Tier 2 General Visa route is for migrants who have been offered a place to work in the UK and are being sponsored by the authorised sponsor. If your organisation has successfully obtained a Tier 2 Sponsor Licence, it seems that you are looking for a non-EU skilled person who you would like to employ in your organisation. If this is the case, they will need to successfully apply for a Tier 2 Visa.
There are several different types of Tier 2 Visas:
- Tier 2 General
- Tier 2 Intra-Company Transfer
- Tier 2 Minister of Religion
- Tier 2 Sportsperson
This article focuses on Tier 2 General Visas.
The ability to assist highly-skilled workers from outside the EEA to come to the UK and work in your business can make a tremendous difference to the profit and growth of your organisation. And as the UK leaves the European Union, and freedom of movement ends as a consequence, the ability to recruit talent from outside the bloc will become critical for many sectors.
Although it may seem like the employee’s responsibility to obtain a Tier 2 General Visa, the fact is you will need to partner with them as visa and Sponsor Licence compliance are intertwined. If you fail to conduct the correct Residential Labour Market Test or employ a new migrant in a job that does not meet the appropriate skill level requirements as set out in the Sponsor Guidance, your licence may be downgraded, suspended, or revoked. This could, in turn, lead to your Tier 2 workers’ leave being curtailed. In addition, a Tier 2 General Visa only lasts five years. If the employee wishes to apply for Indefinite Leave to Remain, they must be paid a right amount of salary. Being paid less could result in them having to leave the country and you having to find and train a new employee to replace them.
By using an experienced immigration lawyer to provide you with the best advice, Sponsor Licence holders can ensure their recruiting process is compliant with immigration rules and regulations. This means they can retain the talent they hire, rather than face the costs and loss of productivity which comes with replacing key members of staff.
Tier 2 General Visa Refused? - Advantages of Applying for an Administrative Review
How to Get the Resident Labour Market Test (RLMT) Right?
Whether the Tier 2 applicant is already working in your organisation, perhaps on a Tier 5 Youth Mobility Visa, or you wish to bring them to the UK from a non-EEA country, to sponsor a Tier 2 General Visa worker you will need to undertake a compliant Resident Labour Market Test (RLMT). This is designed to ensure there are no suitable UK citizens or EEA nationals suitable who can fill the position left out. There are some exemptions to this rule, including:
- the job is on the Shortage Occupation List
- where a worker is switching from Tier 4 to Tier 2 (General) and meets certain requirements
- where the job pays over a minimum amount (this figure can change so, please contact us for verification)
To complete a compliant RLMT, you must place two advertisements using methods permitted by UK Visas and Immigration (UKVI).
The advertisement must include the following:
- the job title
- a job description
- the location of the job
- an indication of the salary package or salary range or terms on offer
- the skills, qualifications, and experience needed
- the closing date for applications, unless the job is part of a rolling recruitment programme (in which case the advertisement should state the period of the recruitment programme)
The advertisements must be in place for 28 calendar days, and accurate records of the RLMT need to be maintained. The advertisements must also show the date when the position was first advertised.
Not conducting a compliant RLMT can lead to you being refused a Certificate of Sponsorship and having your Sponsor Licence suspended or even revoked. One of the way to ensure the test is conducted properly and accurate records are kept is to instruct an experienced immigration lawyer to advise you throughout the process. Our team at A Y& J Solicitors, have a great success in assisting companies to sponsor their Tier 2 candidates.
Paying the Correct Salary
One of the most complex issues when recruiting a Tier 2 General migrant is ensuring an ‘appropriate salary’ is paid. This is either £30,000 per year or the ‘appropriate rate’ for the position, whichever is higher. Both Sponsor Licence holders and Tier 2 General Visa applicants can get caught out at the end of five years when the visa expires. This is because, to apply for Indefinite Leave to Remain, a Tier 2 visa holder must earn at least £35,000 per annum.
An immigration lawyer can provide confidence that not only are you paying the ‘appropriate salary’ for the position, but you will be able to retain the Tier 2 migrant after their visa runs out as their pay will meet the minimum income requirements attached to Indefinite Leave to Remain eligibility.
The Applicable Fees
There are several fees attached to non-EEA recruitment. These include:
- the Immigration Skills Charge
- the Healthcare Surcharge for the Tier 2 migrant and their dependents
- proof of savings
Deciding who is responsible for these fees is negotiable between you and your prospective employee. You may choose to include paying the Healthcare Surcharge as part of the employee’s benefit’s package. Or, if you are a small business and the employee wants to remain in the UK by getting to keeping their position in your company, you may recoup the Immigration Skills Charge from them.
If you hold an A-rated Sponsor Licence, you will be able to confirm on the Certificate of Sponsorship that you can cover the proof of savings requirement for the Tier 2 migrant and their dependents. By instructing an immigration lawyer at A Y & J Solicitors, we will explain the charges associated with recruiting a non-EEA national.
In summary
A Y & J Solicitors have years of experience in assisting businesses and Tier 2 applicants, and our team is renowned for their knowledge, practical advice and a friendly, responsive approach.
Our five-star Trustpilot rating demonstrates our commitment to providing exceptional business immigration law advice which can be relied on.
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A Y & J Solicitors are specialists in immigration law based in central London. If you would like to have more information, please contact us at contact@ayjsolicitors.com or call +44 20 7404 7933.
Disclaimer: No material/information provided on this website should be construed as legal advice. Readers should seek an appropriate professional advice for their immigration matters.
