Tier 2

Tier 2 (General), the skilled worker category is expected to go live at the end of November 2008. Tier 2 is an employer-led system which allows UK employers to recruit individuals from outside the UK and European Economic Area (EEA) to fill vacancies that cannot be filled by a British or EEA worker. This tier will replace the work permit application process.

Tier 2 (General)

NHS organisations will need to be approved by the UK Border Agency (UKBA) and issued with a sponsorship licence before they will be allowed to sponsor non-EEA individuals to work in the UK. Once an NHS organisation has been granted a sponsorship licence they will be given a password to access the web-based system. The organisation is then in a position to recruit to vacancies and issue certificates of sponsorship (CoS) to successful non-EEA applicants. The CoS replaces the work permit which is currently issued by Work Permits (UK). Each CoS costs £170 and full payment must be made to UKBA before a certificate is issued.

How does the application system work?

The licence system is similar to the work permit application system and organisations will need to access the online system.

• Employers must enter all the details of the successful applicant and issue a CoS.
• Details of the electronic reference number which is unique to the CoS (issued by the UKBA) must be given to the individual. The individual can then apply for leave to remain.
• Employers must verify the documentation specified by UKBA and must validate documentation from all prospective employees to ensure they are eligible to reside and work in the UK.
• Employers must also meet the requirements of the anti-discrimination legislation.

The UKBA will carry out compliance checks on organisations that employ overseas staff to ensure that they meet all the requirements of sponsorship licensing and do not employ illegal migrant workers.

If a vacancy does not appear on the Home Office shortage occupation list employers will need to demonstrate that they were unable to recruit a resident worker before recruiting an individual from overseas. They will be required to provide details of the recruitment method used and give credible reasons why they did not appoint a suitably qualified resident worker.

All applications for CoS can be subject to audit by the UKBA and sponsors must ensure they have the evidence to demonstrate that the resident labour market test was correctly applied. Issuing a CoS does not guarantee that entry clearance will be granted to the individual.

What are the criteria for issuing a CoS?

Before issuing a CoS, the sponsor must ensure that:

• there is a genuine vacancy
• the job is listed on the shortage occupation list, or as a result of applying the resident labour market test, the employer can show that there were no suitably qualified candidates from the UK/EEA
• the job is advertised for a minimum of two weeks
• the job is at the appropriate skill level (NVQ3 or above)
• the job is advertised at or above the appropriate rate for the job
• the applicant can meet the points level required by this tier.

Individuals who are work permit holders and have existing leave to enter or stay granted under the current work permit arrangements will be able to extend their leave under Tier 2. They will be required to meet the Tier 2 skilled worker eligibility criteria.

Individuals must submit an application to the UKBA to gain leave to remain. They must also achieve a minimum of 70 points and be able to supply documents including the CoS reference number to support their application. Otherwise they may be refused entry clearance.

There are three sections in the points table and each applicant will need to gain points in the following areas:

• 50 points for attributes (sponsorship/job offer, qualifications, prospective earnings)
• 10 points for maintenance (available funds to support themselves and their dependants in the UK)
• 10 points for evidence of English language competence

Both organisations and individuals can self assess their eligibility by using the points-based calculator on the UKBA website.

If the application is successful, individuals will be granted leave to enter or remain in the UK for the duration of the post. This can be for up to three years.

If the applicant fails to meet the required level of points, the application will be rejected.

Code of practice for the sponsored skilled worker (Tier 2)

The UKBA has published a code of practice that employers will need to use when recruiting skilled migrants under Tier 2 of the points-based system. The code will become operational at the end of November when Tier 2 goes live. It contains details of the checks to be carried out by the employer in order to demonstrate that the job for which they intend to sponsor an individual meets the conditions of the sponsored skilled worker Tier 2.

Employers must check that:

• the job is skilled at S/NVQ level 3 or above
• the job is paid at the appropriate rate or above
• a resident labour market test has been carried out.

Where can I get help/advice?

The UKBA has regional officers to support employers with the new system. There is also a sponsorship and employers' helpline (0845 010 6677) which offers the following dedicated service for employers.

• Answers any general enquiries on preventing illegal working and carrying out the document checks necessary to attain the defence against conviction.
• Provides free of charge printed copies of the comprehensive guidance for employers on the prevention of illegal working.
• Is the first point of contact if there are concerns with any immigration documents.
• Is a dedicated contact centre service for employers providing advice and answering general questions on preventing illegal working.
• An employer checking service that offers employers the opportunity to check the status of individuals to work in the UK.