The Tier 2 route of the points-based immigration system is available to skilled workers who are citizens of countries outside the European Economic Area (EEA) who fulfill certain skill requirements and are in possession of a job offer from a UK employer.
The advantage for companies wanting to employ workers via this route is that skills of new and existing staff members can be transferred to the UK.
How to qualify as Tier 2 employee
There are five categories of skilled workers under Tier 2:
Tier 2 (General)
For persons coming to the UK with a job offer that cannot be filled by a resident worker, as well as for applicants coming to the UK to fill an occupation shortage.
Tier 2 (Minister of Religion)
For persons coming to fill a vacancy as a Minister of Religion, Missionary or member of a religious order.
Tier 2 (Sportsperson)
For elite sportspersons and coaches whose employment will make a significant contribution to sport at the highest level.
Tier 2 Intra-Company Transfer
For employees of multi-national companies who are being transferred to a skilled job in a UK branch of the organisation.
An applicant wanting to come to work in the UK under Tier 2 will need to have obtained a Certificate of Sponsorship and show that they have at least 70 points to qualify under the criteria for this scheme. There are different criteria for the different types of Tier 2 applications.
The points will include points related to the Certificate of Sponsorship, which will be issued to them by the prospective UK employer to fill a qualifying job on the Graduate Occupations list. Two control tests are included as well, namely a maintenance requirement and an English language ability test.
Graduates switching into Tier 2
The Tier 2 (General) is also open to recent graduates with a Bachelor, Master, PhD, PGCE or PGDE from a UK recognised or listed body.
Applicants must have a skilled job offer from a licensed sponsor and be paid at least £20,000 per annum or the minimum appropriate rate for the occupation. The employer will not be required to complete a resident labour market test (advertising the post) and the job will not be subject to the annual Tier 2 limit.
How to qualify as Tier 2 employer
Under Tier 2 an employer first needs a sponsorship licence from the UK Border Agency in order to employ citizens from outside the European Economic Area who require Tier 2 permits. Licensed sponsors apply to the UK Government for a Certificate of Sponsorship to employ a foreign non-EEA citizen under certain specific circumstances. This Certificate of Sponsorship does not guarantee that entry clearance or Further Leave to remain, whichever is applicable, will be issued to the applicant. As a condition of keeping their sponsorship licence, employers will need to alert the UK Home Office if migrants do not comply with their immigration conditions (such as non-appearance). Failure to comply with this requirement could result in the sponsor losing its licence.
Employers will have to apply for a restricted Certificate of Sponsorship (CoS) for each specific post they want to bring someone to the UK for to fill a position which attracts a salary of less than ₤150 000 per annum. These positions are called 'restricted' jobs for which a 'restricted' CoS is required. Within Tier 2 (General), certain CoS required for certain circumstances will be exempt from the limit; these positions are called 'unrestricted' jobs.
Shortage Occupations and the Resident Labour Test
The UK Home Office is advised by the Migration Advisory Committee (MAC) as to which areas of the UK labour market are experiencing shortages. The occupations experiencing shortages of labour are compiled in the Shortage Occupation List. Where an applicant is applying for leave to fill a job from this list, they will not have to earn points for prospective earnings or qualifications.
The implication of an occupation not being on the Shortage Occupation List is that employers are required to advertise the position. Where the employer can demonstrate, after advertising it, that there is no suitably qualified resident or EU citizen candidate available to fill the vacancy a sponsorship certificate can be issued to the non-EU citizen. This is done to protect the domestic labour market.
Spouses and dependants
A Tier 2 permit holder can apply for their spouse, civil partner, unmarried partner and dependant children to join them in the UK.
The dependants will be granted the same period of leave as the main Tier 2 applicant and will be able to work without restriction in the UK.
Length of stay
For applicants who entered Tier 2 on or before 5 April 2011
Tier 2 work permits are granted for an initial period of 3 years and can be extended towards the end of the initial period for a further 2 years. Applicants will be able to apply for further periods of leave in this category.
For applicants who entered Tier 2 on or after 6 April 2011
Leave will be limited to a maximum of six years.
Tier 2 work permits are granted for an initial period of 3 years and can be extended towards the end of the initial period for a further 3 years.
Migrants who do not apply for or obtain settlement must leave the UK on expiry of their leave and wait 12 months before applying to return in Tier 2. This 'cooling off' period of 12-months will apply to any Tier 2 migrant who leaves the UK and applies for entry clearance on or after 6 April 2012, regardless of when their previous leave was granted.
Permanent Residence in the UK
For applicants who entered Tier 2 on or before 5 April 2011
At the end of a successful completion of a five-year period on a Tier 2 permit (excluding Tier 2 Intra-Company Transfers) a Tier 2 permit holder will qualify to apply for permanent residence.
For applicants who entered Tier 2 on or after 6 April 2011
At the end of a successful completion of a five-year period on a Tier 2 permit (excluding Tier 2 Intra-Company Transfers) a Tier 2 permit holder will qualify to apply for permanent residence, provided that the Tier 2 migrant are paid at least £35,000 per annum or the going rate for the relevant occupation, whichever is the higher.
Migrants doing jobs which are on the shortage occupation list will be exempted from the pay threshold rules, but still need to be paid the appropriate rate for their occupation.
"PhD-level' jobs and Ministers of Religion will be exempted from the pay threshold rule, but will have to be paid the appropriate rate for the occupation.
