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)

The UKBA has announced some more changes in the criteria of making applications under Tier 2 (G) and Tier 2 (intra company Transfer) and that will be enforced from 06th of April 2010. The other two categories of Tier 2 i.e. Tier 2 (Sportsperson) and Tier 2 (Minister of Religion) have been unchanged.

Tier 2 (Intra Company Transfer)

The framework will remain the same but points that can be claimed for sponsorship, qualifications and prospective earnings have been amended to reflect the recommendations of the MAC. The sponsor still requires issuing a sponsorship certificate but needs to take care whether the salary on offer and the qualifications of the applicant will enable him / her to qualify under the new rules.

The applicants are required 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    Categories of Tier 2 (ICT)

This category is to cater for the multinational companies who wish to invite their existing employees working in their overseas branch / head office, to work in the UK.

From 6th of April 2010, Intra-company transfers will be split into three new sub-categories i.e.

1.    Established Staff

This is similar to the one previously existed apart from few differences. The purpose of this category is to fill positions requiring established employees that would not otherwise be filled by the resident workforce, provided the positions are at or above N/ SVQ level 3.

The points required for applicants making their initial applications and extending their leave to remains will be:

The important change that has been brought is that the overseas worker should have worked for at least 12 months for the overseas branch / head office at the time of application.

The maximum visa that can be given is 3 years that can further be extended for another two years. The Intra Company Transferees will NOT be able to apply for settlement in the UK. This will only apply to those who make their initial applications under the rules enforced on 06th of April 2010 or after. Those who are already on work permit (intra company Transfer) leave or Tier 2 (ICT) leave, will be able to proceed for their settlement in the UK.

2.    Graduate Trainee

This sub-category will be for the new graduates who need to come to the UK as part of a structured training programme. This category is for graduate occupations that are included in the list provided by the UKBA. The applicants must have worked for the overseas branch / head office for at least 3 months and will be able to apply for entry clearance for a maximum of 12 months. Switching to other categories or extension for leave to remain for more than 12 months will not be permitted.

They still require scoring 50 points for attributes and 10 points for maintenance to qualify under this program. Please note that they do not need to score points under English language section.

The applicants must also be able to provide evidence of the structured program that they will follow, with clearly defined progression towards a managerial or specialist role. The sponsors will be limited to sponsor maximum five graduate trainees per year.

3.    Skills Transfer

This sub category will be for the new employees who will not fill a UK vacancy and are coming only for skills transfer reasons.

This category is for graduate occupations that are included in the list provided by the UKBA. There is no requirement for the applicants of this sub-category to have any company experience. Applicants will be given entry clearance valid for maximum 6 months. Switching to other categories or extension for leave to remain for more than 6 months will not be permitted.

They still require scoring 50 points for attributes and 10 points for maintenance to qualify under this program. Please note that they do not need to score points under English language section.

The applicants must also be able to provide evidence of the structured program that they will follow, with clearly defined progression towards a managerial or specialist role.

B     Scoring Sections

I     Attributes

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

1. Intra company Transfer: 25 points (max.)
2. Qualification : 5-15 points
3. Prospective Earnings: 10 – 25 points (Minimum £20K will give 10 points while £32K will give 25 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

1.    For those Tier 2 (Intra Company Transfer) applicants, who apply for entry clearance for the first time: They are exempt from this requirement.

2.    For those Tier 2 (Intra Company Transfer) applicants, whose total leave, as a result of the Tier 2 application, would not reach 3 years or more: They are exempt from this requirement.

3.    Tier 2 (ICT – Graduate Trainees) are exempt from this requirement

4.    Tier 2 (ICT-Skills Transfer) are exempt from this requirement.

5.    For those Tier 2 (Intra Company Transfer) applicants who are seeking leave to remain that would result in extending their stay in the UK for more than 3 years: They will 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.

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:

1. Providing last 3 months bank statements showing that the balance of at least £800 has been maintained at all times; or
2. 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.

Maintenance for Dependants: The applicant will require showing an extra £533 for each of his dependants in addition to the £800 that he requires for himself / herself.

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

C    Transitional Measures

Following person who wish to extend their stay in the same capacity would be able to apply under Tier 2 (Intra Company Transfer) transitional Measures where he / she has or was last granted leave as a:

• Qualifying work permit holder (on the basis of Intra company transfer only)
• Tier 2 (Intra Company Transfer) migrant

In this case, they would be awarded 50 points in Attributes, and 10 points each in English language and maintenance sections.

D    Switching Rules

Into Tier 2 (Intra Company Transfer):

Switching is only allowed for applicants who have or were last granted leave as a work permit holder where that leave was last granted as an Intra Company Transferee and the applicant is still working for the same employer as he /she was at the time of that earlier grant of leave.

E    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.

F    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.

G    Settlement Prospects

Only those Tier 2 (ICT) migrants / work permit holders (ICT) will be able to apply for settlement who obtained entry clearance / leave to remain under the rules existing on 05th of April 2010 or before. Those who apply under the new rules will NOT be able to apply for permanent settlement in the UK on completion of five years.

H    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 (under the rules existed before 05th of April 2010).

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.