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Tier 2 - General — How to Get a Work Permit As a Skilled Worker in the UK
Tier 2 (General) is broadly equivalent to the current work permit scheme i.e. skilled workers with a job offer. Under the recently introduced five tier managed migration plan an applicant must achieve a certain number of points but must also have a job offer from a UK employer who will sponsor the application (Certificate of Sponsorship).
Sponsoring Employer
If an employer wishes to recruit a migrant under tiers 2, 4 or tier 5 they will have to apply for a sponsor licence online and send in payment and documents in support of their application. Employers can currently apply for licences to sponsor tier 2 workers.
Under tiers 2, the sponsor will need to be a UK-based employer. The sponsor must have good human resource systems and compliance in place to allow them to monitor and keep records of the migrants they employ or teach.
As a licensed employer, you will be given an A rating or a B rating and you will be added to a published register of sponsors. Sponsors that the Home Office thinks could be a risk to immigration control or those who they consider do not have the correct systems in place will be given a B rating. B-rated sponsors must follow a sponsorship action plan designed to help them become A-rated or they risk losing their licence.
Sponsorship duties
Licensed sponsors are held fully responsible for the actions of any migrant they employ and teach. They must ensure migrants comply with their immigration conditions, by keeping records on each migrant. If a sponsor does not comply with their duties, they can have their licence downgraded to a B rating or withdrawn.
Certificates of sponsorship
Licensed sponsors are responsible for issuing certificates of sponsorship to migrants. As well as having a certificate of sponsorship, migrants must also pass a points-based assessment to come to or stay in the United Kingdom (see below).
Applicant
To be eligible to apply to come to the United Kingdom under Tier 2, skilled workers will need to have a job offer, a certificate of sponsorship from one of the licensed sponsors, and to have scored enough points to apply.
As well as scoring a certain number of points, an applicant will either need to be applying for a shortage occupation (defined by a new Skills Advisory Body) or will need to pass a 'resident labour' test and demonstrate that resident labour is not being displaced. Migrants will need permission to come to the United Kingdom (known as 'entry clearance') and a biometric identity card before entering the United Kingdom.
Points assessment
You will need to score a pass mark of 70 points from the three sets of criteria: Attributes, Maintenance and English language skills.
1. Attributes
The applicant must score at least 50 points in three categories, namely: sponsorship, qualifications; and prospective earnings.
Sponsorship
A potential employer will only issue a certificate of sponsorship if you are filling a vacancy that requires a worker with skills at NVQ level 3 or above and will comply with the conditions of your permission to stay and leave the United Kingdom when your leave expires.
A certificate of sponsorship for a job on a shortage occupation list you will be awarded 50 points and a certificate of sponsorship for a job not covered by the shortage occupation list, but having passed the resident labour market test, will be awarded 30 points.
Qualifications
An applicant can score up to 15 points for their qualifications. Points will only be awarded points for the highest level qualification that you hold and will be awarded in the following way:
| Qualifications | Points awarded |
|---|---|
| No qualifications | 0 |
| NVQ level 3 | 5 |
| Bachelors or Masters | 10 |
| PhD | 15 |
Prospective earnings
An applicant can score up to 20 points for their prospective earnings. Points will be awarded in the following way:
| Prospective earning (£) | Points awarded |
|---|---|
| 17,000 - 19,999 | 5 |
| 20,000 - 21,999 | 10 |
| 22,000 - 23,999 | 15 |
| 24,000 + | 20 |
2. Maintenance
The applicant must score 10 points in this category by showing that they are able to support themselves while they are in the United Kingdom. To score these points you will need to show that you have £800 in savings that you will be able to use while in the United Kingdom. If you intend to bring dependants you will need to show you have a further £533 for each dependant.
3. English language skills
This is a mandatory requirement and the applicant must score 10 points in this category by showing that they are able to speak English to a basic standard. This will include an ability to understand and use familiar everyday expressions, basic phrases and be able to introduce themselves and others, and be able to answer basic personal questions about themselves.
You will need to show that you are competent in the English language by passing a test in English equivalent to the appropriate level, coming from a majority English speaking country; or having taken a degree taught in English (verified using national academic recognition information centre data).
Special provision for intra-company transfers
If you are already working for a company in another country and they are transferring you a post in the United Kingdom, you will need to a branch of the same company in this country; you can apply under the intra- company transfer category under Tier 2 (skilled worker). You will need to have worked overseas for the sponsoring organisation for at least six months and when you are in the United Kingdom you will earn a salary (including specific permitted allowances) appropriate for that job in the United Kingdom. The job must be at national vocation qualification level 3 (NVQ3) or above.
Applying
In November 2008 an applicant can apply for a Tier 2 visa by:
- Obtaining an Entry Clearance for a Tier 2 visa (see Entry Clearance section); or
- Switching to Tier 2 while in the UK (see Switching below).
If your application is successful you will be granted leave to enter or remain in the United Kingdom for the duration of your post. This can be for up to three years. You will also be able to apply for entry clearance for your dependants to accompany you to the United Kingdom. Dependants are your husband, wife, civil partner or unmarried partner and any children under 18 who are financially dependant upon you.
Extension
The extension test will be similar to the initial entry test, which will include the certificate of sponsorship and points' assessment. However, there will be no need to provide further evidence of maintenance as you will have been working in the United Kingdom and receiving the appropriate pay for that job. You will also score points for English language ability, as this will have been established when you initially applied under Tier 2 - skilled worker.
Settlement
Time spent in Tier 2 will count towards the period you need to be in the United Kingdom before you are eligible for settlement. You must complete a continuous period of five years in the United Kingdom before you can apply for settlement, otherwise known as indefinite leave to remain, and you must meet all the requirements of the immigration rules before you are eligible to apply.
Switching
You will only be able to switch into Tier 2 (General), if you meet the initial entry requirements for this category. If you are in the United Kingdom you can switch from all Tier 1 (highly skilled) sub-categories into Tier 2 (General) and from Tier 2 (sports people) into Tier 2 (General).
Transitional Arrangements
If you are a work permit holder and you have existing leave to enter or stay granted under the current work permit arrangements, you will be able to extend your leave under Tier 2 (General) as long as you meet the Tier 2 (General) eligibility criteria. Similarly, if you are an existing work permit holder and you wish to change employment after Tier 2 comes into force, you will need to apply under the points-based system and meet the full eligibility criteria for Tier 2 - general. Should your work permit leave expire before Tier 2 comes into force, you will be able to seek an extension of stay under the current work permit arrangements in the normal way.
Appeal
There are no appeal rights to the Asylum and Immigration Tribunal. However there is the opportunity for Administrative Review whereby applicants can have the refusal decision rechecked if they believe an error was made. This is an entitlement provided the applicant applies within 28 days.
