TNAG-2171-FCO40-3108-Special-quota-of-work-permits-for-the-Dependent-Territories-1990 — Page 3

work permit

LAST PAPER

M Paul, HKD

For advice

please

"HKD 213/1

PARLIAMENTARY UNDERRECEIVED IN DÉCISTAY

SECRETARY OF STATE

DESK

INDEX

* JAN 1991

نظر اسم

Dear hovd Caithness,

Advised.

M

HOME OFFICE

QUEEN ANNE'S GATE

LONDON SWIH 9AT

se ps/hord Caithners

Milan 14 September 1990

f. sur Cont

(PS/hord Canthers)

21/9

HONG KONG : SERVICE WITH BRITISH FIRMS

At our meeting on 6 September I said I would let you have more details of ways in which firms in Hong Kong could use existing immigration arrangements to help employees gain settlement rights in the UK and then qualify for British Citizenship.

There are several provisions in the Immigration Rules which enable people from overseas to come to the UK on a permanent basis and ultimately qualify for settlement. The route which may be of particular interest to British and other multinational companies is entry with a work permit. For Hong Kong firms without existing British interests there is also the possibility of sending a member of their staff here as a sole representative.

Work Permit criteria are generally tight and allow only people with high skills and qualifications which are in short supply in the EC to come here under the work permit scheme. However multi- national companies transferring staff around the world in order to develop experience and expertise and thereby maximise the use of resources are treated as a special case. The resident labour test is waived and the Department of Employment are prepared to issue work permits providing the skills criteria are met and in the case of a large multi-national providing also that the number of inward transfers is balanced by outward transfers.

You may think it worth pointing this out to firms in Hong Kong with UK links.

In the case of registered Hong Kong firms which do not already have a branch, subsidiary or other representatives in the UK, the Immigration Rules allow for the admission of а sole representative here without a work permit. In order for the sole representative to qualify for the necessary entry clearance we would have to be satisfied that the overseas firm was operating and viable, and that there was a realistic prospect of generating business here, that the representative would be fully versed in all aspects of the firm's activities and policies and have a contract of employment and the salary commensurate with a position of considerable delegated power and responsibility. should perhaps add that a sole representative arrangement would still be acceptable if a company already existed here but only as a legal entity employing no staff and transacting no business.

I

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