Update on the Tier 2 of the points-based system
The Tier 2 of the points-based system was recently updated. As outlined in our previous series of news articles, the Tier 2 category allows UK employers to recruit skilled workers to fill a particular vacancy they cannot fill with a worker from the UK domestic workforce.
To be eligible under Tier 2, the applicant must have a skilled job offer and a Certificate of Sponsorship from an organisation that is a licensed sponsor in the UK.
Recently, the Home Office made several changes to the Tier 2 of the points-based system, namely to:
- Remove PhD-level occupations from the Tier 2 limit;
- Add an exemption from the 180 days absence requirements for continuous leave for applicants in PhD-level occupations who are undertaking research overseas;
- Add statutory parental leave, sick leave, absence due to assisting in a national or international environmental or humanitarian crisis overseas and taking part in legal strike action to the list of permitted absences that can benefit from certain exemptions under Tier 2; and
- Add the Department of Education ‘Teaching Vacancies’ service on GOV.UK as an acceptable form of advertising under the Resident Labour Test
Unrestricted Certificate of Sponsorship (CoS) – PhD-level occupations
For all Tier 2 (General) entry clearance applications, employers are no longer required to obtain a restricted CoS if the application is for a PhD-level occupation listed in table 1 of Appendix J. In other words, employers do not need separate permission for this type of application before they issue a CoS from their annual allocation of CoS.
Exemption from the 180 days absence requirements – applicants in PhD-level occupations undertaking research overseas
There is now an exemption in the Immigration Rules for migrants and their dependents from the 180 days continuous leave rules for applicants in PhD-level jobs, where the absence was to conduct research overseas. Therefore, absences for research purposes will not break the continuous period. And this is on the condition that the applicant’s sponsor provides a confirmation statement.
Additional permitted absences
Considering any absences from employment or reductions in salary in connection with a Tier 2 migrant, assisting in a national or international humanitarian or environmental crisis overseas and taking part in strike action as part of a legally organised industrial action are now being classified as permitted absences. And this exclusively applies to Tier 2 ICT entry clearance applications and Tier 2 Indefinite Leave to Remain applications.
Advertising under the Resident Labour Test – Department of Education ‘Teaching Vacancies’ service on GOV.UK
Apart from advertising on media such as Find a Job, Indeed and Totaljobs, the Department of Education ‘Teaching Vacancies’ service on GOV.UK has been accepted as an additional form of advertising under the Resident Labour Test.
You can read more about Tier 2 of the points-based system on the gov.uk website via the link below:
Should you wish to discuss your immigration matter please do not hesitate to contact our professional team of immigration lawyers at barar.london@bararassociates.co.uk or call us at 020 7487 8370. You can access more information about us via https://bararassociates.com/.
