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Tier 2 (PBS)

Tier 2 (PBS)

This category is for foreign nationals who have been offered a skilled job to fill a gap in the workforce that cannot be filled by a settled worker.

General

A limit has been set for the Tier 2 (General) category for the year from 6 April 2012 to 5 April 2013. This is set at a maximum of 20,700 skilled for workers with an annual salary below £150,000. No limit is set for workers paid over £150,000 per annum.

This is a points based system in which applicants must score a total of 70 points. Points will be awarded for the following:

  • 30 points for a valid Certificate of Sponsorship.
  • 20 points for the appropriate salary and allowance. This is dependent on the type of employment but must be £20,000 or above.
  • 10 points for meeting the English language requirement.
  • 10 points for meeting the maintenance requirement.

Sponsors can only assign a Certificate of Sponsorship successfully if the job concerned is at the appropriate level required under the Immigration Rules. This will be dependant on whether an applicant is applying from inside the UK or outside the UK as well as what category their last grant of leave was given under.

Ministers Of Religion

The Tier 2 (Minister of religion) category is for people who have been offered employment or posts or roles within their faith communities in the UK as:

  • Ministers of religion undertaking preaching and pastoral work.
  • Missionaries.
  • Members of religious orders.

This is a points based system in which applicants must score a total of 70 points. Points will be awarded for the following:

  • 50 points for a valid Certificate of Sponsorship.
  • 10 points for meeting the English language requirement.
  • 10 points for meeting the maintenance requirement.

In order for a Certificate of Sponsorship to be valid the applicant must be coming to:

  • Preach or perform pastoral duties.
  • Work as a missionary.
  • Work in a religious order within a community which involves a permanent commitment like a monastery or convent.

Sportsperson

The Tier 2 (Sportsperson) category is for elite sports people and coaches who are internationally established at the highest level, and will make a significant contribution to the development of their sport. Your application will need to be endorsed by your sport's governing body.

This is a points based system in which applicants must score a total of 70 points. Points will be awarded for the following:

  • 50 points for a valid Certificate of Sponsorship.
  • 10 points for meeting the English language requirement.
  • 10 points for meeting the maintenance requirement.

In order for your sponsor to assign a certificate of sponsorship successfully you must be:

  • Qualified to do the job.
  • Plan to base yourself in the UK.
  • Will comply with the conditions of your permission to stay and leave the UK when that permission expires.

Intra-Company Transfer

This category is for employees of multinational companies who are being transferred by their overseas employer to a UK branch of the organisation, either on a long-term basis or for frequent short visits. There are 4 sub-categories:

  • Long-term staff - for established, skilled employees to be transferred to the UK branch of their organisation for more than 12 months to fill a post that cannot be filled by a new recruit from the resident workforce.
  • Short-term staff - for established, skilled employees to be transferred to the UK branch of their organisation for 12 months or less to fill a post that cannot be filled by a new recruit from the resident workforce.
  • Graduate trainee - this route allows the transfer of recent graduate employees to a UK branch of the same organisation, as part of a structured graduate training program which clearly defines progression towards a managerial or specialist role.
  • Skills transfer - this route allows the transfer of new graduate employees to a UK branch of the same organisation to learn the skills and knowledge required to perform their job overseas, or to impart their specialist skills or knowledge to the UK workforce.

This is a points based system in which applicants must score a total of 60 points (70 points if you want to extend your stay to over 3 years in the UK). Points will be awarded for the following:

  • 30 points for a valid Certificate of Sponsorship.
  • 20 points for the appropriate salary and allowance.
  • 10 points for meeting the English language.
  • 10 points for meeting the maintenance requirement.

Note that the English language requirement will only have to be met by those in certain categories who are applying to extend their stay in the UK to over 3 years.

You can score 20 points for appropriate salary and allowances if your salary and allowances are:

  • At least £40,000 and at least the appropriate rate, for applicants under the 'Long-term staff' sub-category.
  • At least £24,000 and at least the appropriate rate, for applicants under the 'Short-term staff', 'Graduate trainee' and 'Skills transfer' sub-categories.
  • At least the appropriate rate, for applicants who are currently in the UK in any Tier 2 (Intra company transfer) sub-category under the Immigration Rules that were in place before 6 April 2011, or as an intra-company transfer work permit holder, or as a representative of an overseas business (including a representative of an overseas media company).

This condition will not have to be met by those applying for an extension as a Tier 2 (Intra-company transfer) as they will be awarded 50 points for a valid Certificate of Sponsorship.

For further information please contact us.

Disclaimer: The information provided above only provides general guidelines on Immigration Law and these rules change regularly (last update 16 August 2012). It is highly recommended that you call our office for more in depth advice and assistance.