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UKBA publishes revised policy guidance for Tier 2 of PBS

Tier 2 enables UK employers to hire nationals from outside resident workforce 4th October 2010: The UK Border Agency has published revised policy guidance for Tier 2 of the points-based system — version 10/10.

Tier 2 is the route which enables United Kingdom employers to employ nationals from outside the resident workforce to fill particular jobs which cannot be filled by settled workers.

A skilled worker in any Tier 2 category must not displace a suitable settled worker.
Tier 2 has four categories: General – if you have an offer of a skilled job that cannot be filled by a settled worker. This category includes applicants coming to fill shortage occupations.

Intra-Company transfer – if you are an employee of a multi-national company and are being transferred to a United Kingdom based branch of the same organisation either on a long term basis or frequent short visits. You cannot use this route if you are employee of an overseas organisation that is not linked by common ownership or control to the UK entity.

There are three sub-categories of Intra-Company Transfer: Established Staff – if you are an established employee of a multi-national company and are being transferred to a skilled job that could not be carried out by a new recruit from the resident workforce.

Graduate Trainee – if you are a recent graduate of a multi-national company and are being transferred to the UK branch of the same organisation as part of a structured graduate training programme, which clearly defines progression towards a managerial or specialist role.

Skills Transfer – if you are an overseas employee of a multi-national company and are
being transferred to the UK branch of the same organisation in a graduate occupation to learn the skills and knowledge you will need to perform your job overseas, or to impart your specialist skills to the UK workforce.

Sportsperson – if you are an elite sportsperson or coach whose employment will make a significant contribution to the development of your sport at the highest level.

Ministers of Religion- if you are a Minister of Religion undertaking preaching and pastoral work, Missionary, or Member of a Religious Order, taking up employment, or a post/role within your faith community in the United Kingdom

You cannot apply under Tier 2 (General) or Tier 2 (Intra-Company Transfer) if you are applying for permission to work as a sportsperson or a minister of religion.

Eligibility

You must have a job offer and a Certificate of Sponsorship from an organisation that is a licensed sponsor in the United Kingdom. You can only have a job offer if you will not be displacing a suitable settled worker. This means that employers cannot offer a job to a non-settled worker if it means that a suitable settled worker will be turned down for the job or made redundant.

The sponsor must meet the requirements for the category you are applying under and accept certain responsibilities to help with immigration control. You must not own more
Tier 2 Policy Guidance (Version 10/2010) than 10 per cent of your sponsor’s shares, if the sponsor is a limited company, unless you are applying under the Intra Company Transfer category.
You must score a minimum of: 50 points for Attributes, which includes having a sponsor and a valid Certificate of Sponsorship; and 10 points for English language skills (except for certain Intra-Company Transfers); and 10 points for Maintenance (funds)

You must be at least 16 years old on the date that the application is decided.

Care Arrangements for Children

Under Section 55 of the Borders, Citizenship and Immigration Act 2009, the UK Border Agency must have regard to the need to safeguard children and to promote their welfare. All children working in the United Kingdom must have suitable care arrangements in place for their travel, reception on arrival in the United Kingdom and living arrangements while here.

If you are 16 or 17 years old on the date that your application is decided, you must have your parent(s) or legal guardian(s) written consent that you can live and travel independently.

All arrangements for your care and accommodation in the United Kingdom must comply with relevant United Kingdom legislation and regulations.

Private foster care arrangement

Children (under 16 years old or 18 years old if disabled) are privately fostered when they are cared for on a full-time basis by adults, who are not their parents or a close relative, for more than 28 days. It is the responsibility of the parent, carer, and anyone else involved in making the private fostering arrangement (including the Tier 2 sponsor), to notify their United Kingdom local authority of the private fostering arrangement.

In the United Kingdom local authorities are responsible for safeguarding and protecting children. They must make sure that private foster carers are suitable and that they get any support and guidance that they may need to help them care for the child.

A close relative, parent or legal guardian caring for the child is not considered to be a private foster carer and so will not need to register with a United Kingdom local authority.

A close relative is a grandparent, brother, sister, step-parent, uncle (brother or half-brother of the child’s parent) or aunt (sister or half-sister of the child’s parent) who is aged 18 or over.

You must also not fall under the General Grounds for Refusal. This means that there may be other reasons (such as your previous immigration history), that may lead to your application being refused.

Self-assessment

The points-based calculator on our website shows whether you are likely to score enough points. The calculator is available at: www.ukba.homeoffice.gov.uk/pointscalculator.

The results of the points-based calculator show the possible points you might score and does not guarantee that your application will be successful. The calculator may be subject to change. If you have any doubt about how many points you can claim, you should send as much of the evidence set out in this guidance as possible. The UKBA make a decision after receiving your full application and the evidence to support it.

Any documentary evidence that you provide must be issued by an authorised official of the issuing organisation and be: original (unless UKBA say otherwise); and on the official letter-headed paper or stationery of the organisation.

Minimum skill level and appropriate salary rate

To score points for sponsorship, you must have a valid Certificate of Sponsorship from a licensed sponsor. The Certificate of Sponsorship must confirm that the job is at or above
NVQ level 3.

For the Graduate Trainee and Skills Transfer sub-categories the minimum skill level is a graduate occupation. The Certificate of Sponsorship must also confirm that you will be paid at or above the appropriate rate for the job.

If you are applying for Tier 2 (Intra Company Transfer) Skills Transfer sub-category the Certificate of Sponsorship must confirm that the job is additional to normal staffing requirements.

Salaries and allowances

Your salary may be paid in the United Kingdom or abroad. If you will be paid abroad in  a currency other than pounds sterling, the salary amount entered on your Certificate of Sponsorship will be based on the exchange rate published on www.oanda.com on the day the Certificate of Sponsorship is assigned.

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