Archive for the ‘UKWP News’ Category

UK Work Permits’ closing dates over the festive period

Wednesday, December 21st, 2011

Clients and prospective clients should please take note of the following. UK Work Permits Ltd will be closed for business between 5.30pm Friday 23rd December 2011 and 9.00am Tuesday 3rd January 2012.

Tier 1 (Post Study Work) to be closed

Tuesday, December 20th, 2011

The Tier 1 (Post Study Work) scheme closing in April 2012 – don’t miss your chance to apply!

The Tier 1 (Post Study Work) scheme is aimed at graduates from UK institutions who wish to stay in the UK after completing their course of study. The visa is issued for two years and offers the most freedom of any current work-related visa: you can work as self-employed, as an employee in any position or a combination of the two. For more information, see our main Tier 1 (Post Study Work) article here.

We can normally obtain a Premium appointment at the Croydon Public Enquiry Office within 3 – 4 weeks. A decision on the application is then made within 48 hours of submission, compared to a processing time of around 10 – 12 weeks for a postal application. We suspect that the processing time for postal applications will increase further, due to the increased number of applications submitted before the scheme is abolished.

Please note that the closure of the category will be final. Tier 1 (Post Study Work) applications can usually be made up to 12 months after the date of award, however closure of the category will cut short this window of opportunity for potential applicants.

You don’t need to have your original certificate to make the application – we can provide you with a ‘tried and tested’ template for the letter from your University, as part of our service, to ensure that you meet the UK Border Agency’s strict requirements.

The application must be made by April 2012, but we recommend that you contact us as soon as possible, as our Premium appointment requests are filling up quickly.

Alternatively, we can help with a postal application, with a processing time of around 10 – 12 weeks. It is important that you get this application right first time as the deadline approaches – there may not be time to reapply if you initially make an unsuccessful application on your own.

Please contact us for a free initial assessment of your case.

UKBA announces that ILR applications will be ‘Biometric’ from March 2012

Tuesday, December 6th, 2011

The UK Border Agency has announced that they are today laying regulations before Parliament which will result in almost all visa applications becoming ‘Biometric’.

If a visa application is ‘Biometric’, the applicant is required to give their fingerprints and have a photo taken as part of the application process. Any dependants (partner and child/ren) will also need to attend a Biometric enrolment centre to give their fingerprints and have a photo taken.

Several visa applications are already ‘Biometric’, such as Tier 1 and Tier 2 applications, Transfer of Conditions applications and Spouse visa applications.

The UK Border Agency wants to extend the ‘Biometric’ requirement to all visa types issued from inside the UK, where the visa will have a validity of 6 months or more.

These changes will likely be introduced from 29th February 2012 and mean that applicants will be required to attend a Biometric enrolment centre to give their Biometric data as part of the visa application process.

The main application that these changes will affect is Indefinite Leave to Remain. Currently, ILR applicants are not required to give their fingerprints or have a photo taken. This means that we can submit applications on behalf of our clients without them attending the appointment at all. At present, we can use one of our pre-booked appointments on a Wednesday or Friday to make an application on our clients’ behalf, and the application is considered and the decision made without the client ever needing to attend in person. This will no longer be possible once ILR has become ‘Biometric’.

Further, our previous experience with applications that have become ‘Biometric’ suggests that once ILR changes in this way, there will be a significant reduction in the number of premium appointments available to applicants.

In addition, once Indefinite Leave to Remain becomes a ‘Biometric’ application, applicants will no longer be issued with a sticker in their passport showing their new ILR status. They will instead receive a separate Biometric Residence Permit (BRP), which is a credit card sized ID card. There will no longer be any indication in the person’s passport of their status in the UK. This means that the individual will need to present their passport and their BRP card together whenever they are required to prove they have a valid visa – at the border or to a potential employer, for example. If the applicant loses their BRP card, an application must be made for a replacement, which incurs a further cost.

If you would like to make your Indefinite Leave to Remain application under the current system, with the advantages of:

  • UK WP attending the appointment on your behalf;
  • Appointment availability at short notice; and
  • Receiving a sticker in your passport showing your ILR status,

You will need to apply before the changes are introduced on 29th February 2012.

We have a number of pre-booked appointments on Wednesday and Fridays, which we can use for Indefinite Leave to Remain applications. We usually have an available Premium Same Day appointment within 1 – 2 weeks. If you’d like to find out if you’re eligible to apply for Indefinite Leave to Remain, please contact us.

UK Border Agency launches public consultation on family routes

Saturday, August 6th, 2011

The UK Border Agency has recently released a public consultation, looking at the visa categories open to family members of British citizens and other visa holders.

It is important to note that the possible changes outlined below are only at consultation stage. No changes will be finalised before the consultation closes on 6th October.

Changes to the Immigration Rules are usually introduced in April of each year, so we expect that any changes adopted from this consultation will come into force in April 2012.

Spouses or partners of British citizens or people settled here

Spouse visa maintenance

Currently the spouse of a British citizen or person settled here is able to apply for a 27 month spouse visa. They must meet an English language requirement, show the relationship is subsisting and demonstrate that they have access to finances of at least income support level – around £100 per week for the couple.

The UKBA plans to introduce new clear minimum income requirements for sponsors of spouse visa holders. The UKBA plans to take into account only the income and savings of the sponsor (the British or settled person). They may stop an individual from sponsoring a spouse visa if they have claimed benefits in the twelve months prior, as this could demonstrate they are unable to support themselves.

Settlement from a spouse visa

Currently, non-EEA Nationals who have lived outside the UK for four years with their British spouse or civil partner are able to apply for Indefinite Leave to Enter immediately. This applies only to spouse or civil partners. This provision allows the spouse or civil partner to enter the UK with no time limit on their stay, as the relationship has already proven to be durable outside the UK.

Other applicants (spouses, civil partners, unmarried or same sex partners) can apply for a spouse visa, which is issued for 27 months. After two years in the UK, they can apply for Indefinite Leave to Remain.

The UKBA plans to abolish Indefinite Leave to Enter for spouses. All spouses* will be required to complete a five year probationary period. Only after five years in the UK, if the relationship is still subsisting, will the spouse* be able to apply for Indefinite Leave to Remain.

The UKBA is also considering introducing a requirement that couples demonstrate their attachment to the UK. The couple should have more ties to the UK than to any other country. This may be measured by the duration of each person’s residence in the UK, any qualifications undertaken in the UK and work or children in the UK.

Other dependant relatives of British citizens or people settled here

English language requirement for adult dependants

Dependants, other than spouses*, do not currently have to demonstrate any English language ability when applying for limited leave.

The UKBA plans to introduce an English language requirement for dependants aged 16 – 64. These applicants would need a basic level of English (level A1 of the CEFR) in order to make a successful dependant visa application.

Settlement for adult dependants

Adult dependants of British citizens or people settled here are currently able to apply for Indefinite Leave to Enter. This allows them to enter the UK with no time limit on their stay.

The UKBA plans to abolish Indefinite Leave to Enter for adult dependant relatives of British citizens or people settled here. All adult dependant relatives will be required to complete a five year probationary period. Only after five years in the UK, if the relative remains dependant on the sponsor, will they be able to apply for Indefinite Leave to Remain.

Dependant relatives of PBS migrants

English language requirement for dependants of PBS migrants

Currently dependants do not have to demonstrate any English language ability when applying for limited leave. Dependants aged 18 – 64 only need to demonstrate their English language ability at the time of their Indefinite Leave to Remain application.

The UKBA plans to introduce an English language requirement for dependants aged 16 – 64. These applicants would need a basic level of English (level A1 of the CEFR) in order to make a successful dependant visa application.

Settlement for adult dependants of PBS migrants

Currently partners of PBS migrants need to complete two years in the UK before they can be included on the main applicant’s Indefinite Leave to Remain (ILR) application.

The UKBA plans to change the qualifying period for ILR for spouses of PBS migrants. All dependant partners will be required to complete a five year probationary period. Only after five years in the UK, if the relationship is subsisting, will they be able to apply for Indefinite Leave to Remain.

ECHR Article 8

Article 8 of the European Convention on Human Rights is concerned with respect for private and family life.

This right, however, is not an absolute right. This means, that where other interests are in opposition to this right, it can be ‘overruled’. The government is currently looking at when it would be necessary to interfere with a person’s right to private and family life.

The government states that it may be appropriate to interfere with this right when it is in the public interest, e.g. when it is necessary for public protection or would be in the country’s economic interest.

The government will be looking at how to balance the individual’s right to private and family life, and public protection. Once these decisions have been made, the Immigration Rules will be amended to reflect them.

*Where ‘spouse*’ is used in this article, the term covers spouses, civil partners, unmarried partners and same sex partners.

UKBA corrects rules for spouse and PBS dependant visa holders

Friday, July 8th, 2011

The qualifying period for Indefinite Leave to Remain (ILR) for spouse visa holders is two years. Applications can be made up to 28 days before the two year period in the UK is completed.

The two year qualifying period can be completed entirely on a spouse visa, or can include time previously spent on a PBS dependant visa.

The provision for time spent on a PBS dependant visa to contribute to the qualifying period is outlined in the Immigration Rules. However, this section has been mis-drafted, and currently contains a significant error. We have brought this mistake to the UK Border Agency’s attention and they are now in the process of correcting the wording.

The UK Border Agency Policy Team has categorically confirmed that the two year qualifying period for spouse visa holders can include time spent on a PBS dependant visa, despite the outstanding mistake in the Rules.

We have been assured that all caseworkers will be informed of the correct interpretation of the Immigration Rules, as outlined above, and that applications will be decided accordingly while the Rules are being amended.

Who does this apply to?

PBS dependant partners need to have spent two years in the UK with the main applicant in order to be included on their ILR application. If the dependant partner has not been in the UK for two years when the main applicant applies for ILR, they cannot be included on the application. When the main applicant is granted ILR, the dependant partner would need to apply for a spouse visa.

If you have switched from a PBS dependant visa to a spouse visa, and in total have completed two years in the UK, you may be able to apply for ILR now. To clarify, you do not need to have spent two years on the spouse visa itself, as long as your time in the UK with the previous PBS dependant visa and the current spouse visa totals two years.

What should I do?

If you currently have a spouse visa, and have almost completed two years in the UK with either the spouse visa alone, or in combination with time spent on a PBS dependant visa, you may be eligible to apply for ILR now.

We would be happy to carry out a free initial assessment of your case, to offer you personalised advice. Please contact us for up to date information and guidance.

UK Border Agency launches public consultation

Tuesday, July 5th, 2011

The UK Border Agency has recently released a public consultation, looking mainly at routes to settlement.

It is important to note that the possible changes outlined below are only at consultation stage. No changes will be finalised before the consultation closes on 9th September.

Changes to the Immigration Rules are usually introduced in April of each year, so we expect that any changes adopted from this consultation will come into force in April 2012.

The UKBA has stated that any changes will apply to people who first entered the affected categories from April 2011 onwards, thereby affecting a small number of people already in the UK as well as people entering the UK after the changes have been implemented. We await further clarification on this point.

Tier 1

The UKBA has proposed that limited leave (visas with expiry dates) under Tier 1 be restricted to 5 years in total. Migrants will continue to qualify for settlement (ILR) as they do currently. However, any migrants that do not qualify for settlement would not be able to extend their temporary leave. They would therefore need to leave the UK after 5 years.

Tier 2

The UKBA has proposed that Tier 2 become a temporary category, with Tier 2 migrant having no automatic route to settlement (ILR) in the UK. They suggest that the ‘best’ Tier 2 migrants could either be given a different visa from the start, leading to settlement, or be allowed to switch into a new category after 3 years in the UK. In both cases, the qualifying period for ILR would remain 5 years. The UKBA has suggested several possible methods of choosing which Tier 2 migrants should be able to qualify for settlement, including a lottery system or a points test. There may also be a limit on the number of people allowed to qualify for settlement.

Any migrants who were not chosen to enter or switch into the new category leading to settlement would have their total leave under Tier 2 capped at 5 years. Therefore, any Tier 2 migrants not selected to settle would have to leave the UK at the end of 5 years.

Furthermore, the UKBA suggests that these migrants would then have to spend a minimum period of 12 months outside the UK before applying for another Tier 2 visa.

As outlined above, the UK Border Agency has stated that those who entered Tier 2 before April 2011 should not be affected by any potential changes brought into force after the consultation.

English language for dependants

The UKBA proposes to introduce an English language requirement for dependants, where the main applicant’s visa leads to settlement. The suggested level would be A1 of the CEFR; a basic English language level.

Potentially, dependants of Tier 2 migrants entering with the new visa leading to settlement, or switching into the new route for settlement after 3 years in the UK, would have to demonstrate their English language ability at this stage.

Tier 4

There are no further proposed changes to Tier 4, as it does not lead to settlement.

Tier 5

The UKBA has suggested capping the total leave of migrants in the UK under the Tier 5 temporary workers category to 12 months. Currently, some Tier 5 leave can be extended for up to 6 years.

In addition, the UKBA proposes to remove the provision for dependants to join Tier 5 migrants in the UK. Currently, the spouse and children of some Tier 5 migrants are able to join them in the UK, and are usually free to work in the UK.

The Tier 5 Youth Mobility Scheme will be unaffected by these proposals.

Overseas domestic workers – in private households

The UKBA has suggested that most overseas domestic workers should be granted entry to the UK as visitors, thereby limiting their stay to 6 months. Only overseas domestic workers employed by Tier 1 and Tier 2 migrants would be allowed to stay for a longer period, with their leave being capped at 12 months. Currently, overseas domestic workers can extend their stay in the UK, and can qualify for settlement after 5 years.

In addition, the UKBA proposes removing the provision for dependants to join overseas domestic workers. Currently, the spouse and children of overseas domestic workers in private households are able to join them in the UK, and are usually free to work in the UK.

UK Ancestry

There are no proposed changes to the UK Ancestry category.

10 years Long Residence route to Indefinite Leave to Remain

The 10 years Long Residence route has not been mentioned in the UKBA’s current consultation document. However, it has previously been made clear that the UKBA would like to abolish this route to settlement. Unfortunately, there is no confirmation at this stage of whether the 10 years Long Residence route to settlement will remain unchanged.

Your opinion

This consultation is open to the public, and anyone is able to respond to the UKBA’s proposals.

The full consultation document is available here.

The response form is available here.

UK Work Permits would advise anyone who wishes to apply for a visa in any of the affected categories to apply as soon as possible. Please contact us for up to date information and guidance.

UKBA clarify Indefinite Leave to Remain rules – good news for Work Permit holders

Tuesday, May 17th, 2011

The UKBA has recently clarified their policy in relation to visa holders who cannot meet the qualifying period for Indefinite Leave to Remain before their visa expires in the UK.

In order to qualify for Indefinite Leave to Remain as a work permit holder, applicants must have completed the relevant qualifying period (five years) in the UK. It is established policy that applicants can apply for ILR up to 28 days before the qualifying period has been completed. The qualifying period begins on the day that the applicant enters the UK (or in the case of visas granted inside the UK, the date of issue), so providing an applicant enters the UK with their work permit entry clearance visa less than 28 days after the visa was issued, they should qualify for ILR before their 5-year visa expires.

Holders of 5-year work permit visas who entered the UK more than 28 days after the issue date of their visa have previously been told that they would need to extend their visa in order to qualify for ILR.

The UKBA has now confirmed, via an update to their internal guidance that these applicants will be able to use the time between the date of issue of their visa and their entry into the UK (up to a maximum of three months) to contribute towards the qualifying period of five years.

For example, an individual was granted a 5-year work permit visa on the 1st June 2006, but first entered the UK on 15th July 2006. Before this policy was altered, the individual would have completed their qualifying period on 15th July 2011, and been able to apply 28 days early, on 17th June. This date is still after the expiry of their visa, so the individual would have needed to extend their visa before applying for ILR.

Under the new guidance, the same individual would be able to apply up to 28 days before their visa expires, i.e. on or after 4th May 2011.

It should be noted that this new policy will not allow individuals to apply for ILR if they have been granted visas totalling less than 5 years. In addition, this policy will not allow applicants to apply early if they have a visa that lasts until the completion of the qualifying period, i.e. if they have been granted a combination of visas totalling more than 5 years.

As it stands, this policy also appears to apply to those individuals holding Ancestry and spouse/ unmarried partner visas.

If you have any questions about how this new policy might affect you, or if you would like to take advantage of our free initial assessment, please do not hesitate to contact us.

UK Border Agency announces expansion of Tier 1 (Entrepreneur) and Tier 1 (Investor) categories

Friday, April 1st, 2011

The UK Government has announced changes to the Tier 1 (Entrepreneur) and Tier 1 (Investor) categories to encourage more applications for these visas. The main changes, which will come into force 6th April 2011, include fast-tracked routes to settlement, a new investment threshold for Tier 1 (Entrepreneur) and the introduction of a visitor visa for prospective entrepreneurs.

Tier 1 (Entrepreneur) visa:

The current investment threshold for Tier 1 (Entrepreneur) is £200,000.  There will now be a lower investment threshold of £50,000 if that funding has been provided by one or more of the following:

  • Registered venture capitalists regulated by the Financial Services Authority (FSA);
  • Registered UK entrepreneurial seed funding competitions; and/or
  • UK Government Departments.

Changes have also been made to enable pairs of entrepreneurs to access this category. This will allow business partners to enter the UK without need for additional funding. In this situation it will be necessary to prove that each business partner has equal access to the required funds.

In addition to the above changes, a new prospective entrepreneur visitor visa will be introduced. This visa will allow individuals to enter the UK to obtain funding. Once in the UK with such a visa, prospective entrepreneurs may switch to Tier 1 (Entrepreneur) without needing to leave the UK.

The entry clearance period for Tier 1 (Entrepreneur) category is being increased from 3 years to 3 years and 4 months in order to reduce the need to apply for additional extensions.

Tier 1 (Entrepreneur) visa (settlement):

The residential qualifying period for Indefinite Leave to remain for Tier 1 (Entrepreneur) visa holders will be reduced to three years if the entrepreneur has created at least ten jobs for resident workers or turned over £5 million in a three year period. The current 5 year qualifying residence period will also remain for individuals who do not meet the requirements for fast-tracked settlement. The permitted limit of days of absence from the UK will be increased to 180 days in any 12 months.

Tier 1 (Investor)

As with the Tier 1 (Entrepreneur) scheme, the entry clearance period in this category is being increased from 3 years to 3 years and 4 months in order to reduce the need to apply for additional extensions.

Tier 1 (Investor) visa (settlement):

The residential qualifying period for Indefinite Leave to remain for Tier 1 (Investor) visa holders will be reduced to two years if the investor has invested a sum of £10 million or more for two years, or three years if they have invested a sum of £5 million or more for three years. The current 5 year qualifying residence period will also remain for individuals who do not meet the requirements for fast-tracked settlement. As above, the permitted limit of days of absence from the UK will be increased to 180 days in any 12 months.

More details on Annual Limit on Immigration – Tier 2 of the Points Based System

Friday, March 18th, 2011

Further to earlier posts, the UK Border Agency has recently revealed more details on how the Annual Limit on Tier 2 migration will operate from 6th April 2011

Certificates of Sponsorship

From 6th April, Tier 2 Certificates of Sponsorship will be divided into two ‘notional’ categories, based on whether they will fall under the Limit:

Restricted Certificates of Sponsorship (Re CoS)

There will be an annual limit of 20,700 restricted CoS available to Tier 2 sponsors for the year commencing 6th April 2011.

In general, employers will need a Restricted CoS in order to sponsor a non-EEA national who is currently outside of the UK, so it is perhaps easier to define the situations that will not require Restricted CoS:

Unrestricted Certificates of Sponsorship (Un CoS)

From 6th April, there will be situations where Sponsors do not need to apply for a CoS that is subject to the Annual Limit. These situations are as follows:

• Tier 2 (Intra-Company Transfers);
• Tier 2 migrants or Work Permit holders with valid leave who are extending their stay or changing employer;
• Those in another category of stay applying to switch into the Tier 2 (General) category (where switching rules allow this). This includes those currently holding Student, Tier 4, or Tier 1 (Post-Study Work) visas;
• Those seeking admission to fill a vacancy attracting a salary of £150,000 or more.

There will be no limit on the number of CoS that Sponsors can issue to migrant workers in the situations described above. However the UKBA will expect employers to be reasonable in their requests for Unrestricted CoS, and Sponsors will need to provide reasons for requesting a particular number of these.

Restricted Certificates of Sponsorship

In order to obtain a Restricted Certificate of Sponsorship, Sponsors will need to apply to the UK Border Agency, in a manner similar to the system that has been in place since July 2010. The Annual Limit of 20,700 CoS will be divided up into a monthly limit of 1,500 (with 4,200 being available in the first month of the Limit, April 2011). The UKBA will award CoS to those applications that score the highest number of points in a specific published points test.

Points gained for Shortage Occupation List jobs will put these requests in front of the vast majority of non-Shortage Occupation requests. The UKBA has also defined a very short list of ‘PhD level’ jobs which gain additional points.

At each monthly panel meeting, the UKBA will award CoS to requests with the most points first. Where awarding CoS to all requests at a certain points level would exceed the number of CoS left for that month, the UKBA will only award up to 100 extra CoS per month, for requests which meet that particular points level. In this way, the actual monthly quota will probably fluctuate slightly each month (from the preliminary 1,500).

The UKBA accepts requests for Restricted CoS quotas via a new online system, and these requests can only be made within 3 months of the intended start date. Requests submitted by the 5th day of a month will be decided on the 11th day of the same month (the ‘Allocation Date’). Unlike under the Interim limit, it will no longer be possible to provide an ‘explanation’ as to why it is vitally important to the company that a CoS be issued. Requests will be decided purely on the basis of the number of points they score.

Once a Restricted CoS has been granted, it must be assigned within 3 months.

Unrestricted Certificates of Sponsorship

Where employers wish to sponsor migrant workers in situations that only require Unrestricted CoS (as defined above), this will be much more straightforward: employers will be given an annual quota of Unrestricted CoS at the start of each year. Sponsors have previously been given quotas to run for twelve months from the date of the approval of their Sponsor’s Licence. All annual quotas will now run from 6th April 2011 – 5th April 2012.

On 6th April, all Certificates of Sponsorship (both General and ICT) will be wiped from all Sponsor Management Systems. Employers will only receive a quota of Unrestricted CoS where they make a one off request for such a quota. For employers who applied by 11th March, a quota for Unrestricted CoS should be in place as of 6th April. If a sponsor has not applied before this deadline, they should apply as soon as possible: it isn’t clear how long the UKBA will take to consider these applications.

Changes to Tier 2 (General)

Graduate level

Significantly, as of 6th April, Tier 2 will be restricted to Graduate level jobs, or, to be more specific, jobs deemed to be at NVQ level 4. The UK Border Agency has published new sub-sets of the ‘Codes of Practice’, identifying roles and occupations in each level. The requirements apply as follows:
• In order to qualify for a Restricted CoS, the role will need to be identified as being at NVQ level 4.
• In order to qualify for most unrestricted CoS, the role in question will need to be at NVQ level 4.
• However, in the case of Change of Employment and work permit / Tier 2 extensions, a role deemed to be at NVQ level 3 will be adequate.

It will not be necessary for the applicant to hold a degree level qualification – the new requirement is merely an indication of the skill level of the role that the applicant will be engaged in.

This list of Graduate Level jobs is likely to prove highly contentious. It will not normally be possible for sponsors to successfully argue that a particular role is at graduate level if it appears to not be included in the NVQ 4 list. However in some industries it may be possible to ‘move’ the role up into a Code of Practice that is deemed to be at NVQ 4.

The requirement for roles to be at NVQ 4 (or higher) has also meant that all positions deemed to be below this level have been removed from the Shortage Occupation List, which has now been revised. More information on the revised Shortage Occupation list can be found here.

English Language requirement

Where applicants under the Tier 2 (General) scheme are not from a majority English language speaking country, and have not passed a degree level qualification taught in English, they will now need to pass an English Language Test at a higher level than previously (B1 on the Common European Framework of Reference, rather than A1). An IELTS score of 4.0 is currently deemed to be at level B1.

Changes to Tier 2 (Intra-Company Transfers)

Graduate level

As with the Tier 2 (General) scheme, the Tier 2 (Intra-Company Transfer) scheme will be restricted to Graduate level (NVQ 4) roles only.

Minimum salaries

In order to transfer staff to the UK for more than 12 months (up to a maximum of 5 years), the role must have a salary of more than £40,000 per year.

Individuals who are paid at least £24,000 per year will be permitted to come to the UK for up to twelve months.

In both of the above cases, a migrant worker will not be able to apply for a new Tier 2 (ICT) visa until 12 months after their last visa has expired, i.e. they will need to leave the UK for a year before coming back in under this scheme.

The annual limit means that CoS are in limited supply, and it is crucial that employers submit the correct requests in the correct timeframes and with appropriate explanations. Any employer requiring more information or assistance in this area should call one of our Consultants on 0845 226 4030.

UK Border Agency announces removal of 8 non-graduate occupations from Shortage Occupation List

Friday, March 18th, 2011

The Government announced on 14th March 2011 that it will remove 8 occupations from the Points Based System’s Shortage Occupation List in order to comply with the new requirements for all Tier 2 occupations to be skilled to at least National Qualifications Framework (NQF) level 4. Positions below this level will no longer be considered highly skilled enough to qualify for Tier 2 whether the position is in the Shortage Occupation List or not.

This requirement will apply to all Tier 2 (General) applications from 6th April 2011, except for extensions from Tier 2 and Work Permits where the role is unchanged. I.e. individuals who already have a Tier 2 or Work Permit visa for a role on the ‘old’ shortage occupation list will still be able to extend their visas, even where the role has now been removed.

The occupations that will be removed will include skilled senior care workers as well as certain chef positions.

If an occupation is on the Shortage Occupation List, the likelihood of a request for a ‘restricted’ Certificate of Sponsorship for this position being successful is much higher than for an occupation not on the Shortage Occupation List. This is due to the way the UK Border Agency will now prioritise restricted Certificate of Sponsorship requests. The fact that a position is on the Shortage Occupation List also means that the company is not required to meet the residential Labour Market test for the position.

The full list of occupations to be removed from the Shortage Occupation List is as follows:

  • High integrity pipe welder;
  • Skilled meat boner;
  • Skilled meat trimmer;
  • Airframe fitter;
  • Site supervisor within electricity transmission of distribution industry;
  • Skilled work rider;
  • Skilled sheep shearer;
  • Skilled senior care worker.

Please note that the removal of the skilled senior care worker role will not affect those seeking sponsorship as care home managers or nurses working in care homes. These are separate roles which are considered to be skilled to NQF level 4.

Additionally, some job titles are subject to amendment. Chef jobs on the list will be restricted to those requiring a minimum of 5 years experience at the same or higher status, and paying at least £28,260 per year (after deductions for meals and accommodation). The position must not be in a fast food outlet or an establishment which provides take-away services, or where ‘standard fare’ is served (where dishes are not prepared from fresh/raw ingredients). The position itself must also be one of the following:

  • Executive chef (limited to one per establishment)
  • Head chef (limited to one per establishment)
  • Sous chef (limited to one for every four kitchen staff per establishment)
  • Specialist chef (limited to one per speciality per establishment)

For advice and information on whether a role will be considered for Tier 2 under the Shortage Occupation List, click here to contact us.

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