Tier 2 Work Permits

Tier 2 of the Points Based System or PBS for UK immigration replaces the previous system of work permits as part of the new UK visa structure. Tier t2 work permits are designed for medium and highly skilled workers immigrating to the UK and require applicants to have a confirmed offer of employment with a British company.

With the exception of tier 1 visas, which replace the Highly Skilled Migrant Programme (HSMP) all non-EEA nationals relocating to the UK need to have a sponsor in place and must be in possession of a Certificate of Sponsorship in order to apply for a tier 2 work permit.

As with the previous system of UK work permits, applying for a tier 2 visa is an employer led process with the sponsoring company applying on behalf of the candidate. However, like all tiers of the new system, candidates will be assessed against a points test, in this case with a 50-point minimum pass mark. All applicants will be required to meet this threshold in order to qualify.

Benefits of a Tier 2 Visa

Tier 2 immigration like tier 1, offers the long-term possibility of permanent residency in the UK. Although the tier 2 permit is not in itself a permanent residency visa, candidates living and working in the UK for the minimum residency requirement of five years may be able to apply for indefinite leave to remain in the UK (ILR). Beyond this, a candidate may choose to undergo British Naturalisation as a UK citizen.

Tier 2 Work Permits – For Employers

The Points Based System places greater emphasis on the accountability and responsibility of sponsors in selecting the non-EEA nationals they bring to the UK. Under the tier 2 immigration structure, 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 level sponsorship licence according to the Border and Immigration Agency’s risk assessment. In most cases, successful candidates will be awarded an A rating, however, where employers do not sufficiently fulfil their responsibilities they may be downgraded to a B rating or have their licence revoked altogether.

When issuing a certificate of sponsorship, employers must be able to show that the position is a genuine vacancy with remuneration equal to that which a UK national would receive were they to be employed in the same position.

The role must also be at or above the National Vocation Qualification (NVQ) level 3. For shortage occupations, positions do not have to be advertised in the UK before a sponsor can employ a non-EEA national, however where positions do not appear on the list of shortage occupations, employers must show that they have attempted to fill the role within the UK.

Tier 2 Work Permits – For Employees

Whilst the exact requirements of the Points Based System for tier 2 visas are still to be finalised, the following breakdown shows the anticipated allocation of points. Candidates will be assessed on their qualifications and their prospective earnings.

Qualifications

  • A PhD qualification = 15 points
  • A Master’s Degree = 10 points
  • A Bachelor’s Degree = 10 points
  • An NVQ level 3 qualification = 5 points

Prospective Earnings

  • In Excess of £24,000+ = 20 Points
  • £22,000-2,999 =15 points
  • £20,000-21.999 = 10 points
  • £17,000-19,999 = 5 points

Non-shortage positions are inherently worth 30 points, shortage positions will automatically receive 50 points. Candidates applying for an Intra Company Transfer (ICT) will also receive 50 points.

Changing Employment on Tier 2 Visas.

Tier 2 immigration permit candidates can change their job whilst in the UK, however the process of obtaining a Certificate of Sponsorship must be repeated and a candidate must be reassessed against the points test.

Intra-Corporate Transfers

Applying for an ICT under tier 2 allows a candidate to transfer from an overseas branch of a UK firm to work on a specific project. Unlike the previous ICT system, tier 2 places greater emphasis upon the employer demonstrating that the salary is appropriate for the position and that no UK resident worker can fill the position.

Spouse and Dependent Immigration

As outlined above, a tier 2 immigration visa for the UK may lead to permanent settlement in the UK if the candidate continues living and working in the UK for five years.

Since visas of this kind may lead to indefinite leave to remain, tier 2 makes provision for the spouse, common law, civil or unmarried partner of the applicant and any dependent children to move to the UK at the same time. Any such dependents would be granted the same period of leave as the main tier 2 visa applicant. As dependents they will be able to seek employment in the UK.

How Global Visas Can Help

Global Visas provide a complete range of UK immigration and visa services under the new points based system and as the system is rolled out in the UK, we will be fully equipped to help you obtain the right visa for your needs.

We help thousands of individuals and businesses to obtain UK visas and immigrate to destinations across the globe every year and we operate on a flat fee structure taking the stress out of obtaining your visa.

For businesses, we provide full immigration compliance services helping you to fulfil your sponsorship responsibilities and maintain your A rating.

If you would like to know more about coming to the UK on a tier 2 work permit, or you need to apply for a sponsorship licence call Global Visas today.