Work Permit

To come to the UK as a sponsored migrant, applicants must make a successful Entry Clearance or Leave to Remain application. The applicant must have a job offer; a Certificate of Sponsorship ("CoS") issued by a UKBA licenced sponsor and score sufficient points under the new Points - Based System.

To obtain a Certificate of Sponsorship, an employer must be able to show that the position offered is a genuine vacancy with pay equal to that which a UK national would receive were they to be employed in the same position.

The role must be at or above the required National Vocational Qualification (NVQ). Certain vacancies listed on the Shortage Occupation List, published by the UKBA,  are exempt from the advertising requirement. However, where a position does not appear on the list, an employer must show that they have carried out a Resident Labour Market Test in an attempt to fill the role with a resident worker from the UK.

Applicants must score a total of 50 points in the ‘Attributes’ section. Points will be awarded for sponsorship status, qualifications and prospective earnings.

Sponsorship

Depending on the Sponsorship status you can be awarded a maximum of 50 points in this category.

The Resident Labour Market Test is a crucial part of the Tier 2 General and is used to protect the domestic labour market. Sponsors are required to conduct a Resident Labour Market Test unless:

Initial applications

Following the changes to the immigration rules introduced on 6 April 2010 applicants will only be awarded points for earnings above £20,000 instead of the previous £17,000 or more. These adjustments ensure that all applicants in non-shortage occupations need prospective earnings of at least £20,000 to qualify under the Tier 2 Scheme. Further, applicants will now be awarded 15 points for a Masters' degree in place of the previous 10 points. It will still be possible to qualify if your occupation were to fall in  the "shortage occupation” list.

Extension applications

For Tier 2 extension applications, there is no longer the need to test previous earnings over the time an applicant has spent in the UK as 50 points will be awarded automatically upon submission of an extansion application.

However, in order to qualify for an extension, you must have a Certificate of Sponsorship to continue working in the same job for the same sponsor. You must also be paid at least the same, or higher, salary than that shown on your Certificate of Sponsorship for your previous grant of leave. The salary must also be at least equal to the current appropriate rate for the job, which may have increased since the last application.

Allowances

Payment of allowances is still acceptable, as long as your total salary package is at least equal to the appropriate rate that a resident worker would be paid.

Following MAC’s recommendation allowances have been scaled down and only a proportion of it would be awarded points.

The gross salary figure stated on a Certificate of Sponsorship is used to check that the salary is at the appropriate rate for the job and to award points for prospective earnings. The stated salary must be the actual gross salary package that will be paid to the migrant.

Changes of Employment

A change of employment application is required if a Tier 2 migrant wishes to work for a different sponsor.

One of the significant changes introduced in April 2010 concerns those who are changing jobs, but remaining with the same sponsor and within the same Standard Occupational Classification (SOC). From 6th April 2010,  these applicant will not need to submit a fresh change of employment applications as sponsors will be able to notify any change to their employment’ record via the SMS on the UKBA website.

However, there are two exceptions:

·         Those who salary reduces below the level stated on their Certificate of Sponsorship (other than company-wide reductions or reductions due to maternity, or adoption leave) will require a change of employment application. Please note that a change of employment application is not necessary for increases in salary in line with the market rate.

·         Job changes within the SOC code from a job on the shortage occupation list to a job that is not on the shortage occupation list will require a change of employment application.

It is a sponsor’s duty to report any changes in your pay, other than those due to annual increments or bonuses, and to report any changes in start / end dates of employment or changes in working location.

Additional Requirements

From 6 January 2010 if you apply to switch or extend a Tier 2 Work Permit visa you will be required to attend a biometric appointment and you will be issued with an Identity Card for Foreign Nationals (ICFN).

Tier 2 General visa may lead to settlement in the UK having completed five years.

For the latest information on the changes to the Tier 2 General category please visit our news section and our UK immigration blog.

Contact us to ensure that this is the correct visa for you.  We can discuss your details and offer advice or prepare the application on your behalf.

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