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Statement of Intent - Tier 2 Skilled Workers
The Home Office has now published its Statement of Intent for the new Tier 2 Points Based System. This is the Tier which deals with skilled workers. The tier is due to be implemented in Autumn 2008. Tier 2 is designed to allow UK employers to recruit individuals from outside the EEA (European Economic Area) where the particular job cannot be filled by a British or EEA worker. The requisite skill level has been set at NVQ3 or above to qualify for the tier.
Employers will be required to apply for and obtain a sponsorship licence before they can use Tier 2. The licence application process allows the UK Border Agency to check that the applicant is a genuine employer. Once licensed employers will be able to sponsor skilled workers in three categories:
- Shortage occupations - the Migration Advisory Committee (MAC) will identify those skilled occupations where there is a shortage in the UK. A list will be produced which details the shortage occupations. The list will be kept under regular review
- Where jobs have passed the Resident Labour Market Test - employers will have to demonstrate that they have advertised the vacancy and have been unable to fill it from the resident labour market before being permitted to employ the skilled migrant
- Intra Company Transfers (ICT) - employees who have been working for the company overseas can be transferred to work in the UK. There will be no need to undertake the Resident Labour Market Test but the employee must have been working for the sponsoring company for at least the previous six months. Further the employee, whilst in the UK must earn a salary or remunerative package (including specific permitted allowances) appropriate for that job in the UK
Skilled migrants will be required to obtain prior entry clearance before coming to the UK. The employer must have issued a Certificate of Sponsorship to the employee before the application for entry clearance is made. The Certificate of Sponsorship does not guarantee entry clearance and skilled migrants will be subject to the usual entry clearance checks. Skilled migrants will be required to obtain a biometric identity card and employers will be required, as a condition of keeping their licence, to notify the UK Border Agency if migrants do not comply with their immigration conditions.
Skilled migrants will be subject to a points based test. No one can qualify under Tier 2 unless they have a Certificate of Sponsorship showing that they are coming to fill a qualifying job. Points will be awarded under an attributes test, maintenance test and English language ability. There is an overall pass mark of 70 points. Under the attributes test points are awarded for the Certificate of Sponsorship (ie whether the job is a shortage occupation, passes the Resident Labour Market Test or is an ICT), qualifications and prospective earnings. The maintenance test requires that applicants have a minimum of £800 in funds. This is to demonstrate that applicants can support themselves from the point at which they arrive in the UK to receiving their first salary. Where applicants are bringing dependants, an additional two thirds of the £800 needs to be in funds for each dependant.
Section
Certificate of Sponsorship
Qualifications
(or NARIC equivalents)
Prospective Earnings (£) 2, 3, 4
A
(50 points needed)
Offer of job in shortage occupation
Offer of job that passes Resident Labour Market Test5
Intra Company Transfer
50
30
30
No qualifications
NVQ3
Bachelors or Masters
PhD
0
5
10
15
17,000 - 19,999
20,000 - 21,999
22,000 - 23,999
24,000 +
5
10
15
20
B
Maintenance requirement
10
C
Competence in English
10
Skilled migrants will be required to speak English to A1 of the Council of Europe scale. Guidance will be provided on other forms of acceptable qualification. ICT will however only need to demonstrate the required English language ability if they are to stay in the UK beyond three years. Competency in English can be proved by:
- Passing the test in English equivalent to the appropriate level;
- Coming from a majority English speaking country (a list of countries has been published by the Home Office);
- Having taken a degree taught in English (as verified by NARIC).
There is to be a single application process under Tier 2 whether the application is made from inside or outside the UK. There will be three ways of applying:
- Entering the UK under Tier 2
- Extending a stay in the UK under Tier 2
- Switching whilst in the UK into Tier 2
Successful applicants entering the UK will be granted leave for the duration of their post up to an initial period of three years. Extensions of stay applications will not be subject to the Resident Labour Market Test as the employer will have shown on the initial application that the job could not be filled by a resident worker. There will also be no need for the maintenance test to be satisfied.
Those with leave as Working Holidaymakers and doctors in the UK to take the PLAB test or on clinical attachment will not be permitted to switch into Tier 2. Tier 3 (low skilled migrant tier) and Tier 5 (youth mobility and temporary worker) will also not be permitted to switch into Tier 2. Transitional arrangements are to be implemented for those in the UK under the existing work permit scheme. Existing work permit holders will be required to seek an extension under the new system and the applicant will need to be in possession of a Certificate of Sponsorship issued by a licensed employer. Providing the migrant holds a valid work permit, they will not have to meet the Tier 2 general category requirements relating to qualifications, prospective earnings and language requirements. Where existing work permit holders seek a change of employment after Tier 2 is introduced, they will need to apply under Tier 2 and meet the full criteria, including the attributes test.
