Statement of Intent: Tier 2 Skilled Workers

The Statement of Intent for Tier 2 of the Points Based System has been released by the UK Border Agency. Tier 2 is aimed at employers who wish to recruit skilled migrants in the UK.

Due to replace the UK Work Permit scheme in 2008, Tier 2 will allow UK employers to recuit foreign nationals when a position cannot be filled by a British worker, or an EU worker.

The Statement of Intent outlines the principles of Tier 2. Employers will need to apply to the UK Border Agency to obtain a Sponsorship Licence. Before issuing a Sponsorship Licence, the UK Border Agency must be satisfied that the employer is both willing and capable of complying with the Tier 2 rules. Employers need to have procedures in place to ensure that the UK Border Agency is notified when an employee is not complying with their immigration conditions.

Once a Sponsorship Licence is issued to an employer, the employer will then be able to pass on a Certificate of Sponsorship to candidates. The foreign national may then use their Certificate of Sponsorship to apply for entry clearance to the UK as a skilled migrant.

Foreign nationals also need to obtain an Identity Card.

On application for a Tier 2 visa, skilled migrants will need to pass a points based test. Points will be awarded for qualifications, projected earnings, an applicant’s ability to maintain themselves without public funds until they receive a salary, and for English language competence.

The maintenance requirement will be higher for applicants who wish to bring their dependants to the UK.

Competency in English can be demonstrated by passing an English test, coming from an English speaking country or having completed a degree at any level that was taught in English.

Successful Tier 2 applicants will be granted a visa for a period of up to three years. An employer will not need to complete a Resident Labour Market Test for Tier 2 visa extension applications.

The primary categories that employers will utilise to sponsor skilled migrants under tier 2 are:

• Shortage occupations. Skilled occupations with a shortage of available skilled workers in the UK.

• Positions that cannot be filled by resident workers. Employers who demonstrate a vacancy has been advertised without securing a suitable British worker or EU worker may employ a skilled migrant. Attempting but failing to recruit a resident worker is referred to as the Resident Labour Market test.

The three paths to working in the UK on a Tier 2 visa are through initially entering the UK on a Tier 2 visa, extending a Tier 2 visa from within the UK, or switching into Tier 2 while in the UK on a different type of visa, such as a UK Work Permit.

Transitional arrangements will allow UK Work Permit holders to bypass Tier 2 requirements relating to qualifications, prospective earnings and English language competence if they need to extend their visa. These arrangements will not apply to Work Permit holders changing employers.

If you require assistance from Mulberry Finch’s Tier 2 Skilled Workers Immigration team, contact us now.

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