The Tier 2 Visa, Work Permit is designed for medium and highly skilled individuals who are planning to immigrate to the UK and work within a UK company. An offer of employment is required from a UK company to secure a Tier 2 Visa. The process of applying for the Tier 2 visa is an employer led process and the company themselves must apply on behalf of the candidate they are interested in employing.
In all the Tier systems, applicants will need to be assessed against a Points based system, with regards to the Tier 2 visa, work permit, the minimum pass mark required is 50 points.
Tier 2 Visa - Benefits Of Work Permit
One of the benefits of the Tier 2 visa system is that it offers the possibility of permanent residency in the UK.
Once the candidate has completed a total of five years on Tier 2 visa, Work Permit, they may then be eligible to apply for Indefinite Leave to Remain in the UK (ILR).
Once successfully obtained they may later become eligible to apply for UK Citizenship under the UK Naturalisation process.
Tier 2 Visa - Work Permits for employers
The Points Based System was put in place to add greater responsibility and accountability on the sponsoring company who are selecting non EEA nationals to bring to the UK by Tier 2 Visa.
Under the Tier 2 Visa rules of immigration to UK, the employer must take responsibility and ensure that the candidate is eligible and suitable to work in the company for the position they require. The company may be undergoing compliance checks with or without any prior notice.
Once employers are successful with their applications they would be granted either an A or B level sponsorship licence in accordance with the UK Border Agency's risk assessment.
An ideal case would be that the successful candidate is approved for an A rating, however if they feel the employer does not or will not sufficiently fulfil their responsibility they can be downgraded to a B rating or even have their licence revoked altogether.
When a company is issuing a certificate of sponsorship, they must show the position within the company is a genuine vacancy as well as showing the salary that would be offered would be equivalent of a UK nationals salary if they were to be employed for the same position.
Tier 2 Visa - Work Permits for employees
Candidates will be assessed for Tier 2 Visa on their qualifications and their prospective earnings.
Tier 2 Visa - Qualification For Work Permit
- A PhD qualification = 15 points
- A Master's Degree = 15 points
- A Bachelor's Degree = 10 points
- An NVQ level 3 qualification = 5 points
Tier 2 Visa - Prospective Earnings
- In Excess of £32,000+ = 20 Points
- £24,000 - £27,999 =15 points
- £20,000 - £23.999 = 10 points
- Below £20,000 = 0 points
Shortage positions automatically receive 50 points and non shortage positions are worth 30 points. Any candidates who are applying for Intra Company Transfer (ICT) will get 25 points.
Tier 2 Visa - Intra-company transfer (ICT)
Intra Company transfers also known as ICT's allow multi national companies to transfer overseas employees to UK, to fill a particular position which they may have been unable to fill with employees within the UK workforce, this could be for a variety of reasons.
Tier 2 Intra Company Transfers put more emphasis on the employer to prove that the candidate is eligible for the UK Tier 2 Visa - Intra-company transfer (ICT)process as they must prove that they have relevant experience or qualifications for the position in question and also that no UK resident could fill the position.
Tier 2 Visa - Spouse and dependent immigration
As previously mentioned a Tier 2 visa can lead to permanent residency in the UK if the candidate continues to live and work in the UK and completes five years on the visa. A candidates spouse/unmarried partner would be eligible to join them in UK on a dependency visa, but it is important to note that the dependent must cohabit with the Tier 2 Work Permit Visa holder. In regards to an unmarried partner, evidence will need to be provided to prove that they have been living together continuously for a minimum of two years prior to making an application for a Tier 2 Visa, Work Permit.
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