interview with their nearest British Embassy, High Commission or Consulate. For unit companies with up to and including 19 members WPUK will issue a permit for each member. For groups with 20 or more members WPUK will issue a letter of permission to the employer (or its representative) instead. Technical / Support People These are people whose work is directly related to the employment of an entertainer, cultural artist, or a dramatic production. The individual must have proven technical or other specialist skills. WPUK may request material to demonstrate the skills and experience of non-performers if they deem it necessary. Length of Permits Permits are issued only to cover the stated period of contracted employment up to five years. Multiple entry permits can be issued for a minimum of six months and a maximum of two years for individuals (min. six months, max. one year for a group). If you anticipate that an artist may need to extend the period of their visit (e.g. for a touring exhibition), you should indicate this in the first application. Confirmation details of any additional employment must be sent to WPUK as soon as possible. You should apply for a permit extension at least one month (and no more than three months) before the original permit expires. Completing an Application It is essential to sign the two employer’s declarations on the WP3 form (email applications obtain a PIN number from WPUK). Unsigned applications are invalid and will delay the timing of an application. Make sure that you include all supporting material and documentation as required. Send completed applications to: Work Permits (UK) For advice on completing an application contact WPUK at the Sheffield address listed on page 15. After Application Once a Work Permit has been agreed, it is sent to the person named on the application. It should then be sent to the artist so that they can present it with their passport (and visa or entry clearance if necessary) at the British port of entry. It is advisable to send this by courier as lost permits cannot be replaced. The artist will probably need to present the Work Permit when applying for a visa so be sure to allow sufficient time for the document to reach them. Charges for Work Permits From 2 July 2004, WPUK charge employers a flat fee of £153 for the consideration and processing of all Work Permit applications, extensions, change of employment and appeals. The charge is reviewed on an annual basis. Payments can be made using a credit/debit card (Visa, Mastercard, Delta, Switch) or cheque. Employers of nationals from the following countries that have signed and ratified the Council of Europe Charter or the European Social Charter (revised) are exempt from charges: Albania, Armenia, Bulgaria, Croatia, Moldova, Romania, Turkey. The charge is per application so applying for a Work Permit for a group will cost £153 regardless of the size of the group. (Please refer to page 9 to see if you are considered a unit company or not) Appealing Against Refused Applications When an application for a Work Permit is not approved WPUK will write to the applicant explaining the reasons for refusal and providing details of how to request reconsideration of the decision if appropriate. If you are informed that your application did not meet the required criteria you will be able to re-apply using a WP3 form. You will also be required to pay the charge of £153 again. Your application should include further information and evidence addressing (but not restricted to) the issues raised by WPUK in its refusal letter. In cases where you wish your original application to be reconsidered because you feel the decision given was an error you must write back to the relevant business team (e.g. Sports & Entertainment) within 28 days of the decision. You must explain why you believe the decision was wrong and be clear that you are seeking a review of the decision in your previous application. If no new information is being provided there will be no charge for this. Where a Work Permit extension application has been refused, the person cannot continue to work beyond their existing Work Permit permission or beyond their leave to remain date (see visa section), whichever is the earliest. Until a Work Permit has been approved, the employee must not apply for further leave to remain. Accession State Worker Registration Scheme From 1st May 2004, new legislation requires that nationals of some new EU member states register with the Home Office’s Worker Registration Scheme. Nationals of the following countries need to register if they plan to work for more than one month for an employer in the UK:
The scheme does not apply to nationals of Cyprus and Malta. Further information and application details can be found at: www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/ Useful contacts: Work Permits (UK) ents.workpermits@ind.homeoffice.gsi.gov.uk Home Office
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Contents Contracts and employment - the legal aspects Artist’s contracts and written agreements Visas; entry clearance; leave to enter Police registration; CRB checks Insurance and medical services Fees for artists and performers Transporting equipment and ATA carnets Passenger airport security in the UK National Campaign for the Arts briefing paper: Changes to immigration policy and pricing - June 2008
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