On 6 April 2013 the latest changes to the Immigration Rules will take effect. Below is a brief overview of the main changes that will affect your company if it is a Tier 2 sponsor.
Minimum salary requirements
The minimum salary requirements that must be satisfied in order for a migrant to make an application under Tier 2 have been recalculated with inflationary rises:
|
Category |
Criteria |
Current salary threshold |
New salary threshold |
|
Tier 2 (General) |
Jobs which qualify for Tier 2 (General) |
£20,000 |
£20,300 |
|
Tier 2 (General) |
Jobs which are exempt from advertising in Jobcentre Plus |
£70,000 |
£71,000 |
|
Tier 2 (General) |
Jobs which are exempt from the annual limit and Resident Labour Market Test |
£150,000 |
£152,100 |
|
Tier 2 (Intra-Company Transfer) |
Jobs which qualify for Short Term Staff, Skills Transfer or Graduate Trainee subcategories |
£24,000 |
£24,300 |
|
Tier 2 (Intra-Company Transfer) |
Jobs which qualify for the Long Term Staff subcategory |
£40,000 |
£40,600 |
|
Tier 2 (Intra-Company Transfer) |
Workers who can extend their stay in the UK for up to nine years |
£150,000 |
£152,100 |
The UKBA intends to now review the minimum salary requirements on an annual basis in line with wage inflation.
Resident Labour Market Test
Greater flexibility will be introduced in respect of the Resident Labour Market Test - it will no longer be necessary to advertise at a source listed by the UKBA and instead it will be possible to choose the location of the advertising campaign yourselves, provided the location meets the parameters set by the UKBA, which are yet to be confirmed.
In order for a position to be exempt from the Resident Labour Market Test the salary requirement has been increased from £150,000 to £152,100 or the position must be listed on the UKBA's revised shortage occupations list.
Salary reductions
Under the current Immigration Rules, when an employee's salary is to be reduced below that stated on their Certificate of Sponsorship he must submit an application to the UKBA to record a change of employment before a salary reduction can take effect.
After 6 April, this will no longer be necessary. Provided the employees' salary remains above the minimum salary requirement and that specified in the UKBA's Codes of Practice it will not be necessary for them to submit an application to the UKBA before the salary reduction can take effect.
Intra-Company Transfer Migrants
In order for an employee to make an application as a Tier 2 (Intra-Company Transfer) migrant, either under the Short Term or Long Term Staff subcategory, they must have been employed overseas for a period of at least twelve months. Hitherto, the UKBA has asked that employees provide their past twelve months' payslips or past twelve months' bank statements showing receipt of their salary payments in evidence of this.
In a step forward, the UKBA has dispensed with this requirement and it will only be necessary for employees to provide documentation evidencing their past twelve months' employment when requested by the UKBA.
Codes of Practice
The UKBA's Codes of Practice have been revised and updated with changes being made to the minimum salary requirements as well as the skills level for some occupations.
Cooling-off period
The twelve-month cooling-off period which must be completed by Tier 2 migrants after they have left the UK has been subject to a change so that applicants seeking to enter the UK to undertake a role with a salary of £152,100 per annum or more will not need to complete the cooling-off period.