Tier 2 - Introduction

The Points-Based System (PBS) was introduced in November 2008 to streamline the immigration system and replaced over 80 existing routes to work and study in the United Kingdom with five tiers. The system was designed to enable British businesses to recruit the skills they needed from abroad while providing assurances to the British public that migrants may only be sponsored to fill particular jobs that cannot be filled by settled workers.

Following the introduction of the Tier 2 interim cap in July 2010 the ability of UK based companies to recruit from outside of the resident workforce was restricted, with a monthly cap applied to the allocation of Certificates of Sponsorship.

On 6th April 2011 the 'permanent cap' was brought into force, introducing sweeping changes to the requirements of the Tier 2 Skilled Worker route and the processes required to secure the appropriate clearance for employers to recruit and employ overseas migrants.

Under the new regulations Tier 2 has been divided into four categories:

• General – applicable where it has not been possible to fill the vacancy for a skilled position of employment from the resident workforce. This category also includes those positions listed on the shortage occupation list at the time of application.
• Intra-Company Transfer – available to existing employees of multi-national companies being transferred to the UK based branch of the same organization on a long term basis or for short visits. There are four sub-categories:

• Long Term Staff – available to established employees with 12 months or more previous employment with the multi-national company being transferred to the UK for more than 12 months.
• Short Term Staff – available to an existing employee with 12 months or more previous employment with the multi-national company being transferred to the UK for 12 months or less
• Graduate Trainee – designed for recent graduates with three months or more previous experience with the multi-national company transferring to the UK branch as part of a structured graduate training programme.
• Skills Transfer – for new employees of multi-national companies where they are being transferred to the UK branch in a graduate occupation to gain an understanding of the business

• Sportsperson – available to elite sportspersons and coaches with the skills and experience to make a significant contribution to the development of the sport at the highest level.
• Ministers of Religion – to enable Ministers to undertake preaching or pastoral work, or a Missionary or Member of a Religious Order taking up employment within their faith community in the UK.
  
  
  

Tier 2 – Eligibility

In order to qualify for permission to work in the UK under Tier 2 applicants must first secure a job offer and a Certificate of Sponsorship from a UK company holding a valid sponsor licence.

Applicants are required to score a minimum of 70 points, allocated as follows:

Attributes – 50 points available based on the award of a Certificate of Sponsorship and prospective salary package; and

English Language Skills – 10 points; and Maintenance (funds) – 10 points

However the UK Border Agency also considers each case under the General Grounds criteria and reserves the right to refuse the application.

Tier 2 – Switching

Applicants are permitted to switch into Tier 2 from a range of categories. Specific requirements for switching apply to those applicants wishing to switch from the Tier 4 or Student category.

Definitive Immigration Services' team of experienced UK immigration experts provide comprehensive free assessments of the viability of a Tier 2 application under the four main categories listed above. Case specific advice and details of the process to secure permission to reside and work in the UK will be provided.

Call our specialist team of experienced UK Immigration Consultants on 0870 240 7825 to discuss the application or email enquiries to info@definitive-is.com. Alternatively email your name, contact number and a convenient time to call and we will phone you!

Definitive offers a free assessment, thereafter details of all applicable fees and Home Office charges will be provided once eligibility for Tier 2 has been established.