• THE WORKING HOLIDAY MAKER SCHEME – CHANGES WITH EFFECT OF 8TH FEBRUARY 2005

    As part of the government’s five-year strategy for immigration and asylum announced on 7th February 2005, changes have been made to the working holidaymaker scheme that have immediate effect.  The main changes are that a working holidaymaker must:

    Intend only to take employment incidental to a holiday, and not to engage in business, or to provide services as a professional sportsperson, and in any event not to work for more than twelve months during their stay;
    Be a national or citizen of a Commonwealth country except for Lesotho, or a British Overseas Citizen; a British Overseas Territory Citizen; or a British National (Overseas);
    May switch into employment only in the following categories:  Innovators, Highly Skilled Migrant Programme or Work Permit employment, if the occupation is on the list of designated shortage occupations maintained by Work Permits (UK).
    The changes will affect all applications, including those made before 8th February which have not yet been decided.  Those who applied before 8th February and have not received a decision will be allowed to choose to have their application decided under the new requirements, or to withdraw their application and receive a refund of the application fee.

    This means that, with immediate effect, it is not possible for a working holidaymaker to switch into work permit employment, unless the employment falls within the shortage occupation list.  New working holidaymakers may not take career-enhancing employment.

    This announcement marks the return to the ‘old style’ working holidaymaker scheme that was in force for many years, prior to the changes announced in 2003.

    For further information regarding UK immigration laws and procedures please contact Magrath LLP.

    Magrath LLP, Solicitors
    52/54 Maddox Street
    London
    W1S 1PA

    Tel: 020 7495 3003 / Fax: 020 7409 1745

    E-mail: Magrath@magrath.co.uk

    Website: www.magrath.co.uk

    Contacts: Chris Magrath/Sharmila Mehta/Ben Sheldrick/Julia Jackson/ Julie Speed/Christine Pepper/ Delphine Dervin/
    Alison Kelso/ Lisa Monaghan-O’Connor/Tracey Morgan
    © Copyright Magrath LLP, Solicitors 2005