Hiring Tier 2
migrants? 5 MORE
things you should know
December 12, 2016
The latest Tiers 2 and 5: guidance for sponsors outlines the new rules which sponsors must adhere to when employing Tier 2 and 5 migrants.
Further to Hiring Tier 2 migrants? 5 things you should know, we discuss more key points contained in the new guidance which are vital to the compliant employment of Tier 2 migrants by licensed sponsors.
- Migrants sponsored under Tier 2 and its subcategories are allowed to undertake other work as well as that for which their Certificate of Sponsorship (CoS) was assigned. Restrictions apply, of course, and in such cases supplementary employment must be in the same profession and at the same professional level as the work for which the migrant’s CoS was assigned, or be a job which is on the ‘Shortage occupation list’.
- Migrants sponsored under Tier 2 may also engage in courses of study and there is no restriction on the number of study hours or the level of course which they undertake. Their studies must not, however, affect their ability to carry out the job they have been employed to do.
- The Tier 2 Intra-company Transfer (ICT) visa subcategory, Skills Transfer, closed on 24 November 2016. Apart from this subcategory being unavailable to new hires, the closure will also affect returning migrants who previously spent time in the UK under a Tier 2 (ICT) Skills Transfer visa and now wish to return to the UK via a different visa category (other than Tier 2 (ICT) Long Term) as they will be subject to a 12 month cooling-off period before another application can be submitted.
- Migrants in all Tier 2 categories must be paid at the appropriate rate. The Tier 2 (General) threshold for experienced workers has risen to £25,000 and will be raised again in April 2017 to £30,000. Only applicants who were initially granted leave to enter or remain with a CoS assigned before 24 November 2016 will continue to be subject to the £20,800 threshold.
- Employers should take care to ensure that the complex rules surrounding financial allowances are adhered to. Under the Tier 2 (ICT) Long Term subcategory, for example, up to 30% of an applicant’s salary can be made up of accommodation allowances whereas the Home Office will accept an accommodation allowance of up to 40% of the gross salary for a Tier 2 (ICT) Short Term application.
Smith Stone Walters is a UK immigration practice specialising in moving people to the UK. Contact us for advice and support on your UK immigration needs or click here for more information on our services.