TNAG-2367-FCO40-3440-British-Dependent-Territories-(British-Overseas-Territories)-1991 — Page 111

10 The employer must:

☐ be capable of giving the proposed training;

be registered with the appropriate professional institute in the UK if the training leads to a professional qualification;

provide a detailed training programme with exact dates (fixed, as far as possible, in advance) including examination dates;

☐ offer wages and other conditions which are not

less favourable than those obtaining for similar on-the-job training in the area.

Permission for the overseas national to remain in training will depend on proof of satisfactory progress. This includes proof that he or she has passed the relevant examinations within a specified time limit. Normally no more than three attempts at any one examination are allowed.

■What are the rules that apply to work experience?

11 The work experience you offer should:

be of a type and standard approved by the Department;

not be readily available in the overseas national's home country but will be of use there;

be for a fixed length of time agreed in advance;

be for a minimum of 30 hours per week.

12 The maximum period of work experience is

normally 12 months. In very exceptional circumstances this can be extended to a total of up to two years (but normally only when this has been agreed at the outset by this Department).

13 The overseas national must:

have the necessary educational or professional qualifications or job experience to be able to benefit from the work experience offered;

be between the ages of 18 and 35 years and be near the start of his or her career;

be surplus to your normal staff needs, not filling a vacancy which would otherwise be filled by British labour (unless there is a head-for-head exchange or similar arrangement between a UK and an overseas enterprise where those involved fill the vacancies created by the exchange).

14 The employer must:

■ be capable of giving the proposed work experience;

provide a detailed programme with exact dates fixed, as far as possible, in advance;

clearly state the purpose of the work experience.

15 In addition, if anything is paid to the overseas

national, you should pay only pocket money or a maintenance allowance, far less than would be paid to an ordinary employee, (unless a statutory minimum wage rate under the Wages Act 1986 applies, in which case you must pay at least the statutory minimum rates).

The overseas national may be paid full wages if:

there is a head-for-head exchange or similar arrangement between a UK and an overseas enterprise and the UK employee will also get full pay;

the overseas national will be paid by his employer abroad:

the overseas national is coming on an inter- company transfer for a short period for career development purposes.

How do I apply?

16 The application has to be made by the employer in

the United Kingdom. First, fill in form OW22 which you can get from your local Jobcentre. You will find their address in the telephone directory under 'Manpower Services Commission' or 'Employment Service'.

Where do I send the application form?

17 There is clear guidance on where to send your application on the front page of form OW22.