The Tier 2 minimum salary requirement increase that was proposed by the government last year has come into effect as of today, 6 April 2017. This will require companies to pay salaries of at least £30,000 to overseas workers in order for them to be eligible for Tier 2 sponsorship, or the ‘appropriate rate’ in certain cases if that is deemed to be higher.
What is the Tier 2 Minimum Salary Requirement increase?
In order to apply for a Tier 2 visa, an applicant and their sponsoring employer must ensure that they meet certain requirements, the most important of which is salary. The government has segmented the employment sector by industry, and in turn segmented each industry by job position and title. This allows the government to identify the ‘appropriate rate’ of salary for each position, that is to say the average or expected salary rate. Employers must pay special attention to these rates, as overseas staff must be paid either the ‘appropriate rate’ of salary or the minimum salary requirement as stipulated by the government. The Tier 2 minimum salary requirement increase that has come into effect has seen that minimum salary requirement increase from £25,000 to £30,000, meaning that it is now more expensive for employers to take on overseas staff through sponsoring their Tier 2 visa.
The Tier 2 minimum salary requirement increase affects experienced workers, which is to say that it will affect the majority of workers under the Tier 2 visa route. It will not affect New Entrants, however, who are defined as new applicants to the Tier 2 (General) visa route, and who are either:
- under the age of 26;
- are switching into the category from a Tier 4 visa; or
- have been hired through a milkround recruitment process.
The minimum salary requirement for New Entrants is £20,800, though this is also subject to employers paying the government’s ‘appropriate rate’ if that is higher.
What does the Tier 2 Minimum Salary Requirement increase mean for workers?
The result of the Tier 2 minimum salary requirement increase is that it will now be more expensive for employers in the United Kingdom to sponsor overseas staff on Tier 2 visas. The increasingly expensive and onerous procedures and processes involved in sponsoring and applying for a Tier 2 visa are ultimately designed to reduce the United Kingdom’s net migration, with the obvious corollary being that competent and desirable overseas workers who do not meet the Tier 2 minimum salary requirement may not be able to enter the United Kingdom. It lies on the Tier 2 sponsor, therefore, to be able to present the position as being one that meets requirements for new entrants, or is more competitive in being able to meet the new salary requirements.
Using Legal Representation to Apply for a Tier 2 Visa
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make Tier 2 Visa application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Tier 2 Visa Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.