WRK3 - Work: Work Permit holder dependants
This is internal guidance for use by entry clearance staff on the handling of applications made outside the United Kingdom (UK) for work permit holder dependants. It is a live document under constant review and is for information only.
On this page
- WRK3.1 What is the situation since no applications for work permits were accepted after 26 November 2008?
- WRK3.2 Can all work permit holders bring their dependants to the UK?
- WRK3.3 How do work permit holder dependants qualify?
- WRK3.4 What is the endorsement for work permit holder dependants?
- WRK3.5 What is the refusal wording for work permit holder dependants?
- WRK3.6 Is there a full right of appeal?
- WRK3.7 Work permit abuse
WRK3.1 What is the situation since no applications for work permits were accepted after 26 November 2008?
Although no applications for work permits were accepted after 26 November 2008, employers in the UK who applied for work permits on or before that date continued to have their applications processed and work permits continued to be issued. Posts may therefore have continued to receive applications for entry clearance from work permit holders, but now are more likely to see applications from work permit holder dependants or allowed appeals.
If ECOs require guidance on work permit holders, for example, for allowed appeals, they should contact Work Operational Policy.
From 27 November 2008 applicants who do not already have a valid work permit, and who wish to work in the UK must apply under the relevant PBS tier (Tier 2 / Tier 5: Temporary worker). Guidance on PBS applications is published on our Working in the UK section.
WRK3.2 Can all work permit holders bring their dependants to the UK?
No. The dependants of someone admitted as a Multiple Entry Work Permit (MEWP) holder do not qualify for Leave to enter. It is important to check the original work permit since an entry clearance issued to an MEWP holder under paragraph 199 of the immigration rules has the same endorsement as that issued under the normal Work Permit / TWES category. (Paragraphs 128 and 166). Where the sponsor is a MEWP holder, dependants should be advised that they are not eligible to apply to join the sponsor.
WRK3.3 How do work permit holder dependants qualify?
When assessing the intentions of the dependants, the ECO should concentrate on whether the dependant intends to remain only as long as the work permit holder, rather than concentrating on the dependant's intention to leave the UK. Where the dependant expresses a desire to remain in the UK on a permanent basis, the ECO should assess simply whether they intend to remain beyond the period given to the permit holder. Where the permit is valid for 4-5 years or more, refusal of dependants on intentions is inappropriate, as they may be eligible to apply for indefinite leave to remain after that time, subject to meeting all of the requirements of the immigration rules which are in place at the time they apply.
WRK3.3.1 For spouses / civil partners
WRK3.3.2 For unmarried partners
WRK3.3.3 For children
WRK3.3.4 Is there provision for children aged over 18 or dependent parents?
As a concession outside the Immigration Rules, entry clearance officers have the discretion to issue entry clearance to children over the age of 18 or dependent parents of work permit holders who are intra company transferees, provided that the work permit holder is an intra company transferee who has been posted to the United Kingdom by his / her employer; and that the applicant:
- is genuinely dependent upon the work permit holder; and
- is, and intends to remain, part of the family unit; and
- will not seek to remain in the United Kingdom beyond any period of leave granted to the work permit holder.
WRK3.4 What is the endorsement for work permit holder dependants?
WRK3.5 What is the refusal wording for work permit holder dependants?
See Refusal wordings (can be downloaded under 'Related documents' on the right of this page).
WRK3.6 Is there a full right of appeal?
Yes, unless refusal is on the grounds of age or the work permit holders have themselves been refused.
WRK3.7 Work permit abuse
The Managed Migration Intelligence Unit investigates allegations of potential work permit abuse and carry out post-issue checking. Their contact details are:
Managed Migration Intelligence Unit
Telephone: 0114 279 3480
Fax: 0114 279 3482