|
||
| English | | | Afrikaans |
| info@breytenbachs.com | ||
| Fri, 30/7/2010 | ||
Background
The Tier 2 Skilled Worker Permit replaced the popular Work Permit scheme on 27 November 2008 which we now call the old style work permit scheme. Amendments to the rules and criteria of Tier 2 were introduced on 6 April 2010.
Persons whose work permits (obtained under the old work permit scheme) take them up to the qualifying period for indefinite leave to remain is not affected by the introduction of Tier 2.
Transitional provisions are in place for persons whose leave to stay under the old work permit scheme expires after the Skilled Migrant Tier (Tier 2) came into force but before they qualify for indefinite leave to remain. However, the employer will need to obtain a licence from the Border & Immigration Agency to continue employing such a person in the aforementioned case.
Sponsorship Licences
Under the new Tier 2, an employer first needs a licence from the UK Border Agency in order to employ citizens from outside the European Economic Area, who require Tier 2 permits. Licensed sponsors apply to the UK Government for a Certificate of Sponsorship to employ a foreign non-EEA citizen under certain specific circumstances. However, this Certificate of Sponsorship does not guarantee that entry clearance or Further Leave to remain, whichever is applicable, will be issued to the applicant. As a condition of keeping their sponsorship licence, employers will need to alert the UK Home Office if migrants do not comply with their immigration conditions, such as not turning up for their job or disappearing. Failure to comply with this requirement could result in the sponsor losing its licence.
The application process for a Licence is complicated, and involves ultimately an on-line application followed up by presentation of the appropriate documentation. Breytenbachs advise and assist employer clients in relation to their applications for Licences, and where required represent employers in their dealings with the Border & Immigration Agency in relation to the issue of Sponsorship Certificates.
How does one qualify for Tier 2?
Tier 2 (Skilled Workers) has four categories:
· General - for persons coming to the UK with a job offer that cannot be filled by a resident worker, as well as for applicants coming to the UK to fill a shortage occupation.
· Intra Company Transfers - for employees of multi-national companies who are being transferred to a skilled job in a UK branch of the organisation.
· Sportsperson - for elite sportspersons and coaches whose employment will make a significant contribution to sport at the highest level.
· Ministers of religion - for persons coming to fill a vacancy as a Minister of Religion, Missionary or member of a religious order.
An applicant wanting to come to work in the UK under this tier will need to have obtained a Certificate of Sponsorship and show that he/she has at least 70 points to qualify under the criteria for this scheme – see tables below. The points will include points related to the Certificate of Sponsorship, which will be issued to them by the prospective UK employer to fill a qualifying job. Two control tests are included as well, namely;
· A maintenance requirement, which is £800 for initial out-of-country applications, including 2/3 of this amount for each dependent they intend to bring with them. (pass mark is 10 points)
· English language ability. (pass mark is 10 points). Note that if an applicant is applying for permission to come to the UK under Tier 2 (Intra Company Transfer) or extending his/her stay under this category, he/she does not have to meet the English language requirement if his/her extension does not take the length of stay to more than 3 years.
Having obtained this Certificate of Sponsorship, applicants will then apply for entry clearance from the British High commission or Consulate in their home countries.
Points available for Tier 2 (General):
|
Section |
Certificate of Sponsorship |
|
Qualifications |
|
Prospective Earnings |
|
|
A |
Job offer in shortage occupation |
50 |
No qualifications |
0 |
Below £20,000 |
0 |
|
Attributes |
|
|
|
|
|
|
|
(50 points |
Offer of job that passes |
|
GCE A-Level |
5 |
£20,000 - 23,999 |
10 |
|
needed) |
Resident Labour Market Test |
30 |
|
|
|
|
|
|
|
|
Bachelor degree |
10 |
£24,000 - 27,999 |
15 |
| Switching from a post study | ||||||
| work category | 30 | Masters degree | £28,000 - 31,999 | 20 | ||
| or PhD | 15 | |||||
|
|
Intra Company Transfer |
25 |
|
|
£32,000 or above |
25 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
B |
English language ability (mandatory) |
|
|
|
|
10 |
|
|
|
|
|
|
|
|
|
C |
Maintenance (mandatory) |
|
|
|
|
10 |
You can only score points for one entry in each column. You must score at least 50 points in total for your attributes.
Since 6 April 2010 Intra-Company Transfers have been split into three new sub-categories. The table below summarises the main features of each sub-category.
|
|
Established Staff |
Graduate Trainee |
Skills Transfer |
|
Purpose |
To fill posts requiring established employees that would not otherwise be filled by resident workers |
For new graduates who need to come to the UK as part of a structured training programme |
For new employees who will not fill a UK vacancy and are coming solely for skills transfer reasons. |
|
Points required |
50 for attributes 10 for maintenance 10 for English language ability (if extending beyond 3 years) |
50 for attributes 10 for maintenance |
50 for attributes 10 for maintenance
|
|
Minimum skills level |
S/NVQ level 3 and above |
Graduate occupations only |
Graduate occupations only |
|
Minimum salary |
Appropriate rate for the occupation |
Appropriate rate for the occupation |
Appropriate rate for the occupation |
|
Previous experience required |
12 months |
3 months |
None |
|
Maximum length of stay |
As Tier 2 (General) |
12 months |
6 months |
|
Switching to other categories |
Permitted, but can only switch Tier 2 categories if changing employer |
Not permitted |
Not permitted. |
Points available for Tier 2 (Sportsperson) and Tier 2 (Ministers of Religion):
|
Section |
Certificate of Sponsorship |
|
|
A |
Certificate of sponsorship |
50 |
|
|
|
|
|
B |
Maintenance Requirement |
10 |
|
|
|
|
|
C |
Competence in English |
10 |
Shortage Occupations and the Resident Labour Test
The UK Home Office are advised by the Migration Advisory Committee (MAC), in which areas of the UK labour market shortages are experienced. The list of these occupations is called the shortage occupation list. Where an applicant is applying for leave to fill a job from this list, he/she will receive sufficient points, without having to earn points for prospective earnings or qualifications.
The implication of an occupation not being on the shortage occupation list, is that employers are required to advertise the position. Where the employer can demonstrate, after advertising, that there is no suitably qualified resident or EU citizen candidate available to fill the vacancy, a sponsorship certificate can be issued to the non-EU citizen. This is done to protect the domestic labour market.
Some Rules and Restrictions on a Holder of a Tier 2 permit:
· You must have no recourse to public funds.
· You may not own more than 10% of the sponsor's shares, if the sponsor is a limited company.
· You are not allowed to take up any additional employment except working for the sponsor in the employment that the certificate of sponsorship specifies. You are also allowed to take up supplementary employment and voluntary work. However, strict rules apply in this regard.
· You can apply for dependants to join you in the UK. Your dependants will be able to work without restriction in the UK.
· You are allowed to change employment within the organisation or with a new organisation, but this will call for a new application under Tier 2.
Does this visa lead to indefinite leave to remain?
Yes, at the end of successful completion of a five-year period on a Tier 2 permit (excluding tier 2 Intra Company Transfers), you will qualify to apply for indefinite leave to remain.
| UK Permits & Visas |
| Newsletter sign-up | |
|
| General |
| © Breytenbachs. 2004 | Disclaimer | Regulated by the Law Society |