To be eligible to come to the UK under Tier 2 general and Tier 2 intra company transfer (ICT), the skilled worker will need:
- a job offer;
- enough points to qualify under Tier 2 of the PBS (currently 70 – see below); and
- a certificate of sponsorship (CoS) from a licensed sponsor registered with UKBA.
Issuing certificates of sponsorship (CoS)
If you are a licensed sponsor under Tier 2 you will need to apply for a CoS for each migrant you wish to employ. A CoS is a virtual document, issued via UKBA’s web based sponsorship management system (SMS). A CoS is essentially a unique reference number that all skilled migrants wishing to work in the UK under Tier 2 must supply when applying for a visa for leave to enter the UK.
When applying for a sponsorship licence, you will be required to give an indication of the number of CoS you expect to issue per year. You will be asked to provide justification for this estimate. If your application is granted, you will be given a limit on the number of certificates you may issue. You may also be provided with a review point once you have issued a certain number of CoS. At this point your performance as a sponsor will be reviewed.
A CoS will only be issued for migrants whom you are seeking to recruit into a ‘qualifying job’, being one;
- of at least skill level NVQ 3 (or equivalent), or above; and
- which will be paid at the ‘appropriate rate’, i.e. the salary which a UK national would receive were they to be employed in the same job.
In addition, you must ensure that one of following three criteria is satisfied:
- the job has been included on the list of shortage occupations maintained and updated by the government appointed Migratory Advisory Committee. This list is being finalised and will be available on UKBA web site by the time tier 2 becomes operational in November 2008; or
- you have carried out a resident labour market test (RLMT) in order to establish that there are no suitable EEA candidates (see below); or
- the migrant is coming to the UK via an intra-company transfer (ICT), ie under Tier 2 (ICT).
Conducting the resident labour market test
If you are required to conduct a RLMT when you apply for a CoS you must demonstrate that you have advertised the job to which you propose to appoint the migrant worker in accordance with the applicable job/sector specific codes of practice. These codes of practice will be available on UKBA website when Tier 2 becomes operational in late November 2008. If there is no applicable code of practice, you must advertise using Jobcentre Plus (a government sponsored web site).
The job vacancy must have been advertised in the applicable way for minimum of 2 weeks, or, if the salary is over £40,000 per annum, one week.
> Visit the UKBA website for guidance on operation of resident labour market test and availability of applicable codes of practice
Points required by applicants under Tier 2-general and Tier 2-ICT
The total number of points a migrant will require to be eligible for entry under Tier 2 is 70. Points will be awarded under three sets of criteria: an attributes test; a maintenance test (to demonstrate that the migrant has enough funds to support themselves and their dependents in the UK before they start to receive a salary); and a test for English language ability.
Under the attributes test, points are awarded for the mode of sponsorship (i.e whether the job is a shortage occupation, passes the RLMT or the migrant is coming to the UK via an ICT) as well as the individual’s qualifications and prospective earnings.
> Visit the UKBA website for details of the points assessment under tier 2 general
If you are a group company and you are proposing that a would-be migrant is transferred to you via an ICT then you will have to have obtained the appropriate sponsorship licence under Tier 2. For further information see “Applying to be a Sponsor under Tier 2”.
In addition, the migrant must have worked for the overseas company for at least 6 months prior to applying under Tier 2 ICT.
An assessment of ‘appropriate salary’ for an ICT will take into account certain specific permitted allowances which are being finalised by the UKBA. Details of which specific allowances will be taken into account will be available on UKBA’s website when Tier 2 goes live in late November 2008.
ICT applicants will only need to demonstrate the required English language ability under Tier 2 if they seek to extend their stay in the UK in excess of the initial three years.
> Click here for details of UKBA points assessment under tier 2 ICT
Just because you issue a CoS to a eligible would-be migrant worker, does not guarantee that they will automatically be granted leave to enter the UK. The final decision as to whether a migrant is given leave to enter or remain in the UK rests with UKBA.
Successful applicants entering the UK under Tier 2 will be granted leave to remain for the duration of their post, up to an initial period of three years. Migrants can apply for an extension under tier 2 for a further two years and thereafter must either seek indefinite leave to remain or nationalisation (if eligible).