HC Deb 12 March 2003 vol 401 cc308-9W
Rev. Martin Smyth

To ask the Secretary of State for the Home Department when Work Permits UK were consulted by the Northern Ireland Department of Employment and Learning regarding work permit applications in respect of pole dancers; whether Work Permits UK make a distinction between applications for(a) pole dancers and (b) lap dancers; and whether an application for pole dancers should be treated on the basis of an entertainment application. [102432]

Beverley Hughes

Work Permits (UK) was not consulted by the Department of Education and Learning on the issue of permits for pole dancers. Work Permits (UK) does not issue work permits for overseas nationals to work as pole dancers.

All work permit applications are assessed on a case-by-case basis against the work permit criteria. In order to qualify for a work permit under the business and commercial arrangements the job is expected to require an individual to have either a UK equivalent degree level qualification, a Higher National Diploma (HND) level qualification which is relevant to the post on offer, a HMD level qualification, which is not relevant to the post on offer plus one year of relevant work experience or three years experience of using specialist skills acquired through doing the type of job for which the permit is sought. This should be at National/Scottish Vocational Qualification level 3 or above.

In order to qualify for work permit under the arrangements for entertainers the individual must have performed at the highest level and have established a reputation in their profession or be engaged to perform or do work which only they can do.

An application for a pole dancer or lap dancer would not qualify under either of the above categories, and would be refused on the grounds that the skills criteria had not been met.

Simon Hughes

To ask the Secretary of State for the Home Department whether work permits can be issued to individuals who have entered the UK illegally. [102466]

Beverley Hughes

Illegal immigrants cannot apply for work permits, and it is an offence knowingly to employ an illegal entrant to the United Kingdom. Where an employer applies for a work permit for an overseas national who is already in the United Kingdom, Work Permits (UK) will first consider whether the application meets the criteria of the work permit arrangements before considering whether, under the Immigration Rules, the overseas national may be granted leave to remain for the purpose of work permit employment. Under the Immigration Rules, only those who were admitted to the United Kingdom as a work permit holder, as a student or student nurse or as a postgraduate doctor or dentist may be granted an extension of stay for the purpose of work permit employment. Granting such leave in any other circumstance can only be considered on a discretionary basis. Such discretion will not normally be exercised where the overseas national has had an adverse Immigration history.

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