Tier 2 of the Points Based System or PBS for UK immigration replaces the previous system of work permits as part of the new UK visa structure. Tier 2 work permits are designed for medium and highly skilled workers immigrating to the UK and require applicants to have a confirmed offer of employment with a British company.
With the exception of tier 1 visas, which replace the Highly Skilled Migrant Programme (HSMP) all non-EEA nationals relocating to the UK need to have a sponsor in place and must be in possession of a Certificate of Sponsorship in order to apply for a tier 2 work permit.
As with the previous system of UK work permits, applying for a tier 2 visa is an employer led process with the sponsoring company applying on behalf of the candidate. However, like all tiers of the new system, candidates will be assessed against a points test, in this case with a 50-point minimum qualifying criteria. All applicants will be required to meet this threshold in order to qualify.
Tier 2 immigration like tier 1, offers the long-term possibility of permanent residency in the UK. Although the tier 2 permit is not in itself a permanent residency visa, candidates living and working in the UK for the minimum residency requirement of five years may be able to apply for indefinite leave to remain in the UK (ILR). Beyond this, a candidate may choose to undergo British Naturalisation as a UK citizen.
The Points Based System places greater emphasis on the accountability and responsibility of sponsors in selecting the non-EEA nationals they bring to the UK. Under the tier 2 immigration structure, employers are responsible for ensuring that candidates are eligible and suitable to fill the positions being offered and as an organisation, they may be subjected to immigration compliance checks with or without prior notice. Employers will be awarded either an A or B level sponsorship license according to the Border and Immigration Agency’s risk assessment. In most cases, successful candidates will be awarded an A rating, however, where employers do not sufficiently fulfill their responsibilities they may be downgraded to a B rating or have their license revoked altogether.
When issuing a certificate of sponsorship, employers must be able to show that the position is a genuine vacancy with remuneration equal to that which a UK national would receive were they to be employed in the same position.
The role must also be at or above the National Vocation Qualification (NVQ) level 3. For shortage occupations, positions do not have to be advertised in the UK before a sponsor can employ a non-EEA national, however where positions do not appear on the list of shortage occupations, employers must show that they have attempted to fill the role within the UK.
The following breakdown shows the allocation of points for various attributes Candidates will be assessed on their qualifications / their future expected earnings/ Sponsorship/ English Language skills/ Available Maintenance funds and Occupations in Shortage list.
Qualifications
- A PhD qualification = 15 points
- A Master’s Degree = 10 points
- A Bachelor’s Degree = 10 points
- An NVQ level 3 qualification = 5 points
Prospective Earnings
- In Excess of £24,000+ = 20 Points
- £22,000-2,999 =15 points
- £20,000-21.999 = 10 points
- £17,000-19,999 = 5 points
In order to qualify for a PBS Tier 2 category the applicant must have a Sponsor
A sponsor is United Kingdom based organization that wishes to employ the applicant in the U.K. An employer will need to be registered as a licensed sponsor. Find more information on sponsors at this website:
http:// www.ukba.homeoffice.gov.uk/employers/. The applicant would need a Certificate of Sponsorship from the sponsor before applying for tier 2 visa. An applicant can score 30 points if his employer has provided this information.
If the applicant is from a non - native English speaking country he must have taken one of the approved English language test or prove that he / she holds a degree taught in English that is equivalent to the United Kingdom bachelors degree and above.
The primary applicant needs to demonstrate that they hold maintenance funds to the tune of GBP 800/- in their savings account for a minimum period of 3 months
Or
Written confirmation from A rated sponsors that the sponsor will maintain and accommodate the applicant until the end of the first month of their work in the United Kingdom.
If applying for spouse and dependants, an additional amount equivalent of GBP 533/- for each dependant is needed.
Non-shortage positions are inherently worth 30 points, shortage positions will automatically receive 50 points. Candidates applying for an Intra Company Transfer (ICT) will also receive 50 points. Please check this website for occupations / designations in the current shortage list
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist
Tier 2 immigration permit candidates can change their job whilst in the UK, however the process of obtaining a Certificate of Sponsorship must be repeated and a candidate must be reassessed against the points test.
Applying for an ICT under tier 2 allows a candidate to transfer from an overseas branch of a UK firm to work on a specific project. Unlike the previous ICT system, tier 2 places greater emphasis upon the employer demonstrating that the salary is appropriate for the position and that no UK resident worker can fill the position.
As outlined above, a tier 2 immigration visa for the UK may lead to permanent settlement in the UK if the candidate continues living and working in the UK for five years. Since visas of this kind may lead to indefinite leave to remain, tier 2 makes provision for the spouse, common law, civil or unmarried partner of the applicant and any dependent children under 18 of age to move to the UK at the same time. Any such dependents would be granted the same period of leave as the main tier 2 visa applicant. As dependents they will be able to study or seek employment as the case may be, in the UK.
Our highly detailed oriented and legal approach, along with our fabulous track record and expertise in U.K Immigration matters puts us in good stead to provide top notch services for our clients, and secure visas for them at first shot in most cases. We are highly competent to handle rejected, re-application and Administrative Review cases as well.
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