29-03-2010 - TIER 2 – New Rules – April 2010

From 06th of April 2010, the Tier 2 (G) and Tier 2 (intra company transfer) applicants will be assessed under the revised criteria published at UKBA website. There will not be any changes in the Tier 2 (Ministers of Religion) or Tier 2 (Sportsperson) categories.

The framework has been kept the same but following important changes have been announced:

Tier 2 (G)

1-    The applicants will be given 15 points for having a UK equivalent Masters degree or PHD degree. Previously only 10 points were given to the applicants who had a Masters equivalent degree.

2-    The minimum threshold of earnings has been increased from £16,000 to £20,000 and the maximum points has also been increased from 20 to 25, that can be claimed for having prospective earnings of at least £32,000 or above.

3-    The existing Tier 2 (G) migrants will be able to claim 50 points for their extension application provided, they wish to continue working in the same job for the same sponsor.

4-    If a Tier 2 (G) migrant is changing his job but remains with the same employer, and the new job falls within the same standard occupational classification code, he will not be required to make a fresh application for change of employment. But if he changes his sponsor, then the new criteria will apply.

Tier 2 (Intra Company Transfer)

5-    The intra- company transfer will be given 25 points instead of 30 and they have to claim at least 25 more in other sections i.e. qualification and prospective earnings.

6-    The intra – company migrants will not be able to apply for settlement in the UK as they previously used to do. But those Tier 2 (intra company) migrants or work permit (intra company) migrants, who were given leave to remain / entry clearance on the basis of rules existing on or before 05th of April 2010, will be able to continue their journey towards settlement in the UK.

7-    The Intra – company transfers has further been classified into three categories:

a)    Establish Staff: This is to fill posts requiring established employees from the overseas branch to work in the UK. They must have worked for the overseas body for at least 12 months and the position offered must be at the S / NVQ level 3 or above. They will be required to successfully claim 50 points for attributes and 10 for maintenance and 10 for English language (if extending beyond 3 years).
b)    Graduate Trainee: This category has been created for the new graduates who need to come to the UK as part of a structured training programme. The applicants must have worked for the overseas body for at least 3 months and will only be able to come to the UK to work for 12 months. This time period will not be extendable. They will be required to successfully claim 50 points for attributes and 10 for maintenance but will not be required to take any English language tests.
c)    Skills Transfer: This category is for new employees who will not fill a UK vacancy and will be coming solely for skills transfer reasons. They will be required to successfully claim 50 points for attributes and 10 for maintenance but will not be required to take any English language tests. And the maximum period they can come for is for 6 months, which cannot be extended for any period of time.

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