Tier 2 visas – Skilled Workers with an offer of Employment |
| The second tier of the new points based UK immigration service replaces UK work permits and applies to medium and highly skilled workers wishing to immigrate to the UK who have an offer from a UK sponsoring company in place.
As is the case for tier 3 visas, tier 4 visas and tier 5 visas, applying for a UK visa for immigration under tier two will require each candidate to obtain a certificate of sponsorship, in this case from the sponsoring company, as part of their application. Like the existing UK work permit visa system, tier visa applications at this level are an employer led process and the company in question will need to fulfill certain responsibilities. However, this visa service also has elements in common with the first tier and the outgoing Highly Skilled migrant Programme or HSMP in that a points threshold, in this case 50 points must be met on a skills assessment and a level of proficiency in the English language will be required. |
| As a specialist UK immigration consultancy, we can provide a full UK visa service for all five tiers of the new system. We can help you to establish which tier visa service is the most appropriate for your needs and our immigration consultants can assist you at every stage. We can offer immigration lawyer advice on your initial application and can help you adjust to living and working in the UK through a range of on arrival services. |
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| Benefits: |
| Like tier 1 visas, a tier 2 visa application is a potential route for settlement in the United Kingdom and as with the current system of UK work permits, applicants may become eligible to apply for Indefinite Leave to Remain in the UK (ILR) or permanent residence after five years in Britain . Beyond this, subject to meeting the requirements for British Naturalization, a candidate may be able to naturalize as a British citizen. |
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| Eligibility: |
| Details of the points system are yet to be confirmed but the table below outlines the likely structure of the assessment criteria. |
| Qualifications: |
1. Candidates possessing a PhD = 15 points
2. Candidates possessing a Masters Degree = 10 points
3. Candidates possessing a Bachelors Degree = 10 points
4. Candidates possessing an NVQ3 = 5 points |
| Prospective earnings: |
1. £21,000 + = 20 points
2. £19,500-21,000 = 15 points
3. £18,000-19,500 = 10 points
4. £15,000-18,000 = 5 points |
| (Job offers for positions identified as being in shortage sectors by the Skills Advisory Body [SAB] are worth 50 points) |
(ICT candidates [see below] automatically receive 50 points).
(Non-shortage positions, which pass the Resident Labour Market Test, are worth 30 points). |
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| Employer Responsibilities: |
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Employers recruiting candidates through the five tier immigration service must provide a sponsorship certificate detailing the job title and demonstrating that the salary offered is appropriate for such a position and that the role is at or above NVQ3. The certificate acts as confirmation that a candidate has the intention and necessary skills to fill the specified position.
In circumstances where a position being offered is not a shortage occupation, the employer will be required to show that they have attempted without success to fill the role from the domestic workforce through appropriate advertising. |
| In circumstances where a candidate wishes to change employment, a new certificate of sponsorship must be obtained and a re-assessment against the points system will be required. Like the existing working permit service, a UK visa application under the second tier does not grant permission to live and work in the United Kingdom per se and a new certificate will be required for each change of employment. |
| The points system is designed to allow a wider variety of candidates to reach the threshold based upon performance in the different areas of assessment. Whilst an older candidate may lose points in terms of age, the balance may be recouped through points amassed for their previous earnings. Alternatively, a younger candidate without an established career may not yet command high earnings but may be able to reach the threshold based upon qualifications and age |
| The new system aims, like similar models in Australia and Canada to allow migrants and employers to benefit from a system which considers potential earnings rather than past earnings alone. In addition to the points system outlined above, candidates will also be required to be proficient in the English Language |
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| Intra-Corporate Transfers |
The current system of ICT’s will also be catered for by second tier visas. The current system allows British companies to transfer staff from overseas branches to work on specific projects. This provision for recruitment will continue however, under the new Intra-company transfer system, an ICT will depend more upon the responsibility of the employer to show that a position could not be filled from within the domestic workforce and that the salary is appropriate, than demonstrating a candidate’s company specific knowledge and history of employment with the firm |
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| Additional Information: |
| Since the second of the tier immigration services may be regarded as a route to potential settlement, family immigration is permitted for your wife, husband, civil partner, unmarried partner and/or dependent children. Spouse immigration and dependency immigration operate along similar lines to the current Dependency Visa. However, the marriage visa, unmarried partner visa and fiance visa categories will remain distinct from the new visas for points based immigration. |
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