Work permit duration and extension
Work permits are granted for up to five years. After spending the majority of five years physically in the UK on a work permit, a sponsored candidate can usually obtain permanent residence.
Length of the work permit
The length of the work permit depends on a number of factors which are normally more related to the employer and the job/project than the strength of the candidate. Our advice is that you should not worry if you get only a short term permit as it will normally be possible for it to be extended if you are still needed by your employer (and if you are not needed by your employer, you may well be able to find a new UK employer who can get another permit for you to stay in the UK).
Start up companies will generally not be granted work permits of more than 18 months duration; these permits are extendable, but copies of the first year's audited accounts will need to accompany the application for extension.
Permits for staff to work at a client's site will be limited to the duration of the contract existing with the client. Applications for any extension will need to be accompanied by proof that the contract has been extended (or that another contract has begun).
It used to be the case that, only in exceptional circumstances, or for board level staff, would work permits be issued for an initial 5 year period. Now it is the Border and Immigration Agency's policy to issue for long periods wherever possible – although staff working on client projects are still restricted by contract length. However if a work permit expires, and you have a continuing need for the candidate, it is now very easy to obtain an extension to the permit (the need to re-advertise the post on extension has been formally scrapped).
Extensions
Work permit extensions: As with the initial application, extensions of work permission can be requested for up to five years. All applications for extension must be made before the current leave to remain expires. Note that extensions cannot be applied for in the case of Multiple Entry Work Permits but a fresh application for a further permit can be made once the individual concerned is outside the UK.
Indefinite leave to remain: As with other employment-based categories, individuals who have spent five continuous years in the UK as a work permit holder will usually become eligible for indefinite leave to remain ("ILR"), subject to meeting all the relevant criteria. As noted above, time spent in the UK with a Multiple Entry Work Permit does not count towards indefinite leave to remain.
