TIER 2 Tier 2 of the Points Based System Policy Guidance 011108
Contents Introduction...4 General Guidance to Applicants of the Points Based System...5 Self-assessment... 5 Documents we require... 5 Verification and other checks... 6 Additional evidence for sponsored students... 8 Administrative review (entry clearance applications only)... 8 Appeal rights (in-country applications)... 8 Date of application... 8 Sponsorship...10 The role of the sponsor... 10 The certificate of sponsorship... 10 Sponsorship duties...11 Sponsor s licence... 12 Termination of employment... 14 Visiting officer visits... 14 Tier 2 Overview of Terms and Conditions...15 Points Scoring...18 Points available for Tier 2 (General) and Tier 2 (Intra company Transfer)... 19 Attributes for Tier 2 (General) and Tier 2 (Intra company transfers)...22 Shortage occupations... 22 Resident labour market test... 22 Switching from a post study category... 22 Intra Company Transfers... 23 Qualifications... 24 Prospective earnings... 26 Tier 2 Policy Guidance page 2 of 45
Tier 2 (Sportsperson)...29 Tier 2 (Minister of Religion)...29 English Language Requirement...30 English language assessment... 30 National of a majority English speaking country... 31 English language test... 31 Degree taught in English... 32 Maintenance (Funds)...35 Maintenance requirement... 35 Age Requirements...38 Supplementary Employment...38 Secondary Employment...38 Change of Employment...38 Change of Circumstances...38 Multiple Periods of Employment in the United Kingdom...39 Absences from the United Kingdom...39 Transitional Arrangements...40 Transitional arrangements - Tier 2 (General)... 40 Change of employment under the transitional arrangements... 41 Transitional arrangements - Tier 2 (Intra Company Transfer)... 41 Transitional arrangements - Tier 2 (Minister of Religion)... 41 Transitional arrangements - Tier 2 (Sportsperson)... 41 Transitional arrangements - senior care workers under Tier 2 (General) and Tier 2 (Intra Company Transfer)... 41 Transitional arrangements - established entertainers under Tier 2 (General) and Tier 2 (Intra Company Transfer)... 42 Annex A: Administrative Review...43 Tier 2 Policy Guidance page 3 of 45
Introduction 1. This document provides policy guidance on Tier 2 (Skilled Workers) of the points based system. Please note that it reflects policy at the time of publication and is subject to change. For the purpose of these guidance notes, the terms we, us and our refer to the UK Border Agency. It should be read in conjunction with the relevant paragraphs of the Immigration Rules. 2. An applicant making an application from outside the United Kingdom for entry clearance should go to the International Group website (formerly known as UK Visas) at www.ukvisas. gov.uk/en/howtoapply/vafs, where he/she can find the forms and more information on how to fill them in. Ministers of Religion for those people coming to fill a vacancy as a Minister of Religion, Missionary, or Member of a Religious Order. 6. Applicants in all the points based system categories will be subject to General Grounds for Refusal. This means that even if the applicant qualifies under the specific category of the Rules under which he/she is applying to come here, there may be other reasons (such as his/her previous immigration history), that may lead to the application being refused. Further information on General Grounds for Refusal is available on our website at http:// www.ukba.homeoffice.gov.uk/sitecontent/ documents/policyandlaw/idis/idischapter9/. 3. An applicant making an application from inside the United Kingdom for an initial grant of leave, an extension of his/her existing leave or a change of employment should go to our website to find the application form at: http:// www.ukba.homeoffice.gov.uk/workingintheuk/ tier2/. 4. Under Tier 2 (Skilled Workers) an applicant must have both a sponsor and a valid certificate of sponsorship before applying. 5. Tier 2 (Skilled Workers) has four categories: General for people coming to the United Kingdom with a job offer to fill a gap that cannot be filled by a settled worker. This category is also for applicants coming to fill shortage occupations. Intra Company Transfers - for employees of multi-national companies who are being transferred by an overseas employer to a skilled job in a United Kingdom based branch of the organisation. Sportsperson - for elite sportspeople and coaches whose employment will make a significant contribution to the development of their sport at the highest level. Tier 2 Policy Guidance page 4 of 45
General Guidance to Applicants of the Points Based System Self-assessment 7. We have a points based calculator that enables an applicant to self-assess whether he/ she is likely to score enough points for his/her application to succeed. 8. The points based calculator is on our website at: http://www.ukba.homeoffice.gov.uk/ pointscalculator. 9. An applicant can enter details, appropriate to his/her tier and category on: qualifications; prospective earnings; whether the intended employment is in a shortage occupation; whether he/she is the subject of an Intra Company Transfer; whether his/her prospective employer has completed a resident labour market test; whether he/she is switching from a post study category 1 ; whether he/she has a valid certificate of sponsorship; 10 points for English language (Appendix B of the Immigration Rules); and 10 points for maintenance (funds) (Appendix C of the Immigration Rules); If an applicant is applying for permission to come to the United Kingdom under Tier 2 (Intra Company Transfer), or extending his/ her permission to stay, he/she does not have to meet the English language requirement if his/her extension does not take the length of stay to more than three years. 12. The results of the points based calculator show the possible points an applicant might score and does not guarantee the application will be successful. We make a decision after receiving the full application and the evidence to support it. Documents we require 13. The applicant must ensure he/she provides all of the necessary supporting documents at the time he/she sends us the application. We will only accept the documents specified in this guidance. 14. If the applicant does not provide the specified documents, we will not contact him/ her to ask for them. Therefore, if the applicant fails to send the correct documents we may refuse the application. his/her English language ability; whether he/she has enough money to support himself/herself in the United Kingdom. 10. The points based calculator will provide a summary of the information an applicant enters, the points awarded for each section, and the overall score. 11. Under Tier 2 (Skilled Workers) an applicant must score: at least 50 points for attributes (Appendix A of the Immigration Rules); and 1 For the purpose of this guidance, a post study category includes Tier 1: Post Study, Fresh Talent Working in Scotland Scheme, and International Graduate Scheme (formally known as Science and Engineering Graduate Scheme). Tier 2 Policy Guidance page 5 of 45 15. Any documentary evidence that the applicant provides must be the original (not a copy) unless we say otherwise. 16. Where a document is not in English or Welsh, the original must be accompanied by a fully certified translation by a professional translator. This translation must include details of the translator s credentials and confirmation that it is an accurate translation of the original document. It must also be dated and include the original signature of the translator. 17. We only need evidence that is directly relevant to the application, as set out in this guidance. We will not consider unrelated evidence when calculating the points score.
Verification and other checks 18. We aim to consider applications quickly. However, we must also be confident that applications meet the requirements of the Immigration Rules, and that the information an applicant provides is a true reflection of his/her background. 19. We will ask for a variety of verifiable documents to enable us to consider the application. 20. We may want to check the supporting documents an applicant sends with his/her application. Therefore, he/she must ensure that all the evidence comes from a source that can be clearly identified and that it can be independently confirmed as being genuine. 21. There are two situations in which we will undertake a check: Verification checks where we have reasonable doubts that the documents are genuine; or Other checks where we carry out further checks, for example, where we have doubts about an application or the documents sent with the application but the doubts are not serious enough for us to make a verification check. Verification checks 22. Where we have reasonable doubts that a specified document is genuine we may want to verify the document with an independent person or government agency. 23. The purpose of these checks is to ensure that the document provided is genuine and accurately reflects statements made in the application. If the document is being used as evidence to score points, we also want to ensure that it entitles the applicant to claim those points. 24. Verification may delay our decision on an application so we will only do it when there are clear reasons for it. Reasonable doubt 25. There are many reasons why we may doubt that a specified document is genuine and what we consider to be a reasonable doubt will depend on an individual application. However, our judgments will be based on the facts we have. Outcome of verification check 26. There are three possible outcomes of a verification check: Document confirmed as genuine. If we can conclude that the document is genuine, we will consider the application as normal. Document confirmed as false. If we can conclude that the document is false, we will refuse the application, whether or not the document is essential to the application. If a document is confirmed as false we will normally refuse the application for more than one reason. For example, if an applicant sends us a bank statement to show that he/ she has enough funds available, and we have evidence that the statement is false, we will refuse the application because the applicant does not meet the funds requirement and because he/she has sent a false document. Verification check inconclusive. If we cannot verify that the document is either genuine or false then we will ignore it as evidence for scoring points. If the applicant has sent other specified documents as evidence for scoring the relevant points, we will consider these as normal. If the applicant has not sent any other documents, we will award zero points in that area. Refusing applications without making verification checks 27. We may refuse an application without making verification checks in two circumstances: Tier 2 Policy Guidance page 6 of 45
Where we are concerned about a piece of evidence but would in any event refuse the application for other reasons, those reasons will form the basis of the refusal. We will not make verification checks in these circumstances. However, we will always verify passports if we doubt they are genuine. Where there is evidence that proves a particular document is false. If we can confirm that a document is false we will normally refuse the application for more than one reason. For example, if an applicant sends us a bank statement to show that he/ she has enough funds available, and we have evidence that the statement is false, we will refuse the application because the applicant does not meet the funds requirement and because he/she has sent a false document. Other checks 28. We will make other checks where, for example we have doubts about an application or the documents sent with the application but these are not serious enough for us to make a verification check. 29. These checks may delay our decision on an application so we will only make them when we have clear reasons to do so. Extra checks 30. Sometimes we will have suspicions about a document, but they will not be enough to make us doubt that it is genuine. For example, this may be because previous verification checks have found that some supporting evidence is invalid and some is genuine, or where evidence provided contradicts information we already have. In these cases, we may carry out more checks. Outcome of other checks 31. There are four possible outcomes of these checks: Document confirmed as genuine. If we can conclude that the document is genuine, we will consider the application as normal. Document confirmed as false. If we can conclude that the document is false, we will refuse the application, whether or not the document is essential to the application. If a document is confirmed as false we will normally refuse the application for more than one reason. For example, if an applicant sends us a bank statement to show that he/ she has enough funds available, and we have evidence that the statement is false, we will refuse the application because the applicant does not meet the funds requirement and because he/she has sent a false document. Check inconclusive. If we cannot verify that the document is either genuine or false then we will consider the application as if it is the document is genuine. Check gives us cause to have reasonable doubt about the genuineness of a specified document. If we cannot verify that the document is either genuine or false but as a result of the checks we find other reasons to doubt the genuineness of a particular specified document, we may decide to make a verification check. Procedure for verification and other checks 32. The procedures for both verification checks and other checks will usually be similar and will vary from case-to-case, but they may involve: checking the details or genuineness of documents with employers, the relevant embassy or high commission, other government departments (in the United Kingdom and overseas); and checking the accuracy and authenticity of documents with banks, universities and professional bodies. Standard procedure 33. We will use a standard form to record the results of our enquiries, to ensure that we record any feedback consistently. Tier 2 Policy Guidance page 7 of 45
34. If we cannot obtain an immediate answer to enquiries, we will normally wait for up to a maximum of four weeks for the necessary information. 35. Our compliance team may visit the applicant s employer or educational institution (if the applicant is a student) before we make a decision on the application. Additional evidence for sponsored students 36. For the purposes of this section of the guidance, sponsored means wholly supported by an award that covers both fees and living costs. 37. An applicant who has had permission to be in the United Kingdom in one of the following categories, within the last 12 months, may have been sponsored in his/her studies by a Government or an international scholarship agency: student (or Tier 4 when introduced); or student nurse; or student re-sitting an examination; or student writing up a thesis; or postgraduate doctor or dentist. If the applicant is currently sponsored by a Government or an international scholarship agency, or such sponsorship ended within the past 12 months of this application being made, the applicant must provide us with the sponsor s unconditional consent in writing to us, giving the applicant permission to remain in or re-enter the United Kingdom. If the sponsor does not give unconditional consent or gives permission for a limited time, we will refuse the application. 38. The evidence must be original, on the official letter-headed paper or stationery of the organisation and have the official stamp of that organisation. It must have been issued by an authorised official of that organisation. 39. If an applicant has received private sponsorship during his/her studies (for example from an employer or relative), we do not require the sponsor s consent. 40. For more advice on sponsored students, see chapter 3, section 3 of the Immigration Directorate Instructions, which you can find on our website, at http://www.ukba.homeoffice.gov. uk/sitecontent/documents/policyandlaw/idis/ idischapter3/. Administrative review (entry clearance applications only) 41. If we refuse an application for entry clearance and the applicant thinks that a mistake has been made, the applicant can ask us to check our decision. This is known as an administrative review. Full guidance on administrative reviews can be found at Annex A. Please note applicants who are already in the United Kingdom cannot apply for an administrative review. Appeal rights (in-country applications) 42. If we refuse an application for leave to remain and the applicant thinks that a mistake has been made, the applicant may be able to appeal against our decision. Details on how and if an applicant can appeal against our decision will be included with his/her reasons for refusal letter. Date of application 43. The date of application will be taken to be the following: For applications made in the UK: where the application form is sent by post, the date of posting; or where the application form is sent by courier, the date on which it is delivered to the UK Border Agency of the Home Office; For applications made outside the UK: Tier 2 Policy Guidance page 8 of 45
the date that the fee associated with the application is paid and the applicant s biometric details taken. Tier 2 Policy Guidance page 9 of 45
Sponsorship The role of the sponsor 44. To apply under Tier 2, an applicant must have a sponsor. A sponsor is an United Kingdom based organisation that wishes to employ the applicant in the United Kingdom. 45. In order to sponsor applicants, an employer will need to have registered as a licensed sponsor. The sponsor will need to meet the requirements for the particular category within Tier 2 and accept certain responsibilities to help with immigration control. 46. Find more information for sponsors on our website at: http://www.ukba.homeoffice.gov. uk/employers/. 47. The sponsor will need to assign a certificate of sponsorship before the applicant can apply for leave under Tier 2. The certificate of sponsorship will act as an assurance that the applicant is able to undertake a particular job and intends to do so. The certificate of sponsorship 48. The certificate of sponsorship is not an actual certificate or paper document but is a virtual document similar to a database record. Each certificate of sponsorship has a unique reference number and contains information about the job for which the certificate of sponsorship is being issued and the applicant s personal details. 49. We will not provide the applicant with his/ her certificate of sponsorship reference number as this is the responsibility of his/her sponsor. 50. The sponsor may also need to provide an applicant with some of the information declared when the certificate of sponsorship was assigned, for example, the applicant s wage. The applicant may need this information to accurately complete the points based calculator and the application form. What is a live certificate of sponsorship? 51. Within the Sponsorship Management System (the system that sponsors use to assign a certificate of sponsorship) an applicant can only have one live certificate of sponsorship for a given period of leave. A certificate of sponsorship is live when a sponsor has assigned it to an applicant, but that applicant has not yet used that certificate of sponsorship s reference number to make an application for leave. 52. If an applicant has given his/her personal details to one prospective sponsor, and that sponsor assigns a certificate of sponsorship reference number to that applicant, then no other prospective sponsor will be able to assign a certificate of sponsorship to that applicant for the same period of leave. It is very important that where possible an applicant only gives his/her personal details (for example passport number) to a prospective sponsor with whom he/she intends to work. 53. If an applicant does not want to take up the job because he/she wishes to take up an offer of a job from a different sponsor, he/ she must ask the sponsor to withdraw the certificate of sponsorship. The applicant must contact the sponsor in writing or by email and give the sponsor five working days to action this request. If the sponsor fails to action this request, the applicant should send a reminder to the sponsor. The sponsor will have a further five working days to action the request. If the sponsor refuses or fails to withdraw the certificate of sponsorship within the specified time, the applicant should contact the Sponsor Licensing Unit. The Sponsor Licensing Unit will cancel the certificate of sponsorship if necessary after discussions with the sponsor. 54. The applicant should contact the Sponsor Licensing Unit either by: email: sponsorlicensing@ukba.gsi.gov.uk; or Tier 2 Policy Guidance page 10 of 45
post: Sponsor Licensing Unit UK Border Agency North East, Yorkshire and Humber Region PO Box 3468 Sheffield S3 8WA The applicant must provide the following information when contacting the Sponsor Licensing Unit: full name; nationality; the name of the sponsor he/she no longer wishes to work for; the certificate of sponsorship reference number he/she wishes to be cancelled; the name of the sponsor he/she wishes to work for; the reason why he/she wishes the certificate of sponsorship to be cancelled; the date he/she first contacted the sponsor to request the certificate of sponsorship be cancelled; the date he/she contacted the sponsor again to remind it to cancel the certificate of sponsorship. 55. The applicant must also provide the Sponsor Licensing Unit with a copy of any correspondence sent to his/her sponsor, which must clearly show who the correspondence was addressed to within the sponsoring organisation. The applicant must also provide any correspondence from that sponsor in connection with those requests (for example, acknowledgement email or letter). 56. If the applicant does not want to come to the United Kingdom, he/she should tell his/ her sponsor that he/she will not travel, and ask the sponsor to withdraw the certificate of sponsorship. Applicants do not need to contact the Sponsor Licensing Unit as the certificate of sponsorship will automatically expire three months after it was assigned. A withdrawn/cancelled certificate of sponsorship 57. A certificate of sponsorship can be withdrawn/cancelled at any time by either us or the sponsor. Where a certificate of sponsorship has been withdrawn/cancelled, the same procedures apply to the applicant as where a certificate of sponsorship becomes invalid. What is a valid certificate of sponsorship? 58. that: A valid certificate of sponsorship is one has the same details on it as in the applicant s passport; and was assigned no more than three months before the date of application; and has not been withdrawn/cancelled by the sponsor or us. 59. The certificate of sponsorship will expire if it is not used for a leave application within three months of it being assigned. If the applicant submits an application using a certificate of sponsorship that has expired, the application will be refused. The applicant must get a new certificate of sponsorship from his/her sponsor. 60. The fact that a certificate of sponsorship has been issued does not guarantee that the applicant will succeed in obtaining entry clearance, or leave to remain. The applicant must meet the conditions for the category and tier and apply for entry clearance or leave to remain. Sponsorship duties 61. The sponsor has a number of record keeping and reporting duties for the applicants that it sponsors. 62. Record keeping duties include keeping copies of the applicant s passport or United Kingdom immigration status document, and contact details. Reporting duties include reporting to us: Tier 2 Policy Guidance page 11 of 45
if a sponsored migrant does not turn up for his/her first day of work; if a sponsored migrant is absent from work for more than 10 working days, without the sponsor s reasonably granted permission; if a sponsored migrant s period of engagement (including where the migrant resigns or is dismissed) or if any registration he/she needs to work in the United Kingdom (such as with a governing body) is ended; if the sponsor stops sponsoring the migrant for any other reason (for example, if the migrant moves into an immigration route that does not require a sponsor); if there are any significant changes in the migrant s circumstances, for example, a change of job or salary (but not job title or annual pay rise); if the sponsor has any information which suggests that a migrant is breaching the conditions of his/her leave; if the sponsor has any information which suggests that the migrant may be engaging in terrorism or other criminal activity, it must give the police any information it may have. 63. The applicant must give his/her sponsor all the information needed for his/her sponsor to be able to fulfil the above duties. 64. The applicant may wish to report any instances where he/she believes that the sponsor is not complying with its duties, or has provided false information to us about him/her. 65. Applicants, or any member of the public, can contact the Intelligence Unit about abuse of the points based system either by: email: workabuse@homeoffice.gsi.gov.uk; or post: UK Border Agency Intelligence Unit PO Box 3468 Sheffield S3 8WA telephone: 0114 207 2934 fax: 0114 207 2935 Alternatively applicants can contact the Sponsor Licensing Unit either by: e-mail: sponsorlicensing@ukba.gsi.gov.uk; or post: Sponsor Licensing Unit UK Border Agency North East, Yorkshire and Humber Region PO Box 3468 Sheffield S3 8WA 66. Find a full list of the sponsorship record keeping and reporting duties on our website at: www.ukba.homeoffice.gov.uk/employers/points/ sponsoringmigrants/sponsorshipduties/. Sponsor s licence 67. There are certain circumstances in which the status of the sponsor s licence may have an effect on the applicant. These are detailed below. If a sponsor s licence is suspended 68. When a sponsor has its licence suspended, it will not be able to assign any new certificates of sponsorship, but this does not immediately affect anyone that it is sponsoring at that time. 69. An applicant can continue to submit applications for leave to remain during the time the sponsor s licence is suspended if his/her leave is due to expire. 70. If an applicant submits an application for entry clearance or leave to remain while the sponsor s licence is suspended, we will not consider the application. We will hold the application until the suspension is removed. 71. If we can, we will try to contact an applicant granted entry clearance relying on a certificate of sponsorship from a sponsor assigned prior to its licence being suspended Tier 2 Policy Guidance page 12 of 45
before he/she travels to the United Kingdom. We will advise him/her not to travel to the United Kingdom until we have resolved the suspension of the sponsor s licence. 72. An applicant who has already travelled to the United Kingdom will be allowed to enter the United Kingdom and start work for the sponsor. 73. If the sponsor s licence is withdrawn however, the certificate of sponsorship will be cancelled and the application will be refused. If the application is made while the applicant is in the United Kingdom, and it is refused, we may curtail the applicant s leave: to 60 days where the applicant was not complicit in the actions that resulted in the sponsor having its licence withdrawn. If the applicant has less than 6 months of his/her leave remaining, we will not curtail this leave. An applicant may wish to make a further application for leave; or with immediate effect where we consider the applicant to have been complicit. If we are thinking about taking action against a sponsor 74. If we notify a sponsor that we are considering taking action against it, which may lead to the withdrawal of its licence, we will not consider any application for entry clearance or leave to remain made by an applicant to whom that sponsor has assigned a certificate of sponsorship. We will hold the application until a decision on the sponsor s licence is made. 75. If we can, we will try to contact an applicant granted entry clearance relying on a certificate of sponsorship from a sponsor assigned prior to its licence being suspended before they travel to the United Kingdom. We will advise him/her not to travel to the United Kingdom until we have made a decision on the sponsor s licence. 76. An applicant who has already travelled to the United Kingdom will be allowed to enter the United Kingdom and start work for the sponsor. 77. An applicant can submit applications for leave during this time. If the sponsor s licence is withdrawn however, the certificate of sponsorship will be cancelled and the application will be refused. If the application is made while the applicant is in the United Kingdom, and it is refused, we may curtail the applicant s leave: to 60 days where the applicant was not complicit in the actions that resulted in the sponsor having its licence withdrawn. If the applicant has less than 6 months of his/her leave remaining, we will not curtail this leave. An applicant may wish to make a further application for leave; or with immediate effect where we consider the applicant to have been complicit. If a sponsor s licence is withdrawn 78. If a sponsor has its licence withdrawn, any certificates of sponsorship it has issued will become invalid. This affects both applicants who have yet to apply for entry clearance or leave to remain, and applicants who are already working for the sponsor. 79. We will refuse any application for entry clearance or leave to remain made by an applicant using an invalid certificate of sponsorship. 80. Where an applicant has already been granted entry clearance but has not travelled to the United Kingdom, the entry clearance will be revoked. Where the applicant has already travelled to the United Kingdom, he/she will not be allowed to enter the United Kingdom. 81. Where an applicant is in the United Kingdom and working for a sponsor when its licence is withdrawn, we may curtail the leave of the applicants being sponsored: to 60 days where the applicant was not complicit in the actions that resulted in the sponsor having its licence withdrawn. If the applicant has less than 6 months of his/her leave remaining, we will not curtail this leave. An applicant may wish to make a further application for leave; or Tier 2 Policy Guidance page 13 of 45
with immediate effect where we consider the applicant to have been complicit. Sponsor takeover and/or transfer of employment 82. If an applicant s sponsor is taken over by another organisation and/or there is a transfer of employment, the new employer must apply to become a licensed sponsor within 28 calendar days of taking over the business. 83. If it does not, we are likely to curtail an applicant s leave to 60 days, as he/she will not be working for a licensed sponsor. If the applicant has less than 6 months of his/ her leave remaining, we will not curtail this leave. An applicant may wish to make a further application for leave. 88. Find more information about the sponsor s licence status in the Guidance for sponsor applications Tier 2, Tier 4 and Tier 5 of the points based system on our website at: http://www.ukba.homeoffice.gov.uk/ sitecontent/documents/employersandsponsors/ pbsguidance/sponsorapplicationsguidance.pdf. Visiting officer visits 89. Sponsors may get a visit from our visiting officers at any time. The visit may be to check that the sponsor is complying with its duties. When we visit, we may also want to speak to the applicant and other migrant workers the sponsor is employing. 84. If the new employer does not get a licence, any certificate of sponsorship issued by the previous employer will be invalid. 85. Find more information about sponsor takeover and/or transfer of employment in the Guidance for sponsor applications Tier 2, Tier 4 and Tier 5 of the points based system on our website at: http://www.ukba.homeoffice.gov.uk/ sitecontent/documents/employersandsponsors/ pbsguidance/sponsorapplicationsguidance.pdf. If a sponsor does not renew its licence 86. If the sponsor does not renew its licence, any certificates of sponsorship it has issued will become invalid. We may curtail the leave of the applicants it sponsors to 60 days. If the applicant has less than 6 months of his/ her leave remaining, we will not curtail this leave. Applicants may wish to make a further application for leave. We may refuse entry to the United Kingdom to any applicants who have not yet travelled. Termination of employment 87. If an applicant s employment ends before his/her period of leave, we may curtail his/her leave to 60 days. If the applicant has less than 6 months of his/her leave remaining, we will not curtail this leave. An applicant may wish to make a further application for leave. Tier 2 Policy Guidance page 14 of 45
Tier 2 Overview of Terms and Conditions 90. The following tables explain some of the key features of Tier 2. Full details of the requirements are in paragraphs 245ZB to 245ZG of the Immigration Rules. Periods of grant Entry Clearance and Leave to Remain where previous grant of leave was not as a Tier 2 migrant. For a maximum period of 3 years and 1 month, or the period given in the certificate of sponsorship plus 1 month, whichever is shorter. Leave to Remain where previous grant of leave was as a Tier 2 migrant and the application is because of a change of employment. For a maximum period of 3 years, or the period given in the certificate of sponsorship plus 14 days, whichever is shorter. Leave to Remain (Extension) where previous grant of leave was as a Tier 2 migrant. For a maximum period of 2 years or the period given in the certificate of sponsorship plus 14 days, whichever is shorter. Leave to Remain (Extension) where the application is being made under the transitional arrangements. For the period of time the migrant needs to get to settlement, or the period given in the certificate of sponsorship, whichever is shorter. The exception to this may be for applicants applying under the senior care worker or established entertainer provisions. Please see the full Transitional Guidance for further details at: http://www.ukba. homeoffice.gov.uk/sitecontent/newsarticles/ transitionalarrangements2and5. Tier 2 Policy Guidance page 15 of 45
Switching Switching into Tier 2 (General), Tier 2 (Sportsperson) and Tier 2 (Minister of Religion) Switching is allowed for applicants who have, or were last granted, leave as a: Tier 1 Migrant; Tier 2 Migrant; Highly Skilled Migrant; Innovator; Jewish Agency Employee; Member of the Operational Ground Staff of an Overseasowned Airline; Minister of Religion, Missionary or Member of a Religious Order; Overseas Qualified Nurse or Midwife; Participant in Fresh Talent: Working in Scotland Scheme; Participant in the International Graduates Scheme (or its predecessor the Science and Engineering Graduate Scheme); Person Writing Up a Thesis; Postgraduate Doctor or Dentist; Qualifying Work Permit Holder; Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation; Student; Student Nurse; Student Re-Sitting an Examination; Student Union Sabbatical Officer. Switching into Tier 2 (Intra Company Transfer) Switching is 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. Tier 2 Policy Guidance page 16 of 45
Conditions of leave Conditions applicants must meet. Applicants in any Tier 2 category will be subject to the following conditions: 91. All applicants wanting to travel to the United Kingdom under Tier 2 of the points based system will need prior entry clearance. All applicants applying for either entry clearance or further leave to remain in the United Kingdom will need a valid certificate of sponsorship reference number before he/she can submit his/ her application. 92. The applicant will be able to enter the United Kingdom up to 14 days before his/her start date, the date given by his/her sponsor on the certificate of sponsorship. must be at least 16 years old; and must not own more than 10% of the sponsor s shares, if the sponsor is a limited company; and no recourse to public funds; and registration with the police, if this is required by paragraph 326 of the Immigration Rules; and no employment, except: working for the sponsor in the employment that the certificate of sponsorship records that the migrant is being sponsored to do; and supplementary employment; and voluntary work. Tier 2 Policy Guidance page 17 of 45
Points Scoring 93. In order to obtain entry clearance or leave to remain within Tier 2 an applicant must score enough points and send supporting evidence where appropriate. 94. Under Tier 2 (General) or Tier 2 (Intra Company Transfer), an applicant must score: at least 50 points for attributes, which can include qualifications and prospective earnings (Appendix A of the Immigration Rules); and 10 points for English language (Appendix B of the Immigration Rules). The exception to this is where the applicant is applying for entry clearance as an Intra Company Transferee, or extending his/her leave to remain in the United Kingdom where that extension will not take his/her total leave under Tier 2 (Intra Company Transfer) to longer than three years; and 10 points for maintenance (funds) (Appendix C of the Immigration Rules). 95. Under Tier 2 (Sportsperson) and Tier 2 (Minister of Religion) applicants must score: 50 points for a certificate of sponsorship (Appendix A of the Immigration Rules); and 10 points for English language (Appendix B of the Immigration Rules); and 10 points for maintenance (funds) (Appendix C of the Immigration Rules). Tier 2 Policy Guidance page 18 of 45
Points available for Tier 2 (General) and Tier 2 (Intra company Transfer) 96. Where an applicant is applying for entry clearance, is switching, or is changing his/her employment, the points available are: Section A Attributes (50 points needed) Sponsorship Job in shortage occupation Offer of job that passes resident labour market test Academic qualifications (or equivalent vocational or professional qualifications) 50 None, or below an appropriate sub degree level qualification* 30 Appropriate sub degree level qualification* Prospective Earnings ( ) 0 Under 17,000 0 5 17,000-19,999.99 5 Switching from a 30 Bachelors or Masters 10 20,000 - post study category 2 21,999.99 10 Intra company transfer 30 PhD 15 22,000-23,999.99 15 24,000 or more 20 B English language skills (the exception to this is where the applicant is applying for Entry Clearance as a Tier 2 (Intra Company Transfer) 10 C Maintenance (funds) 10 2 2 For the purpose of this guidance, a post study category includes Tier 1: Post Study, Fresh Talent Working in Scotland Scheme, and International Graduate Scheme (formally known as Science and Engineering Graduate Scheme). Such applicants must have been working in his/her present job for his/her current employer for at least six months, and will continue to work in that job with his/her sponsor as his/her current employer. Tier 2 Policy Guidance page 19 of 45
Where an applicant is making an extension application, the points available are: Section A Attributes (50 points needed) Sponsorship Certificate of sponsorship assigned under the transitional arrangements Applicant was awarded points when last granted leave because the job was in a shortage occupation Academic qualifications (or equivalent vocational or professional qualifications) 50 None, or below an appropriate sub degree level qualification* 50 Appropriate sub degree level qualification* Prospective Earnings ( ) 0 Under 17,000 0 5 17,000-19,999.99 5 Other cases in which the applicant has a certificate of sponsorship 30 Bachelors or masters 10 20,000-21,999.99 PhD 15 22,000-23,999.99 24,000 or more 10 15 20 B English language skills (the exception to this is where the applicant is a Tier 2 (Intra Company Transfer) extending his/her leave to remain in the United Kingdom where that extension will not take his/her total leave under Tier 2 Intra Company Transfer to longer than three years) 10 C Maintenance (funds) 10 *An appropriate sub degree level qualification means: a) 1 or more passes at GCE A level; b) a qualification obtained in the United Kingdom that is deemed by the appropriate qualifications framework in the part of the United Kingdom in which it was obtained to be equivalent to, or higher than, (a) but below degree level, or c) a qualification obtained outside the United Kingdom, where the applicant provides the specified evidence to show that it is equivalent to; or higher than, (a) but below degree level. Tier 2 Policy Guidance page 20 of 45
97. An applicant cannot score points for sponsorship from the tables above if the job on the certificate of sponsorship records that he/ she is being sponsored as a Sportsperson or a Minister of Religion. 98. All the requirements of the Immigration Rules have to be met, this includes the job skill level being at N/SVQ3 or greater (except those applying under the senior care worker or established entertainer provisions), and the applicant s pay being at the United Kingdom appropriate rate for that job. 99. If an applicant will be working for a sponsor who is a limited company he/she must not own more than 10% of its shares. Tier 2 Policy Guidance page 21 of 45
Attributes for Tier 2 (General) and Tier 2 (Intra company transfers) Shortage occupations 100. The Migration Advisory Committee will recommend lists of shortage occupations which can be sensibly filled by migration. There will be one list for the whole of the United Kingdom and a further list for Scotland. The Government will consider these recommended lists and publish the lists, which will be revised at regular intervals. If an applicant is claiming points for a job on the shortage occupation list in Scotland the applicant must be undertaking that job in Scotland. 101. Find the list of approved shortage occupations on our website at http://www.ukba. homeoffice.gov.uk/aboutus/workingwithus/ indbodies/mac/. 102. Where an applicant is applying for leave to fill a job from this list, he/she will receive sufficient points, without having to earn points for prospective earnings or qualifications. 103. An applicant s contracted working hours must be for at least 30 hours a week when filling a shortage occupation job. Claiming points 104. An applicant will only be able to claim points for a shortage occupation if his/her prospective job was on the shortage occupation list at the time his/her certificate of sponsorship was assigned by the sponsor. The sponsor must have also completed the relevant field on the certificate of sponsorship. 105. The applicant should confirm with his/ her sponsor that it has indicated that his/her job is a shortage occupation on the certificate of sponsorship. Resident labour market test 106. The resident labour market test is used to protect the domestic labour market. An applicant can only come to work in the United Kingdom where there is no suitable settled worker to fill the job. Claiming points 107. For the applicant to claim points for a resident labour market test the sponsor has to follow the code of practice relevant to that occupation, before assigning a certificate of sponsorship. 108. The applicant should check with his/ her sponsor that it has indicated a resident labour market test has been completed on the certificate of sponsorship. Switching from a post study category Claiming points 109. An applicant can claim 30 points where he/she is switching from the: Tier 1: Post Study category; or Fresh Talent: Working in Scotland Scheme; or International Graduate Scheme (formally known as the Science and Engineering Graduate Scheme); providing he/she has worked in his/her present job for his/her sponsor for at least six months prior to the application, and will continue to work in that job. 110. If an applicant has not been working for his/her sponsor for at least six months prior to the application, the sponsor will have to undertake a resident labour market test. The applicant will not be able to claim points for switching from a post study category, but can claim points because his/her sponsor has completed a resident labour market test. Documents we require 111. An applicant will need to provide two pieces of evidence that he/she has worked for the sponsor for at least six months prior to his/her application. 112. Only the following specified documents will be accepted as evidence of this requirement: Tier 2 Policy Guidance page 22 of 45
EITHER i) Payslips These should be either formal payslips or on company-headed paper. If payslips are not on headed paper or the applicant only receives online pay slips, he/she will be required to obtain his/her employer s signature and stamp on a print-out to authenticate the evidence. Where provided, payslips must cover the whole period claimed (if payslips are generated monthly, each monthly payslip for the period claimed must be provided). OR ii) Personal bank or building society statements covering the previous six month period immediately before the application The personal bank or building society statements should clearly show: the applicant s name; the account number; the date of the statement; the financial institution s name and logo; and transactions by the sponsor covering the six month period. The most recent statement must be dated within 1 month of the application. If the applicant wishes to submit electronic bank statements from an online account these must contain all of the details listed above. In addition, the applicant will need to provide a supporting letter from his/her bank, on company headed paper, confirming the authenticity of the statements provided. OR iii) Building society pass book covering the previous six month period immediately before the application The building society pass book should clearly show: the applicant s name; the account number; the financial institution s name and logo; and transactions by the sponsor covering the six month period. AND iv) Letter from sponsor confirming an applicant has been working for his/her prospective sponsor for at least six months prior to the application The letter from the sponsor should show: the applicant s name; the date of the letter; and the sponsor s name and logo. Applicants should provide full contact details for each document supplied, that will allow all supporting documents to be verified if necessary. Applicants should also provide any information/ explanation of the documentation submitted, that may assist us in our consideration. Intra Company Transfers Claiming Points 113. This category is for applicants to transfer from their overseas organisation to a skilled post in a United Kingdom-based branch of the same company. To claim points as an Intra Company Transferee, the applicant must have worked for the overseas branch of the organisation for at least six months prior to the application. 114. The applicant should confirm with his/her sponsor that it has indicated that he/she is an Intra Company Transferee on the certificate of sponsorship. Documents we require 115. An applicant will need to provide evidence that he/she has worked overseas for the sponsoring organisation for at least six months prior to his/her application. Tier 2 Policy Guidance page 23 of 45
116. Only the following specified documents will be accepted as evidence of this requirement: EITHER i) Payslips These should be either formal payslips or on company-headed paper. If payslips are not on headed paper or the applicant only receives online pay slips, he/she will be required to obtain his/her employer s signature and stamp on a print-out to authenticate the evidence. Where provided, payslips must cover the whole period claimed (if payslips are generated monthly, each monthly payslip for the period claimed must be provided). OR ii) Personal bank or building society statements covering the previous six month period immediately before the application The personal bank or building society statements should clearly show: the applicant s name; the account number; the date of the statement; the financial institution s name and logo; and transactions by the sponsor covering the six month period. The most recent statement must be dated within 1 month of the application. If the applicant wishes to submit electronic bank statements from an online account these must contain all of the details listed above. In addition, the applicant will need to provide a supporting letter from his/her bank, on company headed paper, confirming the authenticity of the statements provided. OR iii) Building society pass book covering the previous six month period immediately before the application The building society pass book should clearly show: the applicant s name; the account number; the financial institution s name and logo; and transactions by the sponsor covering the six month period. Applicants should provide full contact details for each document supplied, that will allow all supporting documents to be verified if necessary. Applicants should also provide any information/ explanation of the documentation submitted, that may assist us in our consideration. Claiming Points all extension applications 117. An applicant who was awarded points when last granted leave because his/her job was in a shortage occupation will be able to claim 50 points at extension. 118. For extension applications (excluding shortage occupations) applicants can score 30 points for possessing a valid certificate of sponsorship. This confirms the applicant will continue to be sponsored for the duration of the extension. Qualifications 119. An applicant can claim points according to the level of his/her qualification. Claiming Points 120. An applicant will not need to resend documentary evidence where he/she can demonstrate that he/she has or was last granted leave as a Highly Skilled Migrant, a Tier 1 (General) migrant, a Tier 2 (General) migrant or a Tier 2 (Intra Company Transfer) and he/she was previously awarded points for his/her qualification for the same application. Tier 2 Policy Guidance page 24 of 45