Tier 2 of the Points-Based System caters for migrant workers with an offer of a skilled job from a licensed employer. There are four categories: General, IntraCompany Transfer (ICT), Minister of Religion and Sportsperson.
The Tier 2 General category is for migrant workers with an offer of a skilled job from a licensed employer which cannot be filled by a resident worker. The following changes are being made to this category from 11 January 2018;
- Exemptions from the Resident Labour Market Test are being added for posts to be held by researcher applicants who are recipients of supernumerary research Awards and Fellowships, and for established research team members sponsored by either a Higher Education Institution or a Research Council.
- Pay rates for health sector workers are being brought into line with pay scales in England and each of the devolved administrations and consolidated in a new table.
- Provision is being made to allow nurses to be sponsored under Tier 2 if they are undertaking an approved programme with a view to returning to practice.
- A provision that is currently set out in the Sponsor Guidance is being incorporated, which restricts how far a migrant’s start date may be put back before it becomes a prohibited change. The restriction now applies only to Tier 2 General Migrants, and only to any changes to start date which occur after leave has been granted.
Changes for Tier 4 student switching to Tier 2 General
Flexibility is being introduced to enable students to apply to switch to Tier 2 after their studies as soon as they have completed their courses. Currently, nonPhD students cannot apply to switch within the UK until they have received their final results.
The applicant must have completed:
(1) a course leading to a UK recognised bachelor’s or master’s degree (not a qualification of equivalent level which is not a degree)
(2) a course leading to a UK Postgraduate Certificate in Education or Professional Graduate Diploma of Education (not a qualification of equivalent level), or
(3) a minimum of 12 months study in the UK towards a UK PhD.”
Paragraph 6A.23 of the Statement of Changes substitutes paragraph 245HD(d)(vii)(4) with:
“(4) the date they completed the course, having sat all exams and presented all academic papers (or the date of award in the case of a degree certificate), unless they are studying a PhD course Page 15 of 73 in which case confirmation of 12 months study is required.”
About the Author
