“eligible to work ” .. again please ??

[2uk]

Hey guys !

Can somebody who understands Immgr. Procedures, please make the following matter clear.

Various documents and sites use the phrase “eligible to work ” when referring to “visa – Nationals” seeking UK Employment.

What is implied by „If your application is for a position based in the UK, under European Employment Law you must be eligible to live and work in the UK „?

A „visa national" needs a "work-permit" AND a "visa" in order to work in the UK.

A “Work Permit” is obtained by the UK employer AFTER granting the position to a particular "visa" national.

A "Visa" could be granted to a "visa national" from the UK Immgr. Authorities IF the persons holds a current "Work- Permit".

So a person who seeks a position, but hasn’t found one IS NOT currently “eligible” to work in the UK.

However, Is he/she "eligible" to register with agencies and apply for jobs in the UK , since If he/she is granted one , he/she WILL be "eligible" to work in the UK ?


Thanks 2uk.

[ppron747]

To me, "eligible to work" means eligible to work now - without further formalities. The question as to whether you can register with recruitment agencies is really one that only they can answer. Again, only my view, but surely if they were inviting registration by people who aren't currently eligible to work, they would have said so?

[2uk]

Thanks Paul , More comments anyone ?.

Job Search sites like jobserve.com require "eligibility" but at the same time allow you to register and choose a home country that is in the "visa" list. That is - the site allows "visa nationals" to register. confusing..

[lemess]

Thanks Paul , More comments anyone ?.

Job Search sites like jobserve.com require "eligibility" but at the same time allow you to register and choose a home country that is in the "visa" list. That is - the site allows "visa nationals" to register. confusing..

Someone who is eligible to work in the UK could well have some other country as a home country. I can off hand think of the following ways of getting this eligibility without citizenship : ILR, marriage to an EEA citizen, HSMP visa etc. etc Then of course there are dual nationals and EEA citizens.

Secondly I doubt if a job site is going to be particularly interested in keeping its pulldown lists in synch with the ins and outs of immigration law. All they say is that it is your responsibility to ensure you are eligible to work in the UK and that's fair enough.

[John]

Paul, I agree with that interpretation.

2uk, you need to appreciate that visa nationals might be legally in the UK under all sorts of headings. Some will need a WP to enable them to take a particular job, but others will not.

For example, someone in the UK with HSMP .... or with ILR .... or with a two-year spouse visa (married to someone "settled" in the UK) .... none of them require a WP to accept any employment. So they are clearly "eligible to work" in the UK, in the same way as any British or EEA citizen.

[Dawie]

My favourite one on job websites is when they say you must have a valid "EU work permit" to be eligible to apply. Obviously noone has ever bothered to tell all the recruitment agencies out there that there is no such thing.

And then there's the old catch-22......must have a work permit before you can apply for the job, but can't get a work permit until you have the job offer. Isn't the world of UK recruitment wonderful?

Of course one can hardly blame them. These days it seems the home office is trying to shift the responsibility of immigration enforcement onto employers and recruitment agencies. Between all the various forms of stamps, endorsements and visa stickers it's not surprising that they don't have a clue.

[John]

it seems the home office is trying to shift the responsibility of immigration enforcement onto employers

If by that you mean that employers are liable for a fine or penalty if they employ illegal workers, I have to say that I think that is absolutely necessary! If such fines or penalties did not exist then employers would not need to take such care over these matters.

[2uk]

All they say is that it is your responsibility to ensure you are eligible to work in the UK and that's fair enough.

I hope that is the case