Tier 2 Work Permits
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 two 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 Two Visa
Tier two immigration like tier 1, offers the long-term possibility of permanent residency in the UK. Although the tier two 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 two 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 £21,000 – 20 Points
- £19,500-21,000 -15 points
- £18,000-19,500 - 10 points
- £15,000-18,000 - 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 Two Visas.
Tier two immigration permits candidates to 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 two 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 two 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; however, their UK immigration status would be that of a dependent and in order to work in the UK they would need to secure a work permit in their own right.
How Worldwide 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 two work permit, or you need to apply for a sponsorship licence call Worldwide Visas today.