Statement of Intent: Tier 2 Skilled Workers

11 May 2008

The Home Office UK Border Agency has revealed its statement of intent for Tier 2 of the new points-based system. Tier 2 is aimed at employers and skilled workers. It is due to be implemented in autumn 2008. Tier 2 will allow UK employers to recruit individuals from outside the European Economic Area (EEA) where a particular skilled job cannot be filled by a British or EEA worker.

Employers will be required to obtain a sponsorship licence before they can utilise Tier 2. The licencing process allows the UK Border Agency to check that the employer is genuine. A certificate of sponsorship does not guarantee Entry Clearance. Once the employer issues a certificate of sponsorship to the employee, an application for Entry Clearance can be made. Skilled migrants will then also be required to obtain a biometric identity card. Further down the line, employers will be required to notify the UK Border Agency if migrants do not comply with their immigration conditions.

Employers will be able to sponsor skilled workers in the following categories:

• Shortage occupations. The Migration Advisory Committee (MAC) will identify skilled occupations where there is a shortage in the UK.

• Jobs that have passed the resident labour market test. Employers who can demonstrate that they have advertised the vacancy and have been unable to fill it from the resident labour market will be allowed to employ the foreign skilled migrant.

• Intra-company transfers (ICTs). Employees who have been working for a company overseas can transfer to work in the UK. The employee must have been working for the sponsoring company for at least six months. Furthermore, the employee must earn a salary or remunerative package in the UK appropriate for the job on offer.

Skilled migrants will be required to obtain Entry Clearance before coming to the UK. Skilled migrants will be subject to a points-based test. To qualify under Tier 2 points will be awarded for the certificate of sponsorship, qualifications and prospective earnings, maintenance ability and for English language ability.

The maintenance test requires that applicants have funds to demonstrate that they can support themselves from the point at which they arrive in the UK until they receive their first salary. Where applicants are bringing dependants, additional funds are required for each dependant.

Competency in English can be proved by, passing the test in English equivalent to the appropriate level, coming from a majority English-speaking country or having taken a degree taught in English.

There will be three ways of applying for Tier 2:

• entering the UK under Tier 2,
• extending a stay in the UK under Tier 2, or
• switching into Tier 2 while in the UK.

Successful applicants entering the UK will be granted leave for an initial period of up to three years. Extensions of stay applications will not be subject to the resident labour market test.

Transitional arrangements are to be implemented for those in the UK under the existing work-permit scheme. Existing work-permit holders requiring an extension will not have to meet the Tier 2 requirements relating to qualifications, prospective earnings and language requirements. Where existing work-permit holders seek a change of employment after Tier 2 is introduced, they will need to apply under Tier 2 and meet the full criteria, including the attributes test.

If you require assistance from fastUKpermit's Tier 2 Skilled Workers Immigration team, contact us now.

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