Tier 2 - Sponsored Skilled Workers (Work Permits)
Introduction
The 27th November 2008 marked a sea-change in the UK’s approach to regulating the employment of overseas personnel. The previous work permit scheme was replaced with the less snappily entitled “Points Based System, Tier 2 – Skilled Sponsored Workers”. For ease of reference, in this guide, Points Based System will be referred to as “PBS” whilst Tier 2 – Skilled Sponsored Workers will be shortened to “Tier 2”.
Previously an employer would need to supply evidence to the United Kingdom Border Agency (UKBA) to demonstrate that it was a legitimate trading entity, that it had a genuine need to recruit the overseas national, and that there were no suitably qualified resident workers that could fulfil the role.
Under the new PBS scheme, an employer must now apply for a licence to sponsor overseas workers wishing to apply to enter the UK. Once it has been granted a licence, it will then need to issue a Certificate of Sponsorship to any non-resident worker national it wishes to employ in the UK. The sponsored employee must then apply for a visa to enter the UK as a sponsored skilled worker under PBS Tier 2.
Application Criteria
UK employer
The employer must be established and trading, or about to become operational in the UK, whether as a partnership, a company or as a registered branch of an overseas company.
A specific individual for a specific job
Certificates of Sponsorship are issued in respect of a specific individual and a specific post. It is not possible to obtain a permit for a particular job before someone has been found to fill it, or to get issue a certificate for an individual and then find them a job when they get to the UK.
Criteria used to assess whether individual qualifies for a Certificate of Sponsorship
Certificates of Sponsorship will normally only be issued for people who have either a degree level qualification or high level or specialist skills acquired through doing the type of job for which the permit is sought for at least three years. This type of job should be at NVQ Level 3 or above.
No suitable UK or EEA resident for post
In general, an employer must be satisfied that there is no suitable and available person settled in the UK or European Economic Area (EEA) who could otherwise fill the post. It may be necessary for the position to be advertised within the UK and EEA to be able to prove this. The UK Border Agency can audit an employer's files at any time to ensure that the appropriate steps have been undertaken. Similarly, an Entry Clearance or Immigration Officer can make additional checks when deciding whether to grant permission for an employee to enter or stay in the UK based on a Certificate of Sponsorship.
Categories of permit
UKBA operates a system whereby Certificates of Sponsorship can be issued to:
intra-company transferees – a common type of application used by multi-national organisations which need to transfer employees from an overseas office, subsidiary or sister company to fill a skilled post in the UK which cannot be filled by a locally recruited employee; and
new hires where UKBA will usually expect the UK employer to advertise the position throughout the EEA as evidence that there has been a fair test of the resident labour force. In some limited circumstances it is possible to request that the advertising restrictions be waived.
UKBA fees
UKBA charges a fee to employers both for the initial licence registration application, and thereafter, to issue Certificates of Sponsorship.
Application procedures
Once the Certificate of Sponsorship has been issued, a sponsored employee must then apply for a visa to enter the UK in this capacity, or if already in the UK in a qualifying category, apply to UKBA to change the basis of their stay in the UK.
Dependent family members
The spouse and any unmarried children under 18 of certificate holders may accompany the employee to the UK. However, they must obtain entry clearance from the relevant British diplomatic post before they travel. They will be allowed to remain in the UK for the same period as the certificate holder and will also be granted any extensions or indefinite leave to remain in line with that given to the permit holder. They may work in the UK if no special restrictions have been placed on their stay.
Other possible requirements
The certificate holder, spouse and children aged 16 or over who accompany them to the UK may be required to register with the UK police.
Please contact David Robinson or Evan Remedios on +44 (0)20 7038 3980 or at info@rlegal.com if you would like to discuss your immigration requirements.
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DISCLAIMER: The information on this brief guide is correct to the best of our knowledge and belief. However, it is written as a general guide only and it is strongly recommended that specific advice is sought before action is taken. |
