TIER 2 General (Work Permit)
There are four categories of Skilled Worker applicants who will require a sponsorship certificate from their sponsors in order to make a visa applications in line with the certificate:-
TIER 2 (General)
TIER 2 (Minister of Religion)
TIER 2 (Sportsperson)
TIER 2 (Intra-Company Transfer)
Tier 2 (General)
There is an annual limit of 20,700 on the number of Certificates of Sponsorship available under Tier 2 (General) for out-of-country applicants. This amount will remain unchanged until April 2014. The limit does not apply to applicants with a proposed salary of £150000 p/a and more.
The applicants are required to score at least 70 points in total to successfully apply for the required visa and they can claim the following points under the heads of Attributes, English Language and Maintenance:-
A Scoring Sections
I Attributes
Initial Applications
The applicant has to score 50 points under this section that can be claimed in a combination of following three sections:
Any one of the following will earn 30 points: job has an annual salary of £150,000 or more; sponsor has completed a resident labour market test; job is on the shortage occupation list; switching from the International Graduate Scheme, Fresh Talent: Working in Scotland Scheme or Post-Study Work category, having worked for the same employer for 6 months at the same position
Appropriate salary and allowances: 20 points
The applicant must claim 50 points in total using points earned in the above subsections.
The job must be at graduate level, unless it is on the shortage occupation list. Applicants will be given 50 points for jobs falling under shortage occupations and they do not need to have any academic qualifications or minimum salary, provided the position offered meets the conditions in the codes of practice.
Extension Applications
Applicants who are already on a Tier 2 (G) visa will be given 50 points under Attributes provided they are working for the same employer and at the same position. The new rules therefore will not affect those who wish to continue working at the same position and same employer.
II English Language
Under the Tier 2 (General) category, applicants are required to provide evidence that they speak, communicate and understand the English language to a certain level. This can be done in three ways:
By being a national of one of the majority English speaking countries, i.e. USA, Australia, Canada, etc.
By having a degree level qualification from an English speaking country
By having passed an approved English language test to a B1 CEFR standard (for example, IELTS: 4.0)
The applicant will earn 10 points for this.
The following persons would also be automatically given 10 points under this section:
Those last granted leave under the following categories: Tier 1 (General), Tier 1 (Entrepreneur) or the HSMP after 7th November 2006.
Those last granted leave under a Tier 2 category (having already provided evidence of meeting the English language requirement) and applying for an extension within the same category
Those making an application under the transitional arrangements
Those making an application as a result of a change of employment where:
a. The applicant has already provided evidence of meeting the English language requirement as a Tier 2 migrant
b. The applicant was last granted leave as a Minister of Religion on or after 23rd August 2004.
III Maintenance
The applicant will need to score 10 points under this section to obtain a visa. This is possible in the following ways:
Providing the last 3 months’ bank statements prior to the date of application (with a closing balance dated not more than one month before the date of application) showing a balance of at least £900 at all times; or
The employer (sponsor) can certify that they will provide maintenance and accommodation during the first month of his employment in the UK. Please note that only A rated sponsors are be able to certify maintenance for prospective workers.
Exemptions: The following persons having leave to remain or leave to enter would automatically qualify for 10 points:
Tier 2 Migrant
Qualifying Work Permit Holder
Jewish Agency Employee
Member of Operational Ground Staff of an overseas owned airline
Minister of Religion, Missionary or Member of a Religious Order
Representative of an overseas Newspaper, News Agency or Broadcasting Organization.
A person who obtains points under Post-Study Work provisions and applies to switch to Tier 2 (General).
Maintenance for Dependants: The applicant will require showing an extra £600 (£1800 for the dependants of Tier 2 applicants who have been in the UK for less than 12 months) for each of his dependants in addition to the £900 that he requires for himself or herself.
The applicant’s sponsor will also be able to certify the dependants of the prospective employee for maintenance purposes.
B Transitional Measures
The following persons who wish to extend their stay in the same capacity would be able to apply under Tier 2 (General) transitional measures where he or she has or was last granted leave as a:
Qualifying Work Permit Holder
Representative of an overseas newspaper, news agency, or broadcasting organization
Member of the operational ground staff of an overseas owned airline
Jewish Agency employee
Tier 2 (General) migrant
In this case, they would be awarded 50 points under Attributes, and 10 points each in the English language and Maintenance sections.
Please note that these transitional measures are just for those who wish to extend their stay while working for the same sponsor (employer) and at the same position. If they wish to change sponsor then they have to meet the full Tier 2 (General) criteria.
The only exception to this is for those who have Work Permits to work as a “Senior Care Worker”: they will have the benefit of making an application under the Tier 2 (General) category using the transitional arrangements even if when they wish to move to a different establishment at the same position.
C Duration of Tier 2 (General)
Successful applicants for entry clearance would be given a visa for 3 years and 1 month or for a period equal to the length of the period of engagement plus 1 month, whichever is the shorter
Those who are already on a Tier 2 (General) visa would be given a visa for 2 years or for a period equal to the length of the period of engagement plus 14 days, whichever is the shorter (if the application is not for a change of employment)
If the application is for a change of employment, those who are already on a Tier 2 (General) visa would be given a visa for 3 years or for a period equal to the length of the period of engagement plus 14 days, whichever is the shorter
Those who are applying for extensions under the transitional measures would be able to get the balance of the duration to enable them complete 5 years on a Work Permit or the duration stated on the sponsorship certificate whichever is less (unless that period is less than 2 years in which case they would be granted a further 2 years’ stay or a period equal to the length of the period of engagement plus 14 days, whichever is the shorter)
D Work Allowed
Applicants having leave to remain or leave to enter under the PBS Tier 2 (General) category would be allowed to take supplementary employment that must meet the following criteria:
is outside of their normal working hours;
is no more than 20 hours per week;
is within the same profession at the same professional level as the work for which the Certificate of Sponsorship was issued.
In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.
E What work is not allowed?
Tier 2 (General) workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining permission from the Home Office.
They are also not allowed to hold more than 10% shares in the sponsor company if it is a limited (unless applying under the Intra Company Transfer category).
F Switching Rules
The following persons are able to switch into one of the above categories of Tier 2, provided they fulfil all the requirements:
Tier 1 Migrant
Tier 2 Migrant
Highly Skilled Migrant
Innovator
Member of Operational Ground Staff of an overseas owned Airline
Minister of Religion, Missionary or Member of a Religious Order
Overseas Qualified Nurse or Midwife
Person writing up a Thesis
Post graduate doctor or dentist
Qualifying work permit holder
Representative of an overseas newspaper, News Agency or Broadcasting organization
Student
Student nurse
Student Re-sitting an examination
Student Union Sabbatical Officer
No one else is allowed to switch into the Tier 2 categories in the UK.