Business Immigration Update: Changes to the Tier 2 Work Permit Visa

The recent Statement of Changes in Immigration Rules HC 1919 outlines the upcoming changes that will be made to the Tier 2 Work Permit category. Although the changes are not as dramatic as those to the Tier 1 visa categories, it is still worth being aware of the changes. To fully understand the amendments to the Tier 2 Work Permit category before submitting an application to the Home Office, schedule a meeting with our Immigration Solicitors who are able to explain all the changes and advise on our complete package services and how that can lead to a successful application.   

What are the main changes to Tier 2 Work Permits?

The Tier 2 category of the Points-Based System caters for migrant workers who have an offer of a skilled job from a licensed employer. There are four work permit categories: General, Intra-Company Transfer (“ICT”), Minister of Religion and Sportsperson. As of 29 March 2019, there will be amendments in force for the Tier 2 Work Permit visas.

Following a review published by the independent Migration Advisory Committee (“MAC”) on 19 January 2016, the Home Office increased the minimum salary threshold for Tier 2 visas to £30,000. Within the Statement of Changes to the Immigration Rules HC 667 dated 3 November 2016, an exemption from this increase was introduced for nurses, medical radiographers, paramedics and secondary school teachers in mathematics, physics, chemistry, computer science, and Mandarin. The main change to this visa category is that this exemption was due to end in July 2019 but it is being extended. It will be reviewed as part of the introduction of the future border and immigration system.

There are also some minor updates to Appendix J of the Immigration Rules: Codes of Practice for Skilled Work and Appendix K of the Immigration Rules: Shortage Occupation List. There is no change to the overall limit of Certificate of Sponsorship (“CoS”) issued so it will remain at 20.700.

How will the new changes affect my Tier 2 Work Permit application?

On the whole, these amendments should not greatly impact or change the Tier 2 application process, although it is strongly advised to seek legal advice from our specialist immigration team comprised of qualified solicitors and barrister before making any business visa application. The main requirements for a Tier 2 visa are as follows:

  1. Applicants must obtain 50 points for Attributes – To acquire 50 points for Attributes, Applicants must be able to show that the job offer has satisfied the RLMT, show a valid CoS number and be awarded the appropriate. It is possible to be exempt from the RLMT in certain circumstances which would need to be clearly put forward to the Home Office for the avoidance of doubt.
  2. Applicants must obtain 10 points for Maintenance – To acquire 10 points for Maintenance, Applicants must be able to show that they can be maintained and accommodated in the UK without recourse to public funds. It is possible for employers to certify their employee’s maintenance on the CoS in order to meet this requirement.
  3. Applicants must obtain 10 points for the English Language requirement – To acquire 10 points for the English Language requirement, Applicants must meet a minimum level of CEFR level B1 in reading, writing, speaking and listening or have an academic qualification that was taught in English. Applicants from majority English speaking countries can satisfy the English Language requirement by proving their nationality.

What are the benefits of a Tier 2 Work Permit Visa?

The Tier 2 Work Permit allows highly skilled migrant workers to be employed in the UK. This can then lead to settlement after 5 years continuous lawful leave on this route, subject to the conditions under the Immigration Rules. It is especially importing when applying for indefinite leave to remain under the 5 year Tier 2 visa route that the Applicant does not have excessive absences from the UK within that 5 year period. Furthermore, those who hold indefinite leave to remain for one year may then be eligible to apply for British citizenship.

Our business immigration team specialise in Tier 2 Work Permit applications and are more than happy to arrange a consultation to advise on the latest changes to the Immigration Rules and how we can assist with the preparation of a successful Tier 2 Work Permit application.

You can access the full latest Statement of Changes here: Statement of Changes in Immigration Rules HC 1919 March 2019 LEXVISA Solicitors and Barristers

Using Legal Representation to apply for Tier 2 Work Permits

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 an application for a Tier 2 visa under the Points Based System of the Immigration Rules.

Caseworkers at the Home Office are trained to reject UK Visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 visa 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 Tier 2 Work Permit application meets the Immigration Rules.

Successful Tier 2 Work Permit 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 Tier 2 visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Tier 2 Work Permit 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 Tier 2 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 possible UK Visa routes and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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