Under the Tier 2 General category candidates will be assessed against the following criteria:

• Prospective UK earnings – points will be awarded according to the amount the prospective candidate will be paid by the sponsoring employer.
• Level of the job on offer – all positions under the Tier 2 scheme must be at a graduate level. Roles at PhD level as well as those on the Shortage Occupation List will be awarded higher points than those relying on the Resident Labour Market Test.
• English language requirement – Applicants may be required to pass a test assessing their English skills, depending on their country of origin or a qualification held.
• Maintenance requirement

The initial leave to enter/remain under the Tier 2 visa category can be granted for up to 5 years with the option of further extension up to a total of 6 years.

Migrants wishing to extend their visa in the UK with the same sponsor must meet the requirements similar to those for the initial entry such as:

• the migrant has been assigned COS for the same role; and
• the job continues to be at the appropriate skill level; and
• the migrant’s salary is at the appropriate level.

If the migrant if changing jobs whilst continuing to work with the same sponsor and the new position is in a different SOC code it will be necessary to submit an application and satisfy the RMLT requirement unless the job falls under the exempt category.

In order for the migrant to change employers, he/she will have to make a new application under the Tier 2 General category and gain the approval of the UKVI before commencing employment with the new sponsor.

Leave to enter/remain as a Tier 2 holder may lead to settlement upon completion of 5 years in the UK subject to meeting the relevant requirements. Tier 2 migrants are allowed absences of no more than 180 days per year over the 5 years period, including business trips and holidays.

Requirements under the Tier 2 Intra Company Transfer

• Long Term Staff category is available to existing employees who wish to come to the UK under Tier 2 (ICT) for a period up to 5 years or 9 years for high earners (the latter for those employees whose salary is above £120,000 per annum). The job must be at a graduate level or above with a minimum salary of £41,500 per annum for those that have been employed by the overseas sponsor for at least 12 months or £73,900 for those with shorter period of overseas employment.
• Graduate Trainee- this category is specifically designed to allow organisations to transfer recent graduate recruits to the UK for training for any period up to a maximum of 12 months. This route must not be used to fill- in long term posts. A migrant in the Tier 2 ICT Graduate Trainee subcategory must be coming to the UK as part of a structured graduate training programme with progression towards a managerial or specialist role within the organisation.