Warner News
01/10/2009
Two new policy announcements for Tier 4
New policy for Tier 4 sponsors
01/10/2009
Identity cards speeds up
Skilled migrants renewing their visas to stay in the United Kingdom will be issued with an identity card from the new year, three months ahead of schedule, Home Secretary Alan Johnson announced today.
Tier 2
What is the tier 2 - skilled worker category?
The tier 2 - skilled worker (general) category is for skilled workers with a job offer to come in to the United Kingdom to fill gaps in the United Kingdom labour force that cannot be filled by the resident workforce.
The job must be at S/NVQ level 3 or above, and the migrant must earn the appropriate salary or other package of remuneration appropriate for the job in the United Kingdom.
If you are unsure if the job on offer is at S/NVQ level 3 or above, please send a copy of the job description to one of our experts, along with the salary being offered and the number of work hours per week, and we will quickly be able to advise you.
What is the tier 2 intra-company transfer category?
The intra-company transfer category is for multi-national companies who want to transfer an overseas employee to work for them in their UK operation. The position being transferred must be at S/NVQ level 3 or above, and the transferring employee must have at least six months experience of working for the overseas entity, directly before the transfer to the UK.
The transferee will not be allowed to come to the UK to fill a position that a resident work (UK or EEA citizen) holds/held.
What is the tier 2 - sports people category?
The tier 2 - sports people category is for elite sports people and coaches:
- who are internationally established at the highest level; and
- whose employment will make a significant contribution to the development of their sport at the highest level in the United Kingdom; and
- who intend to base themselves in the United Kingdom.
Migrants under this category must be sponsored by a club (or equivalent) that is licensed by us to issue certificates of sponsorship under this category.
What is the tier 2 - ministers of religion category?
The tier 2 - ministers of religion category includes those coming to fill vacancies as religious workers within recognised religions, and anyone who ministers, whether regularly or occasionally, and performs pastoral duties or both.
Pastoral duties include:
- leading worship regularly and on special occasions
- providing religious education for children and adults by preaching or teaching
- officiating at marriages, funerals and other special services
- offering counselling and welfare support to members of the congregation
- recruiting, training and co-ordinating the work of any local volunteers and lay preachers.
This category is also for migrants coming to work in the United Kingdom as:
- a missionary
- a member of a religious order such as a monastic community of monks or nuns, or a similar religious community which involves permanent commitment.
Avoiding the Pitfalls
An explanation of the points required to obtain a Tier 2 - skilled worker visa using the points-based system can be found below.
To be eligible to apply to come to the United Kingdom under Tier 2 - skilled worker the candidate will need to have:
- a job offer
- certificate of sponsorship from one of our licensed sponsors; and
- scored enough points to apply.
Points assessment
The candidate will need to score a pass mark of 70 points from the three sets of criteria. These are:
- attributes
- English language skills; and
- maintenance.
Attributes
The candidate must score at least 50 points in this category. They can score points under three criteria; these are:
- sponsorship
- qualifications; and
- prospective earnings.
Resident labour market test
If your job is not on the shortage occupation list, the job offer will need to pass the resident labour market test. This test ensures that resident workers have had the opportunity to apply for the job before it is filled under Tier 2.
Sponsorship
To apply under Tier 2 - skilled worker the candidate will require a valid certificate of sponsorship issued by a licensed sponsors. The candidate can score up to 50 points for your certificate of sponsorship. More information about how sponsors can become licensed can be found in the employers and sponsors section.
If the candidate wants to come to the United Kingdom under Tier 2 - skilled worker their potential employer will only issue a certificate of sponsorship if the candidate is:
- filling a vacancy that requires a worker with skills at NVQ level 3 or above
- willing to comply with the conditions of their permission to stay and to leave the United Kingdom when their leave expires; or
- switches their Tier 2- skilled worker into another category that allows them to remain in the United Kingdom.
If the candidate has a certificate of sponsorship for a job on the shortage occupation list they will be awarded 50 points.
If the candidate has a certificate of sponsorship for a job not covered by the shortage occupation list, their job will have to have passed the resident labour market test, at which time they will be awarded 30 points.
Qualifications
The candidate can score up to 15 points for their qualifications. Points will be awarded in the following way:
|
Qualifications |
Points awarded |
|
No qualifications |
0 |
|
NVQ level 3 |
5 |
|
Bachelors or masters degree |
10 |
|
PhD |
15 |
The candidate will only be awarded points for the highest level qualification they hold and not a combination of two or more qualifications.
Prospective earnings
The candidate can score up to 20 points for their prospective earnings. Points will be awarded in the following way:
|
Prospective earning (£) |
Points awarded |
|
17,000 - 19,999 |
5 |
|
20,000 - 21,999 |
10 |
|
22,000 - 23,999 |
15 |
|
24,000 + |
20 |
Maintenance
The candidate must score 10 points in this category by showing that they are able to support themselves while they are in the United Kingdom.
There are different amounts required if you are already living in the UK or if you live outside of the UK. The funds required are as follows:
Living in the UK - You must prove that you have £800 in the bank or building society in savings for a minimum of three months. prior to making the Tier 2 (FLR) application. The account should not have dropped below the £800 even by one penny. You will need to provide proof that is less one calendar month old at the time of making the application. These sums of money can be in more than one account.
If you have a dependent(s) in the UK with you, you will need to prove an additional £533 of funds for each dependent for the same three months. These sums of money can be in more than one account.
Not Living in the UK - You must prove that you have £2,800 (or the equivalent your local currency) in the bank or building society in savings for a continuous period of three-months. You will need to provide proof that is less that seven days old at the time of making the application. Your account must not be a penny less that the £2,800 or your application will be refused.
If you have a dependent(s) and you will be bringing them with you to the UK, you will need to prove you have an additional £1,600 (or the equivalent your local curreny) of funds for each dependent.
English language skills
The candidate must score 10 points in this category by showing that they are able to speak English to a basic standard. This is a mandatory requirement. This will include an ability to understand and use familiar everyday expressions, basic phrases and be able to introduce themselves and others, and be able to answer basic personal questions about themselves.
The candidate will need to show that they are competent in the English language by:
- passing a test in English equivalent to the appropriate level
- coming from a majority English speaking country; or
- having taken a degree taught in English (verified using national academic recognition information centre data).
Please click on the appropriate link at the top of the page for further information about each heading under the Tier 2 system.