On 16 October 2014 the Home Office laid its latest Statement of Changes in relation to its rolling-out of measures provided for in the Immigration Act 2014.
Tier 2 (from 6 November 2014)
Genuine vacancy
The Home Office will enjoy the power to refuse Tier 2 applications if it has a reasonable belief that a genuine vacancy does not exist. As part of this test, decision makers will be looking at the job description in more detail to ensure that it has not been “exaggerated to meet the Tier 2 Skills threshold, or been tailored to exclude resident workers from being recruited or that the applicant is not qualified to do the job”. This is widely interpreted as ushering in a subjective element into the Points Based System, which was designed to remove such subjectivity.
Migrants off-site on client contracts
The Home Office will be assessing applications where the Tier 2 migrant will be working on a third party site to ensure that they are not undertaking an ongoing routine role or providing an ongoing routine service. This is to clarify the current guidance that states that Tier 2 migrants can be located at a client site where it is part of a client contract to provide project based services. In practice the effect could be that the Home Office may ask to view more client contracts to show that the work is indeed project based. As at what point contractual work becomes routine is not currently defined.
Out-of-time extension applications
The Home Office will accept Tier 2 (General) extension applications that are out of time but submitted no more than 28 days after the expiry date of the previous visa, and no Resident Labour Market Test shall be required (despite their previous leave having technically ceased).
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