The UK Immigration System

Introduction to the UK system

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UK Immigration Routes

Tier 1

Tier 2

Settlement

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An Overview of Tier 2

For Individuals

• Tier 2 replaces the previous 'Work Permit' scheme
• Applicants need to be sponsored by a registered employer, who issues a Certificate of Sponsorship (Cos)
• Applicants must also score points for appropriate salary, English language skills, and maintenance
• Tier 2 restricts holders to a specific job. If the applicant changes employers, or even certain jobs with the same employer, they will need to make a new application.
• No self employment is permitted within Tier 2
• Dependants of Tier 2 holders are free to work without restriction
• Tier 2 is granted initially for a maximum of three years. After this time an extension application can be made.
• After five years spent as a Tier 2 migrant applicants are eligible to apply for Settlement. However, the UK Government has indicated their intention to restrict this route to Settlement in the near future.

For Employers

• Employers must be registered as a sponsor with the UKBA in order to issue Certificates of Sponsorship (CoS)
• Registered employers can issue a CoS, which is then required for the migrant to make their immigration application
• The immigration cap brought in by the UK government in April 2011 limits the number of Certificates of Sponsorship within Tier 2 (General). There are now two types of Certificates: Unrestricted and Restricted.
• Because this cap only applies to Tier 2 (General) applications, Intra Company Transfers (ICT), Minister of Religion and Sportsperson routes are not affected
• The cap does not apply to Unrestricted Certificates, and in practice there is no limit to these Certificates, since employers have an annual allocation which can be easily increased
• Unrestricted Certificates can be issued to the following migrants: those resident within the UK who are eligible to switch into/ remain within Tier 2, and those with salaries of over £150 000
• Restricted Certificates have an annual limit imposed. That limit is currently 20 700.
• Applications for Restricted Certificates are considered by a monthly panel. Applications must be submitted by the 6th of the month, in order to be considered on the 11th of the month.
• Restricted Certificates are needed for all Tier 2 (General) migrants applying from outside the UK, with the exception of those with salaries of over £150 000. As previously mentioned, Intra Company Transfer (ICT), Minister of Religion, and Sportsperson fall outside Tier 2 (General), so are not affected by the restriction.
• Employers must ensure that an appropriate salary for the post is paid, so as to match the Standard Occupational Classification (SOC) code. We continue to see many refusals caused by employers not meeting this requirement, and it is therefore vital that this information is checked carefully before submitting a Tier 2 application.
• The Resident Labour Market Test must usually be fulfilled. There are six exceptions: where the post attracts a salary of over £150 000, is on the shortage occupation list, is an ICT, is an extension of the same employment with the same employer, where a Tier 1 PSW holder has worked for six months with the employer in the same employment, and - finally - where post-graduate doctors or dentists in Speciality Training are applying for further leave under Tier 2 (General) to complete/ return to their training.
• This is one of the most complex areas of Immigration Law. For this reason, a competent and pro-active Representative is a necessity for many employers who employ migrants, or who intend to do so. Please do contact White Rose Visas if you feel that you may require any advice or assistance with this process.