Hi Bryan :)
I've gathered together quite a bit of info since my clarification
request which I believe will answer all of your questions so I'm going
to go ahead and post on this basis. Obviously, if you need any
clarification, please let me know and I will attend to it soonest.
1. You want to know whether or not a work permit is required for
non-EC citizens?
The answer, generally, is yes. There *may* be
circumstances/exceptions where a non-EC citizen may not require a work
permit (see my paragraph 2 of this answer for example) but barring any
special circumstances which may apply, citizens from non-EC countries
will require a work permit in order to work in the UK.
The UK Home Office Work Permits site at:
http://www.ind.homeoffice.gov.uk/default.asp?pageid=1558
provides an EXCELLENT resource with respect to UK work permit queries
and is well worth investigating and keeping bookmarked for future
reference. Additionally, the site states at:
http://www.workpermits.gov.uk/default.asp?pageID=1577
that "...Work Permit arrangements enable employers based in the United
Kingdom to recruit or train people who are not nationals of a European
Economic Area (EEA) country."
Further sub-links within this site that may be of interest to you
include:
A. How to Apply for business and commercial work permits found at:
http://www.workpermits.gov.uk/default.asp?PageId=1610
B. Charging for Consideration of Work Permits (the fee is currently
£95) found at:
http://www.workpermits.gov.uk/default.asp?PageId=3770
Please note that "individuals cannot apply for a work permit on their
own behalf. Applications must be made by the UK based employer." (see
http://www.workpermits.gov.uk/default.asp?pageID=1577)
2. Should you have asked your Zimbabwe chappy to produce a valid work
permit?
Your first step should have been to ask him to produce his passport.
If he is entitled to work in the UK, his passport will have the
appropriate visa stamp.
As a rule, citizens of Zimbabwe need a visa to enter the UK, even if
they are just visiting for holiday purposes. If you have a look at
his passport, you should see what kind of visa he has (it will be
marked accordingly). The types of visa which he might have stamped
can include either;
a. a visitor's visa (i.e. the type of visa you get when you're
visiting just for holiday purposes) or;
b. a working holiday visa (this is age dependent, forms part of a
specific government scheme involving young people coming to the UK to
study where the work is INCIDENTAL to their visit and is only given to
people who are 27 years of age and below) or;
c. an ancestral visa (which DOES allow the holder the right to live
and work in the UK - see paragraph 3 below).
3. What relevance, if any, does his production of a National Insurance
Number have?
Now, this is the interesting bit and, as far as I can see, the bit
that will help you to decide what further steps, if any, you might
need to take.
The fact that your chappy has produced a National Insurance number
suggests one of two possibilities.
A. He has a working holiday visa (again, this is age dependent) - see
the guidance notes and requirements relating to Zimbabwe nationals
regarding this type of visa at:
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721068240
http://www.ind.homeoffice.gov.uk/news.asp?NewsID=286
and
http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagename%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage%26cid%3D1006977149962
or;
B. He has an ancestral visa (this is given, for example, where a
person has a British father).
If he has an ancestral visa, then this will also automatically carry
with it the right to live and work in the UK. It is usually limited
to 4 years and most Zimbabwe nationals get them renewed as a matter of
course (Zimbabwe nationals usually apply for them whilst in Zimbabwe
but they can also do so from the British Consultate here in the UK).
As an employer, it is not your responsibility to actually process this
kind of application, but you do need to satisfy yourself whether this
is the type of visa he has in his passport.
If he has a working holiday visa, then there are specific restrictions
that you do need to be aware of. You can find these at the links
given above at paragraph 3A but, for example, one of the key
restrictions on a working holiday visa is the fact that the work must
NOT be full time work and must be merely incidental to the individuals
reason for visiting the UK.
To re-iterate, the application of both working holiday visas and
ancestral visas is the responsibility of the individual concerned but
as an employer, you must satisfy yourself as to what their visa (and
therefore work permit) status is and then take any necessary steps, if
applicable.
4. Generally, should you be concerned?
As a UK employer, you should always be concerned that you have the
right immigration procedures in place when dealing with employees who
may require a UK work permit. Employers can face severe penalties
including fines and censure re: further work permit applications if
they are found to have ignored the correct procedures put in place by
the Department of Immigration and Nationality.
The Department of Immigration and Nationality's website at:
http://www.ind.homeoffice.gov.uk/
provides an excellent source of guidance and notes as to why you
should be concerned. For example, their recent consultation paper
(July 2003) on illegal working (*note - this paper is in relation to
asylum seekers) found at:
http://www.ind.homeoffice.gov.uk/filestore/prevention_of_illegal_working_consultation.pdf
will give you an idea of the types of resources that this site offers.
You should also have a look at their Law and Policy section at:
http://www.ind.homeoffice.gov.uk/default.asp?pageid=19
with respect to how immigration rules are applied generally, protocol
governing interviews and so on.
5. Can someone who has a criminal record still acquire a work permit?
Generally, the answer is yes. I telephoned the Immigration and
Nationality Directorate's Work Permit section and confirmed this with
one of their caseworkers (telephone number 0114 259 5880). A criminal
record is not necessarily a bar to any work permit application
although obviously, any such details will be investigated as a matter
of course before any work permit is issued.
Likewise, with respect to ancestral visas, a person who has a criminal
record will not necessarily be barred from obtaining an ancestral
visa. I telephoned the Immigration and Nationality Directorate's main
helpline and confirmed this with one of their caseworkers (telephone
number 0870 606 7766). As above for work permits, any criminal record
details will be investigated as a matter of course before any
ancestral visa is issued.
Hope the above helps - as before, if you have any further queries, do
let me know via the clarification button.
Search strategy:
Keywords: Immigration UK; Work Permits UK
://www.google.com/search?sourceid=navclient&ie=UTF-8&oe=UTF-8&q=Immigration+UK
://www.google.com/search?sourceid=navclient&ie=UTF-8&oe=UTF-8&q=Work+Permits+UK
Additional sources:
personal knowledge, telecon with Zimbabwe national who has an
ancestral visa and who is very familiar with the UK immigration
procedure with respect to Zimbabwe nationals applying for various
visas, telecon with source who is an immigration specialist |
