What you need to know about the Tier 2 Skilled Worker process

This immigration route has many advantages. The Tier 2 Skilled Worker route can, however, seem overwhelming at first. We have tried to explain the route, in a nutshell, to make the process more comprehensible.

Overview of Tier 2 (general) process operate The first thing that one needs to understand about Tier 2 (general) is that this immigration route is tied to a UK employer. One first has to have a job offer from a UK employer. Unfortunately, not all work positions qualify for a Tier 2 visa. Only positions at or above RQF level 6 can be used with new applications unless the position appears on the Shortage Occupation List.

Assuming that a suitable job is available with a UK employer, the Tier 2 process would be broken down' to four different stages.

Steps an employer needs to follow to employ a foreign national (the applicant):

Undertake the Resident Labour Market Test (RLMT) if required; and then

Apply for a Sponsor Licence, if the company does not already have one, and

Successfully apply for a Certificate of Sponsorship (CoS) to be assigned to the migrant worker and then

The applicant has to apply for an Entry Clearance based on the CoS.

The Resident Labour Market Test (RLMT) The RLMT is a key element within the application. However, if the position is under the shortage occupation list, there will usually be no requirement for an RLMT to be completed. An employer will also not be required to show that they have met the RLMT if they are offering a guaranteed salary package amounting to a gross annual income of £159,600 or more.

The RLMT is effectively the process by which a company satisfies the UK government that they have not been able to fulfil the vacant position from the UK's settled population and thus have a genuine need to employ a migrant worker. The company can do this by advertising the position on offer in a way which meets the Home Office's exacting requirements.

Sponsor Licence If the UK company which wishes to sponsor the migrant worker does not already hold a Sponsor Licence, then they need to apply to the Home Office to get one in place.

In broad terms, the Sponsor Licence application is to satisfy the Home Office that the company is running and trading in the UK. For a Tier 2 (General) Sponsor Licence it is also necessary to provide evidence that the company has a genuine need to sponsor a migrant worker. This is usually evidenced via the provision of the RLMT records.

Certificate of Sponsorship (CoS) Once the company has a Sponsor Licence in place, they will need to apply to the Home Office for a Certificate of Sponsorship (CoS) to be assigned to the employee (the applicant). The processing times for having a CoS application approved can vary quite widely, depending on circumstances. Once the CoS application has been approved by the Home Office, the company must then assign it to the migrant worker.

The Home Office has an annual cap on how many restricted CoS they can issue, so at times the monthly cap can cause delays.

Entry clearance application Once the CoS has been approved and assigned, one can prepare the entry clearance application. If there are dependents, they can be included in the entry clearance application. The applicant and their dependents must meet the requirements set by the British High Commission, and have their biometric information submitted.

If successful, the entry clearance will be granted in line with how long the company have stated that they will require the applicant for the position on the CoS, which could be any period up to five years.

Once you have successfully obtained entry clearance, you will be able to travel to the UK, to start working as a Tier 2 employee.

After five years in the UK as a Tier 2 employee, you will qualify for Indefinite Leave to Remain (ILR) in the UK. This ILR status will allow you to work in the UK, without restriction.

Breytenbachs Immigration Consultants has a dedicated team, specialising in the Tier 2 immigration route. If you need more information, please feel free to contact them via www.bic-immigration.com

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.

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