UK Work Permit and Tier 2 Visa: A Summary of Recent Changes

Sponsorship subsidy certificates.

We would like to remind all Sponsors that the Certificate of Sponsorship (CoS) allocation is not automatically renewed and must be requested annually via the Sponsor Management System (SMS) within one year of the previous allocation.

Licensed sponsors who registered at multiple levels and categories of the point-based system and achieved registration at different times may choose to align their expiration dates to make it easier to manage the renewal process.

Sponsors, who do not renew their application, will not be able to issue certificates of sponsorship until the UK Border Agency approves their new certificate award.

Identity Cards and Biometrics for Foreigners under Tier 2 scheme

As part of the 3-year scheme, the UK Border Agency is introducing Identity (ID) Cards for foreign nationals from outside the European Economic Area (EEA) and their dependents who are coming to the UK for more than 6 months or are extending your stay.

Until the end of 2009, only foreign nationals applying for a UK license extension as a spouse or student were required to apply for an ID card.

However, beginning January 6, 2010, those applying to change or extend their Tier 2/Work Permit visa will also be required to attend a biometric appointment and will be issued an Identity Card for Foreigners (ICFN) once they the request is successful.

The implementation of identity cards for those in the Tier 1 Highly Skilled Workers and Tier 5 Temporary Workers categories of the point-based system was also brought forward from 2011 to 2010.

Changes in the resident labor market test

Until December 14, 2009, an organization sponsoring a foreign worker in the Work Permit/Tier 2 category had to take a 2-week resident labor market test, or one week for positions with a salary greater than 40 £000, before you can fill a vacancy. with a foreign worker. Following the recommendations of the Migration Advisory Committee, all jobs, regardless of salary, must be posted for 28 calendar days, unless they appear on an Occupation Shortage List.

However, the ad campaign does not have to run continuously for a period of 4 weeks. UK employers may initially advertise over a 2 week period so that if suitable resident workers are found they can be recruited as quickly as possible.

Shortage Occupancy List

Following the MAC report, the List of Shortage Occupations for the Tier 2/Permit to Work Point-Based System has been amended and the following occupations have been added to the list:

· teachers in special schools;

· Qualified meat deboners and trimmers;

· specialized jobs in the electricity transmission and distribution industry;

some medical specialties, including higher level specialist pediatric trainees; and

· Aircraft technicians and assemblers.

Qualified chefs remain on the list, however there are plans to offer extensive training to the UK workforce in this field. Therefore, this occupation is likely to be removed from the list.

Some of the ship and hovercraft engineering, construction and officer jobs have now been delisted in line with changing economic circumstances.

Clarifications on Acquisitions and Mergers

The existing sponsor must notify the UKBA within 28 days of takeover, using the sponsorship management system (SMS) and inform immigrants not to transfer to the new sponsor; the permission of these migrants to stay and work in the UK could be restricted.

The new organization must apply for a sponsor license unless they already have one, within 28 days of the change.

If a sponsor is taken over, any of its employees transferring to the new company are covered by the Transfer of Companies (Protection of Employment) Regulations 2006 (TUPE).

Intra-company transfers: additional clarification on the definition of the term ‘drop-in’

The Guide for Sponsor applications – Level 2, Level 4 and Level 5 of the Points Based System – Paragraph 171 states:

“Migrants entering the UK under Tier 2 Intra-Company Transfer must not ‘directly replace’ a settled and intent Tier 2 worker.”

The UKBA policy team have now confirmed that, as long as the position to be filled is not one that would normally be held by a resident worker, and the original incumbent is not axed to make way for the new employee, it will comply with Tier 2 (TIC). criteria.