Tier2 Soi Transitional Measures

8/6/2019 Tier2 Soi Transitional Measures

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TIER 2 OF THE POINTS BASED SYSTEM

STATEMENT OF INTENT, TRANSITIONALMEASURES AND INDEFINITE LEAVETO REMAIN

February 2011


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Introduction ....................................................................................................................................................3

Tier 2 - Overview .............................................................................................................................................4

Tier 2 (General) - Changes affecting all migrants (except as stated) ....................................................................5

Tier 1 and Tier 2 transitional arrangements .....................................................................................................10

Appendix A: Tier 2 graduate occupations .........................................................................................................12

Appendix B: Tier 2 at a glance ........................................................................................................................15

CONTENTS


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TIER 2 - OvERvIEw

Tier 2 o the Points Based System was introducedin November 2008 and caters or skilled workerswith a job oer in the UK. Tier 2 migrants requirea Certifcate o Sponsorship (CoS) rom a licensedTier 2 sponsor and once this has been assigned theymay apply or entry clearance or leave to remain inthe UK.

This statement is concerned with the application otwo Tier 2 categories1:

Tier 2 General or workers coming to theUK to fll a vacancy that cannot be flled bya resident worker. This is normally because,having advertised the vacancy, the employerhas been unable to fnd a suitable residentworker (the Resident Labour Market Test orRLMT). Where the occupation is included onthe Governments Shortage Occupation List anemployer does not need to conduct the RLMT.

Tier 2 Intra Company Transer (ICT) orexisting company employees transerred tothe UK because, or example, they possesscompany-specifc expertise which cannot besourced rom the resident labour market atshort notice, or they are coming to the UK orcareer development purposes.

From 6 April 2011, we will change the eligibilitycriteria (e.g. minimum skills levels) and introduce

a limit on certain Tier 2 applications. All currentrequirements and procedures will continue to applyunless stated otherwise.

Introducing a limit on parts o Tier 2 means thatwe will require sponsors to check our guidancebeore they issue a CoS to see whether the rolethey wish to fll alls into the Restricted orUnrestricted category.

I the role they wish to fll is subject to the limit, thesponsor has to apply or a restricted CoS. The UKBorder Agency will assess applications or restrictedCoS once a month throughout the year (we willpublish a timetable to show when we will makethese monthly decisions).

As part o applying or a restricted CoS, a sponsor

will need to confrm that:

the occupation is on the Shortage OccupationList; or

they have carried out a Resident LabourMarket Test,

The sponsor will also be asked to confrm that

the job is on the published GraduateOccupations List o jobs eligible or Tier 2; and

the role meets the requirements or theoccupation as specifed on the ShortageOccupation List or the sponsor has carriedout a RLMT; and

the job meets the minimum applicablesalary requirements.

I sponsors apply or more CoS than we haveavailable in any given month, we will allocate CoS

according to the ranking system explained below.

I we allocate a restricted CoS to a sponsor, theywill issue it to their prospective overseas worker asthey do now.

I the UK Border Agency allocates a restrictedCoS to a sponsor, this does not mean that we haveapproved the application to bring that worker tothe UK. All Tier 2 migrants must still apply orentry clearance and that will be granted i they canshow they have sufcient points or holding a validCoS, appropriate salary or the job in question,maintenance (as now) and appropriate level oEnglish, and do not all under the general groundsor reusal.1 The changes set out in this Statement do not apply to the Tier 2

categories of Sportspeople and Ministers of Religion.


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TIER 2 (GENERAl) - CHANGES AFFECTING AllMIGRANTS (ExCEPT AS STATED)

GRADuATE OCCuPATIONS

We are raising the minimum skill level or an eligiblejob to one broadly corresponding to graduatelevel occupations. Our Graduate OccupationList was recommended by the MigrationAdvisory Committee (MAC). It contains a list oqualiying occupations by Standard Occupational

Classifcation (SOC) code and can be ound atAppendix A. Only jobs in an occupation with theseSOC Codes or on the Shortage Occupation List(see below) will be eligible within Tier 2 General.

The Tier 2 migrant does not necessarily need tohold a graduate qualifcation. So, or instance, anurse qualifed to Diploma level may continueto enter so long as the vacancy they are flling isincluded in an occupation on the list.

The Shortage Occupation List will be amended toremove those occupations not on the new GraduateOccupations List reerred to above. The MAC isalso reviewing whether those jobs currently onthe Shortage Occupation List, but not on the newGraduate Occupations List, should be retainedon the Shortage Occupation List, where somepositions may in eect skilled at the appropriatelevel. This will involve defning minimum salarylevels or some graduate-level jobs withinoccupations not on the Graduate OccupationsList. The MAC will publish its recommendations,

and the Government will respond to them, beore6 April.

ENGlISH lANGuAGE

We are raising the English language requirementsor Tier 2 (General) rom basic to intermediateEnglish at level B1 on the Common EuropeanFramework o Reerence or languages.

ENTRY ClEARANCE APPlICATIONS

We will apply a new test to all Tier 2 applicantsapplying or entry clearance or switching employers.We will replace the existing points table withthe streamlined test below. We will no longeraward points or an individuals qualifcations, soTier 2 applicants will no longer need to provide a

degree certifcate (or similar) with their entryclearance application.

Points tabe appicabe to migrants ith CoS

seeking entry cearance

Reqirement Points

Valid Certicate of Sponsorship held 30

Appropriate salary for the immigration

route and occupation (the minimum

salary for Tier 2 General will remain at20k. Different requirements apply to

ICTs. The appropriate rate in the Code of

Practice will also apply).

20

Maintenance (as now) 10

B1 level English language

(or A1 level in the case of intra-company

transfers seeking to extend their stay

beyond 3 years)

10

Minimm of 70 points reqired.

We will require that sponsors must assign arestricted Certifcate o Sponsorship (CoS) totheir prospective Tier 2 applicant within 3 monthso the UK Border Agency allocating the CoS tothe sponsor.

As at present, the prospective Tier 2 applicant mustapply or entry clearance, or leave to remain, within3 months o the CoS being assigned to them bytheir sponsor.


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Tier 2 categories affected by the imit

The Tier 2 (General) category will be subject to alimit on numbers o 20,700 in the year commencing6 April 2011.

This limit will apply to CoS or those seeking

admission to the United Kingdom as a Tier 2(General) migrant. These CoS will be knownas restricted.

Tier 2 categories not affected by the imit

Intra Company Transers;

Tier 2 migrants extending their stay with theiroriginal employer;

Tier 2 migrants with valid leave extending theirstay by switching to a new employer;

those admitted in another category o stay andapplying to switch in-country into the Tier 2(general) category;

where transitional arrangements or thosealready in the United Kingdom as a Tier 2migrant or work permit holder apply;

those seeking admission to fll a vacancyattracting a salary o 150,000 or more; or

Tier 2 Sports People or Ministers o Religion

CoS or these applications will be known asunrestricted and sponsors can issue these CoSwithout frst applying to the UK Border Agencyor permission.

Tier 2 (Genera) migrants paid more than 150,000

As well as applications or a CoS to fll a vacancythat attracts a salary o 150,000 or more notbeing restricted, we will also not apply the ResidentLabour Market Test (RLMT) requirement tothese applications.

The current limited waiver o the RLMT or jobspaid at 130,000 or more will be abolished

Appying for CoS in nrestricted categories

UKBA will be approaching registered Tier 2sponsors over the coming weeks to work out initialallocations o unrestricted CoS. Sponsors will stillbe able to apply or additional unrestricted CoSduring the fnancial year just as they have been able

to do since Tier 2 was frst introduced.

I a sponsor is ound to be issuing unrestricted CoSto Tier 2 migrants within the restricted category,consideration will be given to withdrawing theirTier 2 sponsor licence.

Operating the imit for Tier 2 Genera

The UK Border Agency will operate the limit bynot allowing any sponsor to issue a restrictedCoS unless they frst get permission using the newmonthly process.

The limit o 20,700 places will be subdivided into12 monthly allocations.

The UK Border Agencys experience is that whiledierent sectors see some seasonality o demandor CoS this tends to balance out. We will rontload the frst month, making 4,200 places available.

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

Apr11

May11

Jun11

Jul11

Aug11

Sep11

Oct11

Nov11

Dec11

Jan12

Feb12

Mar12

Certificates of sponsorship quota


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Thereater the limit will be set at 1,500 places permonth. These monthly limits will be set out in theImmigration Rules. Employers should not applyearlier than they need to and in any case not morethan 3 months beore they intend to assign the CoS.

Accessing restricted CoS

During each month, sponsors will apply to the UKBorder Agency or permission to issue a restrictedCoS. At a set and published date, the UK BorderAgency will consider all applications received bythat months deadline against the ranking criteriashown below.

We will not charge sponsors to apply or arestricted CoS, but we will continue to chargeor issuing a CoS.

I the monthly limit is undersubscribed, we willaward CoS to all qualiying applications. Anyunallocated CoS will be added to the ollowingmonths allocation, until the end o the year when aresh limit will be set.

Where the monthly limit is oversubscribed, we willaward CoS to all applications with sufcient pointsto place them above the monthly threshold (seebelow). An employer who has applied or, but notbeen allocated a CoS will have to re-apply. Theirapplication will not be automatically rolled orwardto the next month.

We expect the frst monthly allocation o CoSto take place in early April. We expect to beginaccepting applications or restricted CoS rom 16thMarch 2011.

Retrning nneeded CoS

I a sponsor is allocated a restricted CoS and then

does not use it, we will make arrangements or thesponsor to return the CoS to us so it can be used insubsequent monthly allocations.

PRIORITISING APPlICATIONS FOR

CERTIFICATES OF SPONSORSHIP

All applications or restricted CoS must scorea minimum o 32 points rom the table below.When the monthly allocation o restricted CoSis oversubscribed by eligible applications, we will

collate and prioritise application using the pointsscored in the table below.

CoS aocation points tabe

Rote Points Saary

(mandatory)

Points

SOL 75 20,000 to

20,999

2

PHD level

postingand RLMT

50 21,000 to

21,999

3

RLMT 30 22,000 to

22,999

4

23,000 to

23,999

5

24,000 to

24,999

6

25,000 to

25,999

7

26,000 to

26,999

8

27,000 to

27,999

9

28,000 to

31,999

10

32,000 to

45,999

15

46,000 to

74,999

20

75,000 to

99,999

25

100,000

to

149,999

30

Minimm 32 points reqired

Migrants can only score or one entry in eachcolumn. For example, i a job is in a shortageoccupation and is a PhD level posting, the migrantwill score 75 points rom the frst column, not 125.


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Further examples:

a RLMT migrant paid 24,500 would score36 points;

a migrant in a Shortage Occupation paid20,999 would score 77 points;

a migrant in a PhD level job paid 22,100 wouldscore 54 points;

a RLMT migrant paid 75,000 would score55 points.

This process will mean that a number oapplications scoring an equal number o pointsmay straddle the cut-o point at which applicationswould otherwise be successul.

The Immigration Rules governing the operationo limit will make it clear that all such applicationswill be approved where to do so would not causethe monthly allocation to be exceeded by more than100. In that event, the monthly allocation or theollowing month will be reduced accordingly.

For example, i Junes allocation o 1500 isexceeded by 70 CoS, then Julys allocation will bereduced rom 1500 to 1430.

Where granting all applications scoring an equalnumber o points would mean that we wouldexceed the monthly allocation by more than 100, allthose applications will be reused and instead thebalance o the monthly allocation will be carriedover to the next monthly allocation.

For example, i Octobers allocation is held at 1,450because there are more than 150 applications at thenext score on the table above, then Novembersallocation will be increased to 1,550.

The points table is structured so as to prioritiseShortage Occupations and then high level researchposts or highly qualifed individuals on lower rateso pay. The list o PhD level jobs includes alljobs in the ollowing SOC codes, regardless owhether the individual themselves holds a PhD ornot. This means that, or example, applications orresearchers who have not yet completed their PhDswill still score the additional points.

1137 Research and Development Managers

2111 Chemists

2112 Biological Scientists and Biochemists

2113 Physicists, Geologists and

Meteorologists

2311 Higher Education TeachingProessionals

2321 Scientifc Researchers

2322 Social Science Researchers

2329 Researchers not elsewhere classifed

TIER 2 INTRA COMPANY TRANSFER (ICT)

We are changing the ICT route in two ways:

First, as or Tier 2 General, the job will have to bein an occupation on the Graduate Occupation List.

Second, we will grant those paid between 24k and40k leave no longer than 12 months; at whichpoint they must leave the UK and will not be ableto re-apply or urther leave as an ICT until 12months ater their last leave as an ICT expired.Those paid more than 40k will be granted leaveor up to 3 years with the possibility o extendingor a urther two; they will not be able to extendbeyond 5 years, and will not be able to re-apply toreturn to the UK as an ICT until 12 months atertheir last leave as an ICT has expired.

Visas will continue to be multiple entry givingexibility or those who want to make severalshorter stays.

The current ICT sub-routes or graduate traineesand skills transer will remain.

The conditions applying to the short and long termICT routes are summarised in the table below.


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We will not apply the new Rules to ICTs already in the UK.

Stage Shorter term ICTs longer term ICTs

Entry cearance Must be paid over 24k; No more than 40% of the salary

package may be comprised of

accommodation allowances (as now);

Must meet points test (Table 2above).

Must be paid over 40k; No more than 30% of the salary

package may be comprised of

accommodation allowances (as now);

Must meet points test (Table 2above).

Initia grant of eae Up to12 months, multiple-entry. Up to 3 years, multiple-entry.

At end of that period Must leave the UK, cannot extendbeyond a total of 12 months stay in

the UK.

May extend for a further two years After ve years they cannot extend

and must leave the UK.

Retrning to the uK as

an ICT

Not as short-term ICT within 12months of expiry of last leave as an

ICT.

If salary increased above 40k duringperiod of leave as short-term ICT,

cannot extend but can apply out of

country to return as long-term ICT.

Not as an ICT within 12 months ofexpiry of last period of leave as an

ICT.

Sitching in to Tier 2

Genera

No No


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TIER 1 AND TIER 2 TRANSITIONAlARRANGEMENTS

We will not apply the new requirements describedabove to migrants already in the UK with leavegranted under Tier 1 or Tier 2 beore 6 April 2011.

We will consider applications or entry clearance oror leave to remain under Tier 1 and Tier 2 madeon or ater 6 April 2011 in accordance with thenew Rules in orce ater that date. This means that

i a migrant applies or entry clearance or leave toremain under Tier 2 on or ater the 6 April 2011, wewill consider their application under the new rules,even i they hold a CoS issued beore 6 April.

There will be transitional arrangements or thosealready in the routes as ollows:

TIER 1

The Tier 1 (General) route will remain open inorder to enable those with existing leave to enteror remain under Tier 1 (General), or its pre-PBSpredecessor categories2 to extend their leave. Thepoints threshold or extensions will, however,be raised to 100 or those who were requiredto score 100 points when they were originallygranted Tier 1 (General) leave. The pointsrequirements will otherwise be unchanged.

Those not already in Tier 1 (General) or a pre-PBS predecessor category will not be able toswitch into it ater 6 April 2011. This includes

those with existing leave to enter or remainin the Tier 1 (Post Study Work) category orits predecessor categories, and those in Tier4. They will not be able to switch into Tier 1(General), but will be permitted to switch intoTier 2 (General). The allocation o a CoS or thepurpose o such a switching application will notcount towards the annual limit in 2011/12 norwill it be subject to the RLMT where the workeris switching rom a Post-Study Work categoryand has been in post or six months or more.

TIER 2

The new Tier 2 criteria (i.e. the requirementto be in a graduate level occupation, the newsalary thresholds and the requirement to havecompetence in English language to level B1)and the limit will not apply to those with leaveunder Tier 2 or as a work permit holder granted

beore 6 April 2011 and are seeking to extendtheir stay as a Tier 2 migrant

These requirements will also not apply to Tier2 migrants or work permit holders grantedleave beore 6 April 2011who are applying orleave to remain as a Tier 2 migrant in orderto change their employer. Any such changeo employment application will, however, besubject to the RLMT requirement as at present;

The new requirements or intra-companytransers will not apply to those granted entryclearances beore 6 April 2011. Those grantedentry clearance in the Tier 2 Intra-CompanyTranser category beore 6 April 2011 willcontinue to be able to apply or extensions ostay beyond 5 years; those admitted under theRules in place beore 6 April 2010 (when therelevant Rules change was made) will continueto be able to qualiy or settlement ater 5 yearsleave in that category.

INDEFINITE lEAvE TO REMAIN (SETTlEMENT)

On the 23 November 2010, the Home Secretaryset out the Governments intention to restrictsettlement and to end the link between temporarymigration or work or study and staying in the UKpermanently. As a frst step towards achieving theseobjectives, there will be some preliminary tighteningo the settlement rules rom April 2011 which willaect those submitting applications or settlementon or ater 6 April.

2 The Highly Skilled Migrant Programme (HSMP) and the

categories for Writers, Composers and Artists and Self-Employed

Lawyers.


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We will consult later in the year on urthersettlement reorms. However, those makingapplications or leave to enter or who are alreadyin the UK and apply to switch into an alternativeroute on or ater 6 April 2011 should be aware thatthe opportunity to apply or settlement and therequirements or applicants may change. Applicants

will need to meet the rules in place at the time otheir application or settlement.

CHANGES TO THE SETTlEMENT RulES FROM

APRIl 2011

Rules and guidance changes eective romApril 2011 will:

introduce a new income requirement or Tier1 (General), Tier 2 (General) and Work Permit

holders applying or settlement;

amend the Knowledge o Language and Lie inthe UK requirement or Tier 1 (General), Tier 2(General) and Work Permit holders; and

clariy the criminality test applied to allapplicants or settlement.

Income reqirement

We will introduce a new income requirement orTier 1 (General), Tier 2 (General) and Work Permitholders applying or settlement. Although grantedleave to enter or remain with the intention that theyshould undertake skilled or highly skilled work, thesegroups currently are not required to demonstratethis at the settlement stage. An income requirementwill help ensure that these migrants have continuedto work in skilled or highly skilled occupationsby confrming their income is at least the levelstipulated when they were last granted leave.

From April, we intend to apply the same incomecriteria or settlement as we do when an applicantapplies or urther leave to remain. We will clearlyset out these requirements in the orthcomingStatement o Changes to the Immigration Rulesand in guidance, however, in general terms:

Tier 1 (General) migrants will need to scorepoints against the same criteria as their lastapplication as set out in Appendix A o theImmigration Rules;

Tier 2 (General) and Work Permit migrants willneed to be paid the appropriate salary or theoccupation as set out in the relevant Code oPractice or sponsored skilled workers.

Engish langage

Those here under Tier 1 and Tier 2 o the PointsBased System and as Work Permit holders whoapply or settlement are required to demonstrate aKnowledge o Language and Lie in the UK priorto being granted settlement. From April, they will

be able to meet this requirement only by completingthe Lie in the UK Test. They will no longer beable to rely on taking an English or Speakers oOther Languages (ESOL) with citizenship course.This will ensure that all Tier 1, Tier 2 and WorkPermit migrants meet at least English level B1 othe Common European Framework o Reerenceor languages, as this is the level at which we set theLie in the UK Test. Dependants o Tier and Tier 2migrants will be unaected by this change.

Criminaity test

We will reorm the current criminality thresholdor settlement to bring it more in line with that orcitizenship (naturalisation) applicants. All migrants(except reugees) will need to be ree o unspentconvictions when applying or settlement. Thosewho are not, and have no other legitimate basis ostay here, will be expected to leave the UK.


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APPENDIx A:TIER 2 GRADUATE OCCUPATIONS

SOC code

1111

1112

1113

11141121

1122

1123

1131

1132

1133

1134

1135

1136

1137

1141

1142

1151

1152

1161

1171

1172

1173

1174

1181

1182

1183

1184

1185

1212

1219

1222

1231

1235

1239

Occpation

Senior ofcials in national government

Directors and chief executives of major organisations

Senior ofcials in local government

Senior ofcials of special interest organisationsProduction, works and maintenance managers

Managers in construction

Managers in mining and energy

Financial managers and chartered secretaries

Marketing and sales managers

Purchasing managers

Advertising and public relations managers

Personnel, training and industrial relations managers

Information and communication technology managers

Research and development managers

Quality assurance managers

Customer care managers

Financial institution managers

Ofce managers

Transport and distribution managers

Ofcers in armed forces

Police ofcers (inspectors and above)

Senior ofcers in re, ambulance, prison and related services

Security managers

Hospital and health service managers

Pharmacy managers

Healthcare practice managers

Social services managers

Residential and day care managers

Natural environment and conservation managers

Managers in animal husbandry, forestry and shing n.e.c.

Conference and exhibition managers

Property, housing and land managers

Recycling and refuse disposal managers

Managers and proprietors in other services n.e.c.


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SOC code

2111

2112

2113

2121

2122

2123

2124

2125

2126

2127

2128

2129

2131

2132

2211

2212

2213

2214

2215

2216

2311

2312

23132314

2315

2316

2317

2319

2321

2322

2329

2411

2419

2421

2422

2423

2431

2432

2433

2434

2441

2442

2443

2444

Occpation

Chemists

Biological scientists and biochemists

Physicists, geologists and meteorologists

Civil engineers

Mechanical engineers

Electrical engineers

Electronics engineers

Chemical engineers

Design and development engineers

Production and process engineers

Planning and quality control engineers

Engineering professionals n.e.c.

IT strategy and planning professionals

Software professionals

Medical practitioners

Psychologists

Pharmacists/pharmacologists

Ophthalmic opticians

Dental practitioners

Veterinarians

Higher education teaching professionals

Further education teaching professionals

Education ofcers, school inspectorsSecondary education teaching professionals

Primary and nursery education teaching professionals

Special needs education teaching professionals

Registrars and senior administrators of educational establishments

Teaching professionals n.e.c.

Scientic researchers

Social science researchers

Researchers n.e.c.

Solicitors and lawyers, judges and coroners

Legal professionals n.e.c.

Chartered and certied accountants

Management accountants

Management consultants, actuaries, economists and statisticians

Architects

Town planners

Quantity surveyors

Chartered surveyors (not quantity surveyors)

Public service administrative professionals

Social workers

Probation ofcers

Clergy


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SOC code

2451

2452

3121

3123

3131

3211

3212

3213

3214

3215

3218

3221

3222

3223

3229

3319

3411

3412

3413

3414

3415

3416

34223431

3432

3433

3512

3513

3531

3532

3534

3535

3537

3539

3541

3543

3551

3561

3564

3565

3566

3567

3568

Occpation

Librarians

Archivists and curators

Architectural technologists and town planning technicians

Building inspectors

IT operations technicians

Nurses

Midwives

Paramedics

Medical radiographers

Chiropodists

Medical and dental technicians

Physiotherapists

Occupational therapists

Speech and language therapists

Therapists n.e.c.

Protective service associate professionals n.e.c.

Artists

Authors, writers

Actors, entertainers

Dancers and choreographers

Musicians

Arts ofcers, producers and directors

Product, clothing and related designersJournalists, newspaper and periodical editors

Broadcasting associate professionals

Public relations ofcers

Aircraft pilots and ight engineers

Ship and hovercraft ofcers

Estimators, valuers and assessors

Brokers

Finance and investment analysts/advisers

Taxation experts

Financial and accounting technicians

Business and related associate professionals n.e.c.

Buyers and purchasing ofcers

Marketing associate professionals

Conservation and environmental protection ofcers

Public service associate professionals

Careers advisers and vocational guidance specialists

Inspectors of factories, utilities and trading standards

Statutory examiners

Occupational hygienists and safety ofcers (health and safety)

Environmental health ofcers


15/1715

The table below summarises Tier 2 as it will be or those applying on or ater 6 April 2011.

Rote within imit Minimm

saary

Grants of

eae

Cooing off

period

Etension

criteria

Settement Dependants

Tier 2

Genera

ot of

contry

(unless

salary of

150,000

or above)

20,000 or

appropriate

rate as

per Code

of Practice(whichever is

higher).

3 years

followed by

2 years.

Certicate of

Sponsorship

for continu-

ing period.

Control testsincluding

appropriate

rate.

After 5

years, but

subject to

review.

Tier 2

Genera in

contry

Exempt 20,000 or

appropriate

rate as

per Code

of Practice

(whichever is

higher).

3 years

followed by

2 years.

Certicate of

Sponsorship

for continu-

ing period.

Control tests

including

appropriate

rate.

After 5

years, but

subject to

review .

Tier 2 IntraCompany

transfer

longer term

Exempt 40,000including

permitted

allowances.

3 yearsfollowed by

2 years.

1 year afterleaving the

UK upon

expiry of

leave

Certicate ofSponsorship

for continu-

ing period.

Control tests

including

appropriate

rate. Can-

not extend

beyond 5

years.

This routedoes not

lead to

settlement.

Tier 2 Intra

Company

transfer -Shorter term

Exempt 24,000

including

permittedallowances.

1 year only 1 year after

leaving the

UK uponexpiry of

leave

Certicate of

Sponsorship

for continu-ing period.

Control tests

including

appropriate

rate. Cannot

extend be-

yond 1 year.

This route

does not

lead tosettlement.

APPENDIx B:TIER 2 AT A GLANCE


16/1716

Employers issued with

CoS at beginning of their

sponsorship year.

Appications sbject to

the imit

Employer identies

vacancy and conductsRLMT (if required)

Appications not sbject

to the imit

Employers issued with

unrestricted CoS(covering Intra-company

transfers, in-country

extensions/switchers,

exempt sub-categories

and those paid 150k

or more).

Pre-imits Process Proposed ne Process

Employer identies

vacancy and conducts

RLMT (if required).

Employer applies for

restricted CoS from

monthly pool.

Application for restricted

CoS assessed against

points table (if monthly

pool oversubscribed).

Employer issued with

CoS from monthly pool.

Employer assigns CoS

to migrant.

Employer identies

vacancy.

Employer assigns CoS

to migrant within 3

months of its allocation

to employer.

Migrant self assesses

against points table.

Migrant applies for

EC within 3 months of

receipt of CoS.

EC issued.

Migrant self assess

against points table.

Migrant applies for EC

using supporting CoS

within 3 months of

receipt of CoS.

EC issued.


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Produced by UK Border Agency, Immigration Group Crown copyright 2011www.ukba.homeofce.gov.uk

Documents

Tier2 Soi Transitional Measures