Tier 2: Major Changes to PBS Tier 2 General & ICT visas

The UK Border Agency has announced major changes to Tier 2 of the Points Based System effective from 6 April 2010. There are no changes in the Tier 2 Ministers of Religion or Tier 2 Sportsperson categories. The changes will only affect Tier 2 Intra-Company Transfers and Tier 2 General. The changes are significant, with the major points highlighted below.

Tier 2 enables employers to hire nationals from outside the resident workforce to fill particular jobs that cannot be filled by settled workers. The employer needs to have a Sponsorship Licence in order to issue a Certificate of Sponsorship to the employee.

The following table summarises the new points break-up which will become effective from 6 April 2010.

1 Only applies to Tier 2 General.
2 Only applies to Tier 2 Intra-Company Transfers.
3 Does not apply to Tier 2 Intra-Company Transfer employees who will be assigned to a UK post for less than three years.

The primary changes announced today are as follows:

Tier 2 Intra Company Transfer (ICT)

This category allows companies to transfer overseas staff to a UK branch of the company. The attribute points for the ICT arrangement have changed from 30 to 25 points. From 6 April 2010 ICT will be split into the following three sub-categories, with differing eligibility criteria for each:

1. Established staff with a minimum of 12 months experience (previously six months) in the company who have specific knowledge that cannot be found in the UK.
2. Graduate Trainee for new graduates with a minimum of three months experience with the company to come to the UK for up to 12 months.
3. Skills Transfer for new employees with no previous company experience who are coming to the UK to acquire skills incidental to their job outside the UK, for up to six months.

Please note that the ICT changes listed above will only apply to new applications.

Tier 2 General

Initial Applications

From 6 April 2010 employees within the Tier 2 category will be assessed on the basis of the table above. The points for earnings have effectively increased the salary criteria. All employees applying in non-shortage occupations from 6 April 2010 will need prospective earnings of at least £20,000 in order to qualify for Tier 2.

Points for the qualifications and attributes in this category remain unchanged.

Extension applications

There will be no test for previous earnings for the time that an employee has been in the UK. All extensions will be awarded 50 points instead of 30 points.

Changes of Employment

From 6 April 2010 the UK Border Agency will no longer require a new application if an employee’s salary is increased with the same employer as long as the job remains within the same Standard Occupational Code (SOC). A simple notification to inform the UK Border Agency will suffice.