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IMMIGRATION


NB: This is the out-of-date version of the website. This page is not being updated.
To see the new version, please follow the link:www.lawfirmuk.net/Immigration




TIER 2 General (Work Permit)

The new point based system is going to be launched in full from 27th of November 2008 that is going to affect all those who are residing in the UK on work permits and also those who are looking to get one.

Once a sponsorship certificate is issued, the prospective employee of the sponsor (employer) will be required to submit his / her visa application that can be made while remaining in the UK (provided he is able to switch to this category) or from outside the UK (provided he is outside the UK or unable to switch while remaining in the UK).

The UKBA has divided four main categories of applicants who will require sponsorship certificate from their sponsors and will be making their visa applications in line with the certificate i.e.
TIER 2 (General)
TIER 2 (Minister of Religion)
TIER 2 (Sportsperson)
TIER 2 (Intra-Company Transfer)

 

Tier 2 (General)

The applicants would be expected to score at least 70 points in total to successfully apply for the required visa and he can claim following points under the various heads:

A. Scoring Sections

I Attributes

Initial Application
The applicant has to score 50 points under this section that can be claimed in a combination of following three sections:

  • Offer of Job passing Resident labour market test: 30 points (max.) or Job in Shortage occupation (50 Points) or Job offered to a participant of IGS / FT:WISS or some one having a PSW visa, who has worked for 6 months for the same employer : 30 points (max.)
  • Qualification : 5-15 points
  • Prospective Earnings: 5 – 20 points (Minimum £17K will give 5 points while £24K will give 20 points)

The applicant must claim 50 points in total using the points earned in any of the above subsections. It is not necessary to earn minimum points in each of the above mentioned categories.

Extension Application
The applicant has to score 50 points under this section that can be claimed in a combination of following three sections:

  • Certificate of sponsorships assigned under the transitional arrangements: 50 points (max.) or Applicant was rewarded 50 points when last granted leave because the job was in a shortage occupation: 50 points, other cases where the applicant has got a sponsorship certificate: 30 Points.
  • Qualification : 5-15 points
  • Prospective Earnings: 5 – 20 points (Minimum £17K will give 5 points while £24K will give 20 points)

The applicant must claim 50 points in total using the points earned in any of the above subsections. It is not necessary to earn minimum points in each of the above mentioned categories.

II English Language

For Tier 2 (General), applicants would be required to provide evidence that they speak, communicate and understand English language to a certain level. This can be done in three ways:

  • By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.
  • By having a degree level qualification from an English speaking country
  • By having passed an English language Test (IELTS: 4.0)

This will give 10 points to the applicant.

Following persons however would also be automatically given 10 points under this section:

  • The one who was last granted leave under Tier 1 (General), Tier 1 (Entrepreneur) or the HSMP after 07th of Nov. 2006.
  • The one who was last granted leave under a Tier 2 category(having already provided evidence of meeting the English language requirement) and is applying for an extension within the same category
  • The one who is making an application under the transitional arrangements
  • The one who is making an application as a result of a change of employment where:
    • The applicant has already provided evidence of meeting the English language requirements as a Tier 2 migrant
    • The applicant was last granted leave as a Minister of Religion on or after 23 Aug. 2004.

III Maintenance

The applicant will need to score 10 points under this section to obtain visa in line with the sponsorship documents. This can be possible in the following ways:

  • Providing last 3 months bank statements showing that the balance has been maintained would be required to have at least £800 at all times; or
  • Get his employer (sponsor) to certify that he would take care of his maintenance and accommodation during first month of his employment in the UK. Please note that only A rated sponsors would be able to certify its prospective workers for such purpose.

Transitional Measures: For the first 3 months, applicants (overseas national) would only be required to have a closing balance of £800 in their last month’s bank statements rather than having maintained this balance for the last three months.

Exemptions: Following persons having leave to remain or leave to enter in such capacity, would automatically qualify for 10 points:

  • Tier 2 Migrant
  • Work Permit Holders
  • 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 would also be able to sponsor his dependants (spouse, unmarried partner, civil partner, children under 18 years of age) provided he can provide evidence of having £533 for each dependant.

The sponsor of the applicant will also be able to certify the dependants of the prospective employee for maintenance purposes.

B. Transitional Measures

Following person who wish to extend their stay in the same capacity would be able to apply under Tier 2 (General) transitional Measures where he / 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 in Attributes, and 10 points each in English language and maintenance section.

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 got their work permits to work at the position of “Senior Case Worker”, they will have the benefit of making an application under Tier 2 (General) 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)

The first time applicants would be given 3 years visa or according to the contract offered by the sponsor whichever is less.

Those who are already on Tier 2 (General) would be given a visa for 2 years or according to the contract offered by the sponsor whichever is less (if the application is not for change of employment).

Those who are already on Tier 2 (General) would be given a visa for 3 years or according to the contract offered by the sponsor whichever is less, if the application is for change of employment

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 work permit or the duration stated on the sponsorship certificate whichever is less.

D. Work Allowed

Applicants having leave to remain or leave to enter under the PBS Tier 2 (General) would be allowed to take supplementary employment that must meet the following critera:

  • 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 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 further permission from the Home Office. They are also not allowed to hold more than 10% shares in the company they are working for. Please note that this restriction is not on those workers who are working for a Partnership / Sole Proprietor business.

F. Switching Rules

Into Tier 2 (General):

Following persons would be able to switch into one of the above categories of Tier 2, provided they fulfil all the requirements of the TIER 2:

  • 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
  • Participant in Fresh Talent: WISS
  • Participant in the IGS
  • 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

Please note that the rules of switching are very strict and no one else would be allowed to switch to either of the above categories while remaining in the UK.

G. Administrative Review (Entry clearance applications only)

If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant would only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

H. Appeals (In country Applications only)

The applicants whose Tier 2 applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant would however be allowed to make use of fresh documentary evidences / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.

It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.

I. Settlement Prospects

Tier 2 workers can apply for permanent settlement in the UK on completion of total five years on sponsorship. Following persons will be allowed to use the time spent in the UK on the following visas, while most recently having a TIER 2 visa:

  • Tier 1 (General / Investor / Entrepreneur)
  • Highly Skilled Migrant Program
  • Self employed Lawyer
  • Writer, Composer or Artist

The dependants would also be allowed to apply for settlement with the main applicant.

J. What services we can offer?

  • We can advise on the procedure of making the Tier 2 application in line with the sponsorship certificate.
  • We can assess the job and the applicant`s details and advise on the likelihood of getting the applicant sponsored under Tier 2.
  • We can advise the applicants on making their leave to remain / entry clearance applications in line with the sponsorship certificate.
  • We can also advise the applicants for inviting his / her families on dependant visas.
  • We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s application is turned down for some reason.
  • We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK.

Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of the sponsored persons.

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