Requirements:

Applicants will need to show that they have a sponsor (employer) and that they have been provided with a certificate of sponsorship. The sponsor must obtain a sponsorship licence before they can issue such a certificate.  There are two types of sponsorship licences:

·         A level sponsorship licence given to those who fulfil all the requirements

·         B level sponsorship licence given to those lacking in documentation

The sponsors should ensure that applicants are suitable for the positions they offer and any abuse of the system may lead to sponsors being downgraded to a B level licence or they may have their licence withdrawn altogether.

Sponsors must demonstrate that the position they are offering is genuine and that the applicant will be remunerated in the same way as a settled worker in that position. Sponsors should ensure that they have met the resident labour market test (showing that there are no settled or EEA national workers available to fill the position). Alternatively, the applicant may be awarded points if the occupation falls under the occupation shortage list (see below).

Applicants are generally granted leave to remain for an initial period of three years where after they can apply to extend their leave for a further two years. Applicants may be eligible for settlement following five years continuous leave in this category.

Points assessment and calculation-initial applications:

Applicants will need to score 50 marks in the attributes section as follows:

Attributes	Points
Sponsorship	30-50
Qualifications	0-15
Future expected earnings	0-20

English Language and Maintenance point’s requirements

Applicants will need to score 10 points for the English language and maintenance each. In order to satisfy the language requirement, applicants will need to show one of the following:

·         They come from an English speaking country i.e. Australia, Canada…

·         They have a degree level qualification from an English speaking country

·         They have passed an approved English language test such as ILETS test (minimum 4:0)

In order to meet the maintenance requirement, applicants will need to show that they have at least £800 in their account for three months (at all times) before the date of their application. Alternatively, applicants may obtain a letter from their sponsor declaring that they will be responsible for the applicants first month of accommodation and maintenance (only A rated sponsors are able to do this).

If the applicant is being accompanied by any dependents, then s/he will have to show an additional £533 available for each dependant.

Qualifications

NVQ Level three qualification	5 points
Bachelors degree	10 points
Masters degree	10 points
PHD	15 points

 

Prospective Earnings

Less than £17,000	0 points
£17,000- £19,999	5 points
£20,000-£21,999	10 points
£22,000 -£23,999	15 points
£24,000 plus	20 points

 

Occupation Shortage List

Applicants filling occupations on the shortage list will automatically qualify for 50 points. If an occupation does not appear on the Shortage List then the sponsor (employer) must show that they cannot find a settle worker to fill the position. 30 points may be awarded where the sponsor can show this.

Intra-Company Transfer

Applicants working in overseas branches of UK companies may also be awarded 50 points under the Tier 2 category.

Restrictions

Applicants granted leave to remain under the Tier 2 category are prohibited from entering into self employment, establishing a business or joining another business without first informing the Home Office. Applicants can however, take up supplementary employment provided the following is met:

·         They do not work for over 20 hours

·         The employment is within the same profession/professional level for which the Tier 2 visa was granted

·         The employment is outside the applicants normal working hours

Switching Rules

The following applicants can switch into the Tier 2 category:

• highly skilled worker (tier 1);
• sponsored skilled worker (tier 2);
• student;
• student nurse,
• student re-sitting an examination;
• person writing up a thesis;
• overseas qualified nurse or midwife;
• postgraduate doctor or dentist,
• student union sabbatical officer;
• qualifying work permit holder;
• Highly Skilled Migrant;
• a participant in the International Graduate Scheme (formerly known as the Science and Engineering Graduate Scheme);
• a representative of an overseas newspaper, news agency or broadcasting organisation;
• a participant in Fresh Talent: Working in Scotland Scheme;
• minister of religion, missionary or member of a religious order;
• member of the operational ground staff of an overseas-owned airline;
• innovator;
• a Jewish agency employee.

  Applicants can claim 30 points if they are switching from:

  • the post-study worker category of tier 1; or
  • Fresh Talent: Working in Scotland Scheme; or
  • International Graduate Scheme (formerly known as the Science and Engineering Graduate Scheme

  Refusal of Tier 2

  Administrative review applications (entry clearance from overseas):

  In the event that an applicant is refused a visa in this category, Ergen & Sharif can assist in making an administrative review application to the entry clearance post. The right for making a request for review must be exercised within 28 days of the decision being served. In such applications, fresh evidence will not be permitted and the ECO will be asked to reconsider their decision in light of your initial application.

  In country refusal:

  Applicants who have been refused in country will have the right to appeal against the decision provided that they have no leave to remain left in the UK. The applicant has 10 working days to submit an appeal against the decision to refuse.

  At Ergen & Sharif, we can assist you whether you are seeking to make an initial application or switch into a Tier 2 category or whether you would like to appeal against a negative decision. For a case specific evaluation please book an appointment by contacting us on 0207 569 3035. Alternatively, you can email us at info@ergensharif.co.uk .