Steps to follow

If you’re from Switzerland or the European Economic Area, you and your family will usually have the right to freely enter the UK and work there. However, the rules are different if you are from a country which only recently joined European Union.
Czech, Estonian, Hungarian, Latvian, Lithuanian, Polish, Slovakian and Slovenian nationals must register with the UK Border Agency (UKBA) under the Worker Registration Scheme if they wish to work in the UK for more than a month. Once you’ve legally worked in the UK for a year without a break in employment, you’ll no longer be required to register and can obtain a residence permit confirming your right to live and work in the UK. You need to apply to register within one month of starting your new job. If you don’t, your employment will be unlawful and won’t count towards your 12-month qualifying period to become exempt from registration.
Most Bulgarian and Romanian nationals can’t start working in the UK without UKBA’s permission. You’ll need to apply for an accession worker card and your employer will probably have to apply for a work permit for you. If your application is declined you must appeal within 28 days and the UKBA will review its decision. Details of how to request a review will be given in your refusal letter. If you meet the highly skilled migrant person criteria (see below), you may not need an accession worker card, but you’ll have to apply for a registration certificate.
If you’re a foreign national from outside the EEA who wants to work in the UK you’ll need to go through the UK’s new points-based immigration system. There are different categories with different requirements and criteria for each.
Highly skilled workers, investors, entrepreneurs or foreign graduates from UK universities, don’t need a definite job offer to work in the UK, but they are required to pass the points-based assessment before they can apply to work here.

• Highly skilled workers must be able to show that they’re highly skilled (as evidenced by, eg qualifications and previous earnings), have money to support themselves, and can speak English
• You can apply under the entrepreneur category if you’re investing in the UK by setting up/ taking over, and being involved in running one or more businesses here. Again you’ll need to be able to speak English and must have funds to supports yourself.
• If you apply under the investor category, you’re awarded points based on your ability to invest £1,000,000 in the UK.
• If you’ve graduated from a university in the UK, you can apply to work here when you’ve finished your studies. Points are allocated based on your ability to speak English, to support yourself and on your “attributes” (ie your UK qualification, study at a UK institution, your immigration status during UK study and/or research, and the date of award of the qualification).

Tier 2 of the points-based system is for skilled workers. To apply under this section you must: have a job offer from a licensed sponsor; hold a valid certificate of sponsorship; and pass the points-based assessment. It has four categories of skilled worker:

• General (points based on your qualifications, future expected earnings, sponsorship, English language skills and available funds);
• Minister of Religion (points based on certificate of sponsorship, English language skills and available funds);
• Sportsperson (you must have a valid certificate of sponsorship with a governing body endorsement number and your points will be based on certificate of sponsorship, English language skills and available funds);
• Intra Company Transfer (points based on your qualifications, future expected earnings, sponsorship, English language skills and available funds).

If you want to come to the UK to do temporary work, you’ll need a job offer from a licensed sponsor, a valid certificate of sponsorship and you’ll need to pass the points-based assessment to be eligible to apply. There are various categories (creative and sporting; charity workers; religious workers; government authorised exchange; and international agreement) but for all, points are awarded based on your sponsorship and available funds.
Would-be workers from Australia, Canada, Japan or New Zealand can apply under the Youth mobility scheme. People from these countries are sponsored by their national government. Points are amassed based on nationality, age and available funds.
There are various other work-based categories available to people who want to work in the UK which are generally based on present requirements. These are constantly under review. Would-be applicants should check the UKBA website to see which categories are currently open (see www.ukba.homeoffice.gov.uk/workingintheuk/othercategories/). At present open categories include: domestic workers; a sole representative of an overseas firm; a representative of an overseas newspaper, news agency or broadcasting organisation.

What to watch out for

If you’re a citizen of a Commonwealth country and one of your grandparents was born in the UK (including the Channel Islands and the Isle of Man), you have UK ancestry and you’re application route will be different. If you’re given permission to enter and work in the UK under this category, you’ll be allowed to stay for five years.

Solicitor’s top tip

If you want help from an immigration adviser, check out the Office of the Immigration Services Commissioner (OISC). They can't help with individual applications or give advice, but can find someone in your area who can help. It will also tell you how to complain if you think you’ve been badly treated.

Useful links

Free advice

www.iasuk.org
www.rmj.org.uk
www.lawcentres.org.uk
www.citizensadvice.org.uk
www.communitylegaladvice.org.uk
www.lawworks.org.uk
www.refugeecouncil.org.uk
www.uklgig.org.uk

Online services

Office of the Immigration Services Commissioner
UK Border Agency website
Law Society
www.nicem.org.uk
www.ilpa.org.uk
www.ipcc.gov.uk
www.ukcisa.org.uk

Useful articles

Overview of immigration to the UK
Claiming asylum
Overview of employment rights (personal)
Do I need a lawyer? (personal)
Choices if you cannot afford a lawyer