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 fulfil certain skill requirements and are in possession of a job offer from a UK employer..

The main advantage of this immigration route for individuals is that it can lead to permanent residence in the UK for the Tier 2 permit holder and their dependants (excluding those on the Tier 2 Intra-Company permit). 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.

Please however note the proposal from the Government at the bottom of this pageabout changes to this situation in the near future.

How to qualify as Tier 2 employee

There are four 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.

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

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.

Permanent Residence in the UK

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.

It should be noted however that on the 9th of June the UK Government set out Proposals for breaking the link between temporary and permanent migration. The key proposals under consideration in this public consultation include;

• Making the Tier 2 (skilled worker) route a temporary route, which would mean that permanent settlement will not be available for those who enter on this route.
• Allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or those holding occupations of a specific economic or social value to the UK, to retain an automatic route to settlement.
• Creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement.
• Allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time.
• Introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement.

It is important to note however that the above are only proposals. At this stage it will thus not affect any current or prospective Tier 2 applicants. We do however recommend that persons wanting to apply for this route do so sooner rather than later should the proposals take force after consultation.