Under the Points Based System there is more importance placed on the responsibility of the Sponsor/Employer in ensuring that applicants are eligible and have sufficient skills and experience for the position offered and as a UK based employer, they may be subject to immigration compliance checks with or without notice.

UK employers will be awarded either an A or B level sponsor license according to the UKBA’s assessment. Most of the time successful applicant’s should get an A rating, but, when employers do not comply sufficiently with their responsibilities they may be downgraded to a B rating or possibly have their sponsor license revoked.

When UK employers issue a certificate of sponsorship, they must be able to verify and demonstrate that the position is genuine with the appropriate salary offered, that which a UK national would normally receive for doing the same job. The job also needs to be at or above the National Vocational Qualifications (NVQ) level 3. 

Shortage occupation positions do not have to be advertised in the UK before a sponsor can employ the non foreign national. When position is not on the shortage occupation list employers must show that they have advertised and tried to fill the position within the UK.
Qualifying CriteriaApplicants will be assessed according to the following points:
Qualifications

• A PHD qualifications = 15 points
• A Master’s Degree = 10 points
• A Bachelor’s Degree =10 points
• An NVQ level 3 Qualification = 5 points

Prospective Earnings

• In excess of £24,000+ = 20 points
• £22,000-£23,999 = 15 points
• £20,000-£21,999 = 10 points
• £17,000-£19,999 = 5 points

Non-shortage positions are normally worth 30 points but shortage occupations will receive 50 points. Applicants applying for an Intra Company Transfer should also receive 50 points. In all non shortage applications the employer must show that a genuine attempt to employ a resident or EU national by advertising the position in the most relevant medium for that position has been carried out. In these cases the job should be advertised for at least 28 days in a national newspaper, trade journal or relevant web-site.

Additional Info

Tier 2 permit holders may change their job while in the UK, but the process of reissuing a Certificate of Sponsorship must be repeated and applicants must score the necessary points again.

Intra-company Transfer
Intra-company transfers permit Tier 2 applicants to transfer from an overseas branch of a UK company to work on a specific project.
Tier 2 Intra Company Transfers place greater importance on the employer demonstrating that the salary on offer is appropriate for the position and that no resident worker could fill the position.

Spouse and Dependent Immigration
Tier 2 Visas lead to Indefinite Leave to Remain or residency and applicants are allowed to bring their spouses, common law partner, civil or unmarried partner and any children. Generally dependents will be able to receive the same duration on their visas as the main applicant.  Dependents will be able to take up employment without restrictions or sponsorship requirements.