Breytenbachs

Tier 2 Skilled Worker Permit

The Tier 2 Skilled Worker Permit replaced the popular Work Permit scheme on 27 November 2008.

Persons whose work permits (obtained under the old work permit scheme) take them up to the qualifying period for indefinite leave to remain will not be 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) comes into force. 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 would first need a licence from the UK Border Agency in order to employ citizens from outside the European Economic Area, who would require Tier 2 permits. Licensed sponsors will 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 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 will advise and assist employer clients in relation to their applications for Licences, and if required will represent employers in their dealings with the Border & Immigration Agency in relation to the issue of Sponsorship Certificates.

Breytenbachs advises UK employers who wishes to employ foreign non-EEA citizens to get in touch with Breytenbachs in order to get the application process starting.

Please also see the following link for more information on Sponsorship Licences.

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) and Tier 2 (Intra company transfers):

Section	Certificate of Sponsorship		Qualifications		Prospective Earnings
A	Job offer in shortage occupation	50	No qualifications	0	£17,000 - 19,999	5
Attributes
(50 points	Offer of job that passes	30	NVQ3	5	£20,000 - 21,999	10
needed)	Resident Labour Market Test
			Bachelors/Masters	10	£22,000 - 23,999	15
	Switching from a post study	30
	category		PhD	15	£24,000 +	20

	Intra Company Transfer	30


B	Maintenance Requirement					10

C	Competence in English					10

Points available for an extension of the above:

Section	Certificate of Sponsorship		Qualifications		Prospective Earnings
A	Certificate of sponsorship	50	No qualifications	0	£17,000 - 19,999	5
Attributes	assigned under transitional
(50 points	arrangements		NVQ3	5	£20,000 - 21,999	10
needed)
	Points previously granted	50	Bachelors/Masters	10	£22,000 - 23,999	15
	as it was a shortage occupation
			PhD	15	£24,000 +	20
	Other cases in which applicant	50
	has a certificate of sponsorship

B	Maintenance Requirement					10

C	Competence in English					10

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 specify. 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, you will qualify to apply for indefinite leave to remain.

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Tue, 6/1/2009