Work Permit For The Uk

[Baboonboy22]

Hello all .. I'm back again..

Well my girlfriend has been and gone already.. having her here was awesome but went far too quickly.. hence the new thread.

We are thinking of getting married in the fairly near future but we both want to be together for a larger amount of time, and for her to work so we can save more money for our future.

We have a friend who has his own recruitment agency and has told her he should be able to find her a job and get a work permit sorted for her.

Well I don't really know the guy that well, so I want to know more about the work permits. I’ve looked on the official website and it's all a bit confusing with the different types of permits that are available. Ideally she would like to work in the travel industry, so a travel agent which requires someone with a good knowledge of Thailand and the far east.

If she were to be offered a job, what work permit would cover this. And if she were to get a work permit, what visa would she need to apply for.

Those who read my previous thread will know that my girlfriend was issued a visit visa and she returned back to Thailand on the stated dates of the application, so hopefully that will help in any future application.

I know there will be difficulties in what I'm asking for, but any pointers and advise as to what to do would be great.

Thanking you in advance.

BB22

[londonthai]

as soon as she is married she can work - doesn't need any permits.

at some stage she can apply in the social security office for her national insurance number - but she doesn't need it to start working

[Baboonboy22]

I do understand that if we get married then she can work but we don't want to have to resort to marriage in order for her to be able to work here/have an extensive stay. We are only considering an earlier than planned marriage as an absolute last resort. We have only been together for just over a year now, and don't want to have to rush things.

[the scouser]

In terms of a work permit, your girlfriend will have to have either a degree, or 3 years' experience amounting to GNVQ level 3 in the chosen field. Furthermore, the job will have had to be advertised through various media and encompassing the EU.

Scouse.

[lampard10]

I found out that if I needed an assistant for my Thai supermarket in UK, to come out from Thailand, she would have to have a degree. What in though I can't imagine.

[GU22]

See:

Working in the UK?

Chapter 17 - Entry for employment: work permits

[Mahout Angrit]

It's not the case that a degree is needed. I would suggest that none of the Thai cooks working in the UK have a degree, what they do have, however, is track record and a skill that cannot be found amongst the local population. If your girlfriend has such a skill or you can dream up and start a business such as fruit carving where you can't find the skills locally then you can request a permit. You will have to prove, by advertising, that you cannot find the skills amongst locals.

A job in the travel industry or as a shop assistant is not possible without the qualifications.

So can she cook?

[Baboonboy22]

She has a degree in Economics, but whether or not that degree is recognised in the UK i don't know.

Let's say it is. For her to get a work permit, an employer would have to offer her a job, who can't find someone to fill the position from within this country or that my girlfriend has a particular skill that is needed for that position. (also the job would have to be advertised through the usual channels). Is that right?

In that case which of the work permits would a job in the travel industry fall under, the only one that I think would cover this would be the Business and Commercial Work Permit.

[Prakanong]

Baboonboy

I am no expert in this but could you not specify Thai language skills plus her experience as the criteria

ie - write the advert so only she fits the criteria

Native Thai speaks with economics degree with X years in the travel industry - if you have a specific computer system specify it (it might only be in your company) and say at least X years experience

I know this works elsewhere but am not saying how - wink wink

Very large MNC's do this all the time to get guy's oversea's

[the scouser]

Any application would be under the Business and Commercial rules.

Scouse.

[Mahout Angrit]

write the advert so only she fits the criteria

What Prakanong says is true but I believe the advertising must be out for 6 months for a new position and it must be done by the prospective employer not you and they would have to state to UK WP's why their business needed those particular skills. They would need to advertise it in newspaper which is not generally read by job seekers too as there are plenty of Thai speaking girls already in UK with leave to remain who know Thailand and would love a job in a travel agency.

It will depend where you are based and if you are in one of the major cities then you obviously stand a better chance. I'm sure it can be done if you know an employer who is prepared to go through all the effort for you.

Finding or creating a job with the language skills and her degree must be the way to go, I wish you luck but I would think travel agency jobs are well filled by local staff but maybe you know different. Good luck

[the scouser]

The prospective employer must advertise the post through the Job Centre/EURES for a minimum of 6 weeks and, in addition, place an advert in both a national newspaper and a trade journal. Should someone apply for the job, it will have to be explained to Work Permits (UK) why they are unsuitable for the job. If WP (UK) think that the job has been specifically created for the applicant, the application will be refused.

Scouse.

[GU22]

there are plenty of Thai speaking girls already in UK with leave to remain who know Thailand and would love a job in a travel agency.

Indeed, my step-daughter for one!

[Rinnam]

Overall it sounds not easy. Seems that most of countries want their ppl to work in their countries only.

Anyway, fingers crossed for your girlfriend!

[Prakanong]

I can see in the case of a general job like this it would be quite hard - the employer would have to be very happy to tailor an advert for this particular person then be prepared to wait out the time period.

In my case it was easier for where I am now as I had worked for the company as a consultant and the advert looked awfully like my CV if you get what I mean - we still had to wait a bit though which got me a 4 month holiday in Thailand which all being right I will not get again till I retire. ;-))

[Baboonboy22]

Lets say this friend of ours pulls through and manages to get her a work permit sorted. What visa would she then have to apply for. A normal visit visa, I remember the application form having something on it about if you had a work permit or not. (Which did confuse me as I thought you were not allowed to work on a visit visa??)

[Mahout Angrit]

What visa would she then have to apply for.

See Application for WP Visa

[Baboonboy22]

If it turns out that we are unsuccessful in getting her a work permit. When we decide to get married, is she able to work straight away? Or would we have to wait. Am I right in thinking then that you are allowed to work on a Settlement Visa regardless of work permits?

[GU22]

If you marry in Thailand and she comes to the UK with a spouse visa then she can work immediately.

If she comes to the UK on a fiance visa then she cannot work until after the marriage and she has FLR.

[Baboonboy22]

We've come up with another idea, and want to run it past you guys to see if there's going to be a problem.

A couple of her bosses have told her she will always have a job where she is. One of them knows that she wants to come here to work and has said he will do what he can to help.

So... what we are thinking she could come to the UK for 3 - 6 months and do a English course.. (thinking of the ESOL as if she gets this she won't have to do it in the future when/if she goes for citizenship)... whilst she is doing this course we'll be trying to find her somewhere that will give her a work permit. Can she get a permit whilst in the UK? Or only before she comes? When it gets to the end of the visa she will return to Thailand and continue to work until we can get her a work permit.. then apply for another visa for her to come over.

Does anyone think this will be possible?

Also what will she need to do to qualify to get a 2 year visit visa? Would she have to return back to Thailand every 6 months?

Once again all your help is very very very appreciated

[Mahout Angrit]

To do an English course (or any course) she would have to be enrolled on a paid for course before she applies for a student visa, I would advise you to check out the cost of the course first as she will have to pay the international student rate for the course, not the subsidised rates available to residents. If she does arrive on a student visa she will be allowed to work part time (up to 20 hours a week) but will not be able to use the expected income from working to show as support funds to get the visa. She will have to attend the lessons. You can sponsor her for a student visa.

She doesn't apply for the work permit, the prospective employer does. If he successfully gets a permit for her she will have to return to Thailand at the end of her course and student visa expiry and apply for a WP visa.

She can apply for a 2 year visit visa any time and she may well be successful as she has already visited UK and if she can give evidence by letters from her employer in Thailand to prove that she is using that visa purely to visit and not to live in UK. She will not be expected to spend more than 6 months in UK in any 1 year and each visit can not be more than 6 months.She is unable to work in UK on a visit visa.

You ask if we think it is possible.... If as you say in your earlier post you want her to work and save money then I doubt you will have any net monetry gain by her coming to England to do a 3 - 6 month course. and as for the work permit, I wouldn't think you will be successful in proving that your girlfriend has got skills in the tourist industry that couldn't be found in abundance from applicants already in UK... but nothing was ever achieved by the person who said "it can't be done".......... it's your choice.

[GU22]

You said in your OP that it is your intention to marry soon; so my suggestion is that you should stop hunting around for a visa you can shoehorn her into and simply get married and apply for a spouse visa.

Once she is in the UK as your wife she can work, and will qualify for subsidised English classes.

I know there are those who will say that this is forcing you into marriage in order to get a visa, but if you have already made the decision to marry anyway...........

If you do want to go down the student route, read through the following:-

Guidance - Students (INF 5)

Chapter 12 - Entry for studies

Application checklist

Student questionnaire

With regard to switching from a student visa to a work permit; the simple answer is in her circumstances, no. See Can I switch to work permit employment when I am in the UK?

As MA says, she may qualify for a 2 year visit visa, but after just one visit it is unlikely unless she has a good reason for visiting the UK regularly (being your girlfriend is not seen as a good reason). However, a 2 year visit visa does not mean she can stay for 2 years. As MA says, the maximum for each visit is 6 months and if it appears that she may be spending more than 6 months out of 12 in the UK she would probably be refused entry on her arrival unless she has an exceptional reason for being in the UK for so long.

[Baboonboy22]

Even if we did decide to get married now, don't we need to be living together for 2 years before she can apply for a settlement visa?

[the scouser]

Even if we did decide to get married now, don't we need to be living together for 2 years before she can apply for a settlement visa?

No, the settlement visa can be applied for at any time.

Scouse.

[Mahout Angrit]

So... what we are thinking she could come to the UK for 3 - 6 months and do a English course.. (thinking of the ESOL as if she gets this she won't have to do it in the future when/if she goes for citizenship)

There is no requirement for her to do an ESOL course in order to apply for ILR or Citizenship. If, as you suggest, her English is good enough to work in a service industry with UK public then all she needs to do is study the "Life in UK " syllabus at home and take the test at any one of the local test centres.

I know there are those who will say that this is forcing you into marriage in order to get a visa

Nobody is forcing the OP to marry in this case as I'm sure his girlfriend would be granted a visa to visit UK again with no problems its just that the OP wants 'his cake and eat it' he wants all the perks and benefits of marriage without getting married.

Even if we did decide to get married now, don't we need to be living together for 2 years before she can apply for a settlement visa?

No but to apply for a settlement visa you would have to be married or you could apply for a fiancee visa, which allows your wife to go to UK and settle after you have married in the UK (which you must do within 6 months).