New Tier 2 General rules from 6 April 2013 - should we be worried?
"Not again!", is it what's
going through your mind? Perhaps one day we'll run a story: "Breaking news
- the UKBA doesn't change a thing!"
For now, here is a basic summary of the proposed changes:
- start from the good news: if you have a COS assigned to you by 5 April 2013 then you can apply for a visa with that COS even after 5 April. In this case you'll be applying like Tier 2 rules haven't changed, ie the same codes as now, same salary as before 6 April etc. So, there is no need to rush and submit visa application now, you can do it after 6 April as long as your COS has been assigned to you no later than 5 April.
And now changes for those with a COS assigned from 6 April:
- minimum salary goes up from £20,000 to £20,300, in line with inflation.
- New occupation codes, changed from SOC 2000 codes to SOC 2010. If it does not mean anything to you then it's basically different code numbers for many occupations and some occupations are described or grouped differently. The point is we will all have to follow the new system, ie use the new table, not the old one.
- It appears that the new, SOC 2010 Code of Practice, is based on 39 hours per week when appropriate salary is stated per annum. Under the old system , SOC 2000, it was based on 37.5 hours per week.
- Minimum skill level for new entrants to Tier 2 ( for those who never had a Tier 2 visa or Work Permit before) remains at NQF Level 6. Please note that some occupations from SOC 2000 may be at Level 4 on the SOC 2010, then the new applicants need to follow the new system.
- (Good change) Occupations on the new list will have 2 levels of salary: one for Experienced people (higher salary) and a new Entry Level for broadly less experienced people. This Entry level would, broadly, cover those who are applying for a Tier 2 visa for the fist time ( but won't apply at the extension stage after 3 years) and those under the age of 25 yo. This introduction of an Entry Level would help employers to sponsor younger people, such as those on Post-Study Work visas and those on Tier 4 Student visas because the offered salary is lower and the applicants would have time to prove themselves to the employers before asking employers for a 'proper' salary at a later visa stage.
- Resident Labour Market Test (advertising the jobs) will be changes. Instead of forcing the employers to advertise on JobCentre (frankly, not the best place for looking for skilled people anyway) there will be a rule of using 2 ways of advertising from a choice of media. So, it can be OK to advertise a job on the Internet only on 2 specified websites, without a JobCentre. Employers can still use JobCentre but only if they want to.
- These new rules WILL apply to those who will be applying to extend their Tier 2 visas, to change employment (to change Sponsor) and to those applying for an ILR based on Tier 2 .
Contact us for an Advice Session or Application info@1st4immigration.com or visit www.1st4immigration.com
If you are an immigration adviser or solicitor then you can use our training courses with the award of hours towards your Continuing Professional Development (CPD) . We provide online training (distance learning), which you can study in our own time from any computer or iPad or iPhone. Our CPD training is accepted by The OISC and SRA and we are listed n both websites as accredited training providers.
Visit www.1st4immigration.com/training
For now, here is a basic summary of the proposed changes:
- start from the good news: if you have a COS assigned to you by 5 April 2013 then you can apply for a visa with that COS even after 5 April. In this case you'll be applying like Tier 2 rules haven't changed, ie the same codes as now, same salary as before 6 April etc. So, there is no need to rush and submit visa application now, you can do it after 6 April as long as your COS has been assigned to you no later than 5 April.
And now changes for those with a COS assigned from 6 April:
- minimum salary goes up from £20,000 to £20,300, in line with inflation.
- New occupation codes, changed from SOC 2000 codes to SOC 2010. If it does not mean anything to you then it's basically different code numbers for many occupations and some occupations are described or grouped differently. The point is we will all have to follow the new system, ie use the new table, not the old one.
- It appears that the new, SOC 2010 Code of Practice, is based on 39 hours per week when appropriate salary is stated per annum. Under the old system , SOC 2000, it was based on 37.5 hours per week.
- Minimum skill level for new entrants to Tier 2 ( for those who never had a Tier 2 visa or Work Permit before) remains at NQF Level 6. Please note that some occupations from SOC 2000 may be at Level 4 on the SOC 2010, then the new applicants need to follow the new system.
- (Good change) Occupations on the new list will have 2 levels of salary: one for Experienced people (higher salary) and a new Entry Level for broadly less experienced people. This Entry level would, broadly, cover those who are applying for a Tier 2 visa for the fist time ( but won't apply at the extension stage after 3 years) and those under the age of 25 yo. This introduction of an Entry Level would help employers to sponsor younger people, such as those on Post-Study Work visas and those on Tier 4 Student visas because the offered salary is lower and the applicants would have time to prove themselves to the employers before asking employers for a 'proper' salary at a later visa stage.
- Resident Labour Market Test (advertising the jobs) will be changes. Instead of forcing the employers to advertise on JobCentre (frankly, not the best place for looking for skilled people anyway) there will be a rule of using 2 ways of advertising from a choice of media. So, it can be OK to advertise a job on the Internet only on 2 specified websites, without a JobCentre. Employers can still use JobCentre but only if they want to.
- These new rules WILL apply to those who will be applying to extend their Tier 2 visas, to change employment (to change Sponsor) and to those applying for an ILR based on Tier 2 .
Contact us for an Advice Session or Application info@1st4immigration.com or visit www.1st4immigration.com
If you are an immigration adviser or solicitor then you can use our training courses with the award of hours towards your Continuing Professional Development (CPD) . We provide online training (distance learning), which you can study in our own time from any computer or iPad or iPhone. Our CPD training is accepted by The OISC and SRA and we are listed n both websites as accredited training providers.
Visit www.1st4immigration.com/training
