Dear Mr Bassie,

My cousin owns his business in the UK and has offered me a job. I have a university degree and some work experience. My cousin also told me I may be able to get a work permit. Please, tell me if I am eligible for a work permit.

Thanks for your advice.

T. M.

Dear T.M.,

For the purposes of my response, I am going to assume you are a non-European Union national.

I would like to first point out the training and work permit scheme was replaced in November 2008 since the inception of the points-based system with a Tier 2 skilled worker certificate of sponsorship.

I am not sure if you will be eligible for the Tier 2-sponsored skilled worker category as this is for those people who are going to the UK and intend to be directly employed by a company whose vacancy cannot be filled by a British or European Economic Area (EEA) worker. You have not indicated whether this is the situation at the company that has offered you the position. Also, in order for an employer to be able to obtain a work permit, in most cases, they must first be able to prove they had advertised the position nationally and were unable to fill it with someone from within the EEA.

UK Shortage Occupations List

It may also be a worthwhile exercise to see if the position being offered to you is on the UK Shortage Occupations List. This list details the professions that are in high demand. If the employer is looking to fill a position that is on the list then it does not need to be advertised.

Furthermore, it is a requirement that the company offering employment to you holds a licence issued by the UK Border Agency. This licence will permit the employer to issue certificates of sponsorship in accordance with the rules.

If you think you may be successful in such an application, then you will need a certificate of sponsorship in your application for Entry Clearance at the British Mission or Visa Application Centre when you make your application in your home country which, in this case, would be Jamaica. The certificate of sponsorship is an electronic document and is evidenced by a unique alpha numeric code.

It is not only necessary that the Tier 2 work permit is applied for by the employer - who has a need to fill a vacant position with a specific person - but it is also vital that the prospective employer, in this case, your cousin, show that the business is genuine and that there is a genuine requirement to fill the intended position. In addition, you must be suitably skilled and/or qualified for the vacant position that is being offered and also that you meet the basic educational requirements. I believe that as long as your degree is a UK degree-level qualification, then you should satisfy the skills-threshold requirement.

If your prospective employer and the job meet the necessary qualifications and specifications, in addition, if you think you may fall into the category of a skilled worker and have the basic qualifications to satisfy the skills threshold, it is possible you may be eligible for a Tier 2 work permit. Furthermore, if you are successful in your application then you may be given up to three years to live and work in the UK for that employer.

I hope this information assists you. Good luck.

John S. Bassie is a barrister/attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com.