The new points- based system was launched in full on the 27th of November 2008 and affects all those who are residing in the UK on work permits (or certificates of sponsorship as they are now called), and also those who are looking to get one.

Once a sponsorship certificate is issued, the prospective employee will be required to submit his / her visa application, which can be done whilst remaining in the UK (provided he/she is able to switch to this category) or from outside the UK (provided he/she is outside the UK or unable to switch whilst  in the UK).

The UKBA has divided four main categories of applicants who will require sponsorship certificates from their sponsors:

TIER 2 (General)
TIER 2 (Minister of Religion)
TIER 2 (Sportsperson)
TIER 2 (Intra-Company Transfer)

TIER 2 (Minister of Religion)

Applicants would be expected to score at least 70 points in total to successfully apply for the required visa and can claim points in the following ways:

I Attributes

Initial Application
The applicant has to score 50 points under this section by having a valid sponsorship certificate from his / her sponsor. The certificate can only be granted once the Resident Labour Market requirements have been met. The following personnel can apply under Tier 2 (Minister of Religion):

• A religious minister who performs pastoral duties
• Missionary or a member of a religious order (eg in a monastic community or similar)  
• Nuns
• Or a similar religious community involving a permanent commitment.

Extension Application
The applicant has to score 50 points under this section by having a valid sponsorship certificate from his / her sponsor, in the same way as above (except that there is no Resident Labour Market requirement if the applicant merely wishes to continue in the same job).

II English Language

For Tier 2 (Minister of Religion) applicants, it is a requirement   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, or that was instructed throughout in English
• By having passed an approved English Language Test (eg IELTS: minimum score of 5.5)

This will score 10 points for the applicant.

The following persons would also  automatically score 10 points under this section:

• Applicants who were last granted leave under Tier 1 (General), Tier 1 (Entrepreneur) or the HSMP scheme in place after  the 7th of November 2006
• Applicants  who were last granted leave as a Tier 2 Minister of Religion
• Applicants who were granted leave as a Minister of Religion on or after 19th of April 2007.

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 a balance of £800 has been maintained throughout; or
• The employer (sponsor) can certify that they will provide  maintenance and accommodation during the first month of  employment in the UK. Please note that only A -rated sponsors would be able to certify its prospective workers for this purpose.

Exemptions: The following persons having leave to remain or leave to enter in the categories listed below, 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 (Minister of Religion).
  

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, held for the relevant 3 month period.

The sponsor of the applicant will not be able to certify the dependants of the prospective employee for maintenance purposes.

Transitional Measures

An applicant can apply under the Tier 2 Minister of Religion transitional arrangements where he / she has, or was last granted, leave under the Minister of Religion category in existence before 27th of November 2008. This type of  applicant will be automatically  awarded 10 points each for English language and maintenance funds.

Duration of Tier 2 (Minister of Religion)

First time applicants would be given 3 years visa or the length of  the contract offered by the sponsor, whichever is less.

Those who are already on Tier 2 (Minister of Religion) would be given a visa for 2 years or the length of 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 (Minister of Religion) would be given a visa for 3 years or the length of 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 or the duration stated on the sponsorship certificate, whichever is less.

Work Allowed

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

• 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,  applicants are also allowed to take unpaid voluntary employment.

What is not allowed?

Tier 2 (Minister of Religion) workers are not allowed to enter self-employment, establish a business or join another business as a director or partner without obtaining further permission from the UK Border Agency. 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 placed on those workers who are working for a Partnership / Sole Proprietor business.

Switching Rules

Into Tier 2 (Ministers of Religion)

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

• Tier 1 Migrant (General/Post-Study/Investor/Entrepreneur)
• 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
• Tier 4 Student
• 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 into either of the above categories while remaining in the UK.

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 administrative 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 evidence with the review request.

It is therefore strongly advised to seek professional help when making a review request.

Appeals (In-country Applications only)

Those 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  be allowed to make use of fresh documentary evidence / information in support of the 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 seek professional assistance to lodge an appeal against the decision of the UKBA.

Settlement Prospects

Tier 2 (Minister of Religion) workers can apply for permanent settlement in the UK on completion of a total of five years on sponsorship. The following persons will be allowed to add together  time spent in the UK on the following visas, with time spent on a TIER 2 visa:

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

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

 What services we can offer?

• We can advise on the procedure of making a 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 their 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.