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:
1. GENERAL
This category is for skilled job’s that cannot be filled by a settled worker. The category also includes shortage occupations.
2. INTRA-COMPANY TRANSFER
This covers employees of a multi-national company being transferred to a United Kingdom based branch of the same organisation either on a long term basis or frequent short visits. This category cannot be used is a persons is an employee of an overseas organisation that is not linked by common ownership or control to the UK entity.
The Intra-Company Transfer has 4 sub categories:
- Long Term Staff – Where an employee of an established company is being transferred to a skilled job in the UK for more than 12 months that could not be carried out by a new recruit from the resident workforce.
- Short Term Staff – This is for a skilled job in the UK for 12 months or less that could not be carried out by a new recruit from the resident workforce.
- Graduate Trainee – This category covers recent graduate’s employed overseas by 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 – This covers overseas employee of a multi-national company being transferred to the UK branch of the same organisation in a graduate occupation to learn the skills and knowledge needed to perform job’s overseas, or to impart specialist skills to the UK workforce.
3. SPORTSPERSON
This category covers elite sportsperson or coach whose employment will make a significant contribution to the development of their sport at the highest level.
4. MINISTERS OF RELIGION
This category is for a Minister of Religion undertaking preaching and pastoral work, Missionary, or Member of a Religious Order, taking up employment, or a post/role within their faith community in the United Kingdom
Eligibility
For an application to be successful, the applicant must have a job offer and a Certificate of Sponsorship from an organisation that is a licensed sponsor in the United Kingdom. The job offer can only be available if the applicant is not displacing a suitable settled worker.
Points Score:
An applicant must score a minimum of:
50 points for Attributes, which includes having a sponsor and a valid Certificate of Sponsorship
10 points for English language skills (except for certain Intra-Company Transfers)
10 points for Maintenance (funds)
REFUSAL OF APPLICATION
Administrative Review entry clearance applications only
If the applicant application is refused for entry clearance the applicant can make an application for administrative review. This is only applicable to entry clearance applications only.
Appeal rights -in-country applications only
Where the applicant is in the UK and their application is refused, they can make an appeal against the decision.