Work permits (sponsorship by an employer) — Tier 2
Tier 2 visas are for people with a job offer from an employer. It replaces the work permit scheme from November 27, 2008.
Applicants will need to accrue 70 points, based on:
- Qualifications
- Prospective wage
- English-speaking ability
- Having £800 in the bank.
Other new requirements
- Employers need a licence from the UK Border Agency to sponsor workers
- All jobs that aren't on the shortage occupation list will need to be advertised so UK/EU workers can have a crack first
- Jobs must be at a level that requires a degree or higher national diploma, or at least three years' management/specialist experience.
- There will be increased scrutiny on applications for sponsorship, to ensure both the worker and their job are legitimate.
Tier 2 Q&A
Answers by Shahram Taghavi, barrister and head of the immigration department at Simons Muirhead & Burton
What is Tier 2 (General) of the Points Based System?
Tier 2 (General) is the category of the Points-Based System that replaces the work permit scheme. The category is for skilled workers with a job offer who are coming to the UK to fill gaps in the UK labour force that cannot be filled by the resident workforce. The relevant job must be at S/NVQ level 3 or above, and the migrant must earn a salary appropriate for the job in the UK.
When is Tier 2 (General) replacing the work permit scheme?
November 27, 2008.
What is the main difference between Tier 2 (General) and Tier 1 (General)?
Unlike Tier 1 (General), which is aimed at highly skilled individuals, Tier 2 (General) applicants must be sponsored by a UK employer. You can only enter the UK under Tier 2 (General) if your employer has registered as a sponsor with the UK Border Agency (UKBA) and issues you with a Certificate of Sponsorship. You can only be granted a Tier 2 (General) visa if you have been issued with a Certificate of Sponsorship.
How many points do I have to score to become eligible for a Tier 2 (General) visa?
You must score a total of at least 70 points: 50 points for attributes, coupled with 10 points for English language and 10 points for maintenance.
What are the Tier 2 (General) attributes?
The attributes are split into three categories: sponsorship, academic qualifications and prospective earnings.
How much does it cost to apply?
£265
How are points allocated under the sponsorship attributes category?
You will receive 50 points if the proposed job is on the Migration Advisory Committee’s Shortage Occupation List, 30 points if the proposed job has passed the Resident Labour Market Test (ie your employer has advertised the position and there are no suitable resident workers to fill the position), and 30 points if the position is an intra-company transfer.
What are the shortage occupations?
The Migration Advisory Committee has published a list of shortage occupations and will keep the list under regular review. Any positions on the list will not only mean you will automatically gain 50 points but it will also mean your employer does not need to carry out the resident labour market test.
Who else will an employer not have to carry out a resident labour market test for?
Intra-company transfers (ie transfers of employees by multinational companies to a skilled post in a UK-based branch of the company) and Tier 1 (Post-Study Work) visa holders who have been working for the employer for at least six months.
How are points allocated under the academic qualifications attributes category?
You will receive 15 points if you have a PhD, 10 points if you have a Bachelor’s or Master’s degree and 5 points if you have an appropriate sub degree level qualification.
How are points allocated under the prospective earnings attributes category?
You will receive 5 points if your salary will be between £17,000 and £19,999, 10 points if it will be between £20,000 and £21,999, 15 points if it will be between £22,000 and £23,999 and 20 points of it will be £24,000 or more.
How can I find out if I am eligible for a Tier 2 (General) Visa?
You should visit the UKBA’s website and enter your details into their points-based calculator, though this calculator does not guarantee that an application will be successful.
Will I be able to claim benefits if I am granted a Tier 2 (General) visa?
No. Doing so would be a breach of your visa conditions.
How many points are granted for qualifications?
The points granted for a PhD, a Master’s degree and a Bachelor’s degree are 50, 35 and 30 respectively. You can only rely on one qualification in your application.
Are all PhD, Master’s degrees and Bachelor’s degrees acceptable?
No. As a starting point you should check the UKBA’s points-based calculator to see if your qualification meets the required standard. If your qualification does not appear on the calculator you will need to contact the National Academic Recognition Information Centre for the UK (UK NARIC) for a letter and/or a confirmation certificate.
What is accepted as earnings?
'Earnings' includes your salary plus allowances, such as London weighting. It does not include other benefits, such as overtime, bonus or incentive pay, travel or subsistence.
Can I gain any points based on my age?
No. Unlike Tier 1 (General), no points are gained on the grounds of age.
How can I meet the English language requirement?
There are three ways in which you can gain the mandatory 10 points for the English language requirement. If you are a national of a majority English-speaking country (which includes Australia and New Zealand but does not include South Africa) you automatically receive the 10 points. Otherwise you have to either pass an English language test specified by the UKBA, or hold a degree that was taught in English and is equivalent to a UK Bachelor’s degree or above.
What are the maintenance requirements under the Tier 2 (General) visa?
To gain the mandatory 10 points for maintenance you must show that they have enough money to support yourself. It appears that, irrespective of whether you are applying from within the UK or from outside of the UK, you have to show that you have at least £800 of personal savings in your account and that those funds have been present in your account for at least three months before the date of your application. You will automatically be awarded the 10 points without the need to provide evidence if, amongst other things, you are currently on a work permit.
Can I appeal if I am refused a Tier 2 (General) visa?
There is no general right of appeal against refusal of a Tier 2 (General) visa if you are applying from abroad. Any right of appeal is limited to issues relating to human rights and race discrimination, which are generally very difficult to succeed on. However, you do a right to apply for an administrative review of the decision. This is an internal review of the decision by a person other than the original decision-maker. Such reviews are free of charge, are limited to one per refusal decision and have to be made within 28 days of the decision. No new documentary evidence can be submitted during a review.