Tier 2 - Sponsored Skilled Workers
In November 2008, the Tier 2 (General) scheme and Business Sponsorship replaced the Work Permit (WP) scheme.
The Skilled Worker category (Tier 2 General) is part of the UK’s new managed migration structure and requires applicants to have a Certificate of Sponsorship (“CoS”). A Certificate of Sponsorship is a unique reference number that a sponsor can issue to a migrant worker whom it wishes to employ in the UK. The CoS will allow the worker to apply for an Entry Clearance or Leave to Remain to enable them to take up employment with the UK -based sponsoring company.
As with the Work Permit scheme, the Tier 2 scheme is an employer led process whereby the sponsoring company applies for a visa on behalf of the candidate. A sponsor should only issue a CoS to a migrant if they are satisfied that the migrant is qualified to fulfil the job vacancy. Employers are responsible for ensuring that candidates are eligible and suitable to fill the positions being offered and as an organisation, they may be subjected to immigration compliance checks with or without prior notice. Employers will be awarded either an A or B rating sponsorship licence according to the UK Border Agency’s risk assessment.
Candidates will be assessed on a points - based test and will be required to meet a minimum of 50 points threshold in order to qualify. Tier 2 applicants may apply through one of the following categories:
The Skilled Worker category (Tier 2 General) is designed for applicants coming to the United Kingdom with a skilled job offer to fill a gap in the workforce following a thorough residential labour test. Holders of a Tier 2 General visa can change their job whilst in the UK, however the process of obtaining a Certificate of Sponsorship (“CoS”) must be repeated and a candidate must be reassessed on the points criteria.
The Intra-Company Transfer category is for employees of multi-national companies who are being transferred by an overseas employer to a skilled job in a UK based branch of the organisation. Applicants in this category are exempt from the English Language requirement for the initial three - year period.
Ministers of Religion
Religious workers may seek long-term entry to the UK under the Tier 2 or, Tier 5 scheme if they intend to stay for less than two years and their role does not involve preaching. In both cases, candidates must be sponsored by a religious institution which holds a current Faith Body Endorsement from the relevant faith body.
Sportsperson
The sportsperson category is for elite sports athletes and coaches who are internationally established at the highest level, and will make a significant contribution to the development of their sport.
Dependants
A successful applicant is entitled to bring their dependants with them, including their spouse, civil partner, unmarried partner, and/or children.
From 6 January 2010 those applying to switch or extend their Tier 2 Work Permit visa will be required to attend a biometric appointment and will be issued with an Identity Card for Foreign Nationals (ICFN).
Employing a Migrant - Corporate Service for UK companies
We offer UK employers and their Human Resources (HR) departments a full range of corporate immigration and global relocation services, providing flexible and progressive solutions suited to their needs. Our specialists will ensure that your foreign workers are in compliance with the requirements of the new Points Based System.
As part of our corporate service we conduct a thorough assessment of the company and the candidate’s eligibility under the Tier 2 scheme. In addition, we provide the following services:
- Accurate advice abut the sponsorship licence process, submission and the documentation required
- Comprehensive guidance concerning compliance with the law, along with the sponsor's duties, responsibilities and potential penalties
- Assistance with advertising campaigns
- Help with follow-up assessments after advertising campaigns
- Detailed advice regarding the process, the evidence required for the Leave to Remain and Entry Clearance applications
- Preparation and submission of the application on the candidate's behalf
- Assistance with miscellaneous immigration concerns.
Our team of experts will assess the specific immigration circumstances of each application. We will respond to the requirements of your HR department and efficiently integrate our service with the needs of your business. Contact us to learn more about this service.
