A Company, who is on the UK Home
Office list of Tier 2 (General) licensed sponsors, can issue a certificate
of sponsorship to a potential employee who would not otherwise be allowed to
work in the UK. If you want to be in the UK under Tier 2, you must be sponsored
by an employer who has a Tier 2 sponsor license.
As per Home Office statistics, most jobs
for which people are sponsored under Tier 2 are in the following sectors:
·
Information and communications
·
Health and social work
·
Professional, scientific and
technical
·
Education
·
Financial and insurance
Shortage occupations are jobs that
employers find difficult to fill using settled workers only. If a job is on the
shortage occupation list, your employer does not have to carry out the resident
labour market test before offering the job to you. There is a list for the whole
of the UK and a separate list that applies only to jobs in Scotland. This list is regularly reconsidered.
PhD level jobs
PhD level jobs are basically research
posts. You do not necessarily have to have a doctorate degree in order to be
offered a PhD level job, and some occupations that require a PhD are not on the
list of PhD level jobs. They are still subject to the resident labour market
test. However, the advertising requirements for PhD level jobs are more relaxed
than for most other posts and an employer will be able to offer you employment
if you are the best applicant even if settled workers who apply could undertake
the work.
If you are not already in the UK with Tier
2 or work permit immigration permission, the minimum skills level for most
occupations is described as National Qualifications Framework (NQF) level 6.
The lists of jobs that are at this level and above are in the Immigration
Rules Adjunct.
One exception to this requirement applies
to you if you have a specified job in one of the creative sector occupations
(artists, authors, writers, actors, entertainers, presenters, dancers,
choreographers, or product, clothing and related designers), in which case the
minimum skills level is NQF level 4.
The other chance that could apply to you is
if you have an offer of a job that is on the list of shortage occupations.
The lowest wage you can be paid for a Tier
2 (General) job is £20,800 (£20,500 if your certificate of sponsorship is
issued before 6 April 2015). The minimum wage for each different occupation
varies and you will find the relevant wage for your job in the tables we refer
to above in Skills levels of Tier 2 jobs. In many cases, the minimum wage is
more than this, and you cannot be sponsored under Tier 2 if your job will pay
less than the minimum wage associated with your occupation.
Sometimes wages below £20,800 are mentioned
in the occupations tables. This is because some people who are already in the
UK with Tier 2 or work permit immigration permission (leave) can rely on lower
wage levels if they need to apply to extend their leave. There is also an
exception for nurses and midwives who are working towards registration with the
Nursing and Midwifery Council. If these two exceptions do not apply to you, you
cannot rely on wages lower than this minimum level.
For example, from 6 April 2015, the minimum
wage in table 2 (occupations skilled to NQF level 6 and above) for tax advisers
is £19,800 for new entrants. If you meet the definition of new entrant, the lowest wage you can be offered is £20,800.
If you do not meet the definition of "new entrant", the minimum wage
you can be paid is £33,900 (the "experienced worker" rate).
New entrant
Tier 2 (General) applicants who meet the
definition of "new entrant" can rely on the lowest wage for each
occupation, subject to a minimum of £20,800 (£20,500 if your certificate of
sponsorship was issued before 6 April 2015).
You meet the definition of "new
entrant" if you fall within one of the following categories:
You are under 26 years old on the date when
you make your Tier 2 immigration application
Your Tier 2 sponsor recruited you by
carrying out a university milk round (check with your employer if that applies
to you)
You meet the requirements of the post-study work exemption from the
resident labor market test.
Students sometimes believe they cannot
apply for a job, because the job description or specification appears to say
that you need existing permission to work in the UK. The employer is
unlikely to be saying that you need existing work permission in order to apply
for or be interviewed for the job.
The employer is probably correctly saying
that you need to have permission to work in order to start the job. For those
with current Tier 4 leave, or those coming to the end of Tier 1 (Post-Study
Work) or Tier 1 (Graduate Entrepreneur) leave, this would usually mean being
sponsored by the employer under Tier 2.
If you need Tier 2 immigration permission
in order to stay in the UK for work, you should check before applying whether
the employer has a Tier 2 sponsor license.
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