"Do I Need a Police Clearance for a Us Work Visa"
Business Immigration Reed Smith Information Sheet 2 FACTS FOR UK WORK PERMIT HOLDERS Non-Visa Nationals 1. General Conditions The reverse side of your work permit sets out the important conditions which govern your stay in the UK as a work permit holder. Please also bear in mind the following key points:- Your work permit gives you permission to work for the employer named on the permit, in the position and for the period stated on the permit. It is not a general permission to work in the UK. If your role in the UK should alter substantially it may be necessary to obtain a fresh approval for that new role. If you wish to change employer a fresh work permit for that employment will need to be obtained. 2. Procedure for entry into UK With effect from 13 November 2003, all work permit holders coming to the UK for 6 months or more are required to obtain an entry clearance visa as a work permit holder (in addition to the work permit) BEFORE coming to the UK. The entry clearance visa must be obtained within 6 months of issue of the work permit. You will need to apply for the entry clearance visa from the nearest British consular post (British Embassy/High Commission/British Consulate General) in your country of normal residence BEFORE you travel to the UK. Please refer to Information Sheet 7 "Work Permit Holders and Entry Clearance Visa Requirements" for further advice. However, you will not need an entry clearance visa if your work permit is for less than 6 months. The only nationals who do not need to obtain an entry clearance visa are from the following countries who will be joining the EU on 1 May 2004, namely : Cyprus Czech Republic Estonia 1 Reed Smith 2003 Hungary Latvia Lithuania Malta Poland Slovenia On arrival in the UK, you must produce to the Immigration Officer: your current passport, your work permit and, if appropriate, your visa for entry as a work permit holder which will be endorsed in your passport. It is the function of the Immigration Officer to check that the work permit is in order and that you still intend to come here to work in accordance with the terms of the permit. The Immigration Officer may ask you a few questions as part of this checking process. Problems only arise if the Immigration Officer suspects that the permit has been issued fraudulently or if the basis upon which the permit was issued has since changed substantially e.g. you are no longer coming to work for that employer. 3. Requirement to Register with the Police Certain nationals are required to register with the police following their entry to the UK. (Commonwealth nationals are exempted from this process as are US nationals and Japanese nationals). The Immigration Officer will inform you if you are required to register, or a stamp will be endorsed in your passport to state: "the holder is hereby required to register at once with the police". If you are required to register with the police you must immediately contact your local police station if you live outside London or the Overseas Visitors Records Office if you live in London whose address is: Ground Floor, Brandon House, 180 Borough High Street, London SE1 telephone 020 7230 1208. Please also refer to Information Sheet 5 "Police Registration" for further advice. You will be issued with a Police Registration Certificate. Please read the conditions on the Certificate carefully as these state the circumstances in which you must continue to register changes to your address and your status whilst you are in the UK. PLEASE NOTE: Failure to register with the police when required is a criminal offence. 4. Travel abroad during the currency of your work permit You are free to travel abroad during the currency of your work permit. You must carry your passport, your original work permit and if you are required to register with the police, your original police certificate of registration and have these available to produce to the Immigration Officer on each return entry. 2 Reed Smith 2003 You must leave the UK no later than the last day endorsed in your passport unless an application for permission for you to remain here has been filed with the UK immigration authorities. 5. Application for a work permit extension If you are required to stay here longer than the permit originally granted, it is possible for your UK employer to apply for an extension of your work permit. The extension application must be filed within the last 3 months of your current permission. It is advisable to apply as soon as possible during that final 3 month period to allow the maximum time for the extension application to be processed before your permission expires. It is vital that any extension application is filed before your permission expires otherwise you will have become an overstayer which is an immigration offence and may prejudice future applications. Your passport and those of any dependant family members will also need to be submitted with the application for endorsement with the extension of your permission to remain in the UK. 6. Multiple Entry Work Permits There are separate arrangements for work permits issued for holders of Multiple Entry Work Permits. Please refer to Information Sheet 6 for further details of the Multiple Entry Work Permit. 7. Application for Indefinite Leave to Remain (Settlement/Permanent Residency) When you have completed a continuous period of 4 years residence in the UK as a work permit holder, you may be eligible to apply for indefinite leave to remain (permanent residency). Please note that this does not apply in the case of Multiple Entry Work Permits and TWES permits. 8. Your Family The Immigration Rules enable certain members of your family, namely your spouse and, in some circumstances, your unmarried partner and dependant children over 18 to accompany you to the UK as dependants of a work permit holder. Each family member accompanying you must first obtain an entry clearance to accompany or join you as your dependants BEFORE they come to the UK. The entry clearance visa is obtained from your nearest British consular post abroad. Each member of your family will need to complete one application form VAF1. 3 Reed Smith 2003 For further details about which family members may accompany you and the procedure for obtaining entry clearance, please refer to Information Sheet 4 "The Family of a Work Permit Holder". Please see Information Sheet 6 concerning the family of holders of Multiple Entry Work Permits. 9. Tax/National Insurance Contributions/Pension etc Your move to the UK may have implications for your tax status and upon other employment-related contributions you make for National Insurance, pensions etc. Please ensure that you contact your tax and financial adviser for the appropriate advice before you make arrangements to relocate to the UK. Should you have any further questions relating to the issues raised in this information sheet may we also refer you to the Reed Smith Information Sheet 1 "FAQs Work Permit Holders and Families". This information sheet is provided for general guidance only. Please contact the following for further advice on specific applications: UK Contacts Peter Alfandary Direct Tel: +44 (0) 20 7556 6703 firstname.lastname@example.org Caron Pope Direct Tel: +44 (0) 20 7556 6833 email@example.com Jennifer Carr Direct Tel: +44 (0) 20 7556 6725 firstname.lastname@example.org Nadine Barnole Direct Tel: +44 (0) 20 7556 6847 email@example.com US Contact (New York) Sophie de Bellissen Direct Tel: +1 (212) 702 1385 Sdebellissen@reedsmith.com REED SMITH Minerva House 5 Montague Close London SE1 9BB Telephone : +44 (0) 20 7403 2900 Fax: +44 (0) 20 7402 4221 November 2003 4 Reed Smith 2003