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UK: Present Tier 2 Visa Rule Changes

Important Facts

The authorities in UK have made numerous alterations in the immigration rules, which came into effect since 6th July, 2018. It affected several categories, but those made to Tier 2 visa rules were important. After people waiting for countless months in several cases to get the UK visa, August 2018 brought some positive news for immigrants of Tier 2 category, residing outside the Kingdom. The employers having the Tier 2 sponsor license were also happy. There was a reduction of point’s requirement for Restricted CoS in August from 41 to merely 21 points. Moreover, for the past eight months the salary threshold for applications was high, and the employers were not in a position to afford paying a huge salary that is necessary to get sufficient points for the tier 2 visa.

Additional Facts

The reduction in points happened owing to the removal of medical professionals from the Certificate of Sponsor cap. This resulted in availability of more Tier 2 visas. Presently employers can gain sufficient points for a restricted Certificate of Sponsors, when they fulfill all the requirements. There is a possibility of refusal of applications if they do not follow the requirements carefully. The matter relates to Resident Labor Market Test. People have criticized the Home Ministry guidelines, for being lengthy, complicated and such that they cannot understand easily. The N.H.S. was facing severe skills shortage; and the changes of the Home Office means that doctors from non-EU areas are exempt from the Tier 2 visa cap. The government feels that this will diminish the stress on the N.H.S., and also help employers owing to a decrease in demand for Restricted CoS.

Other information

As per the government statement, there is demand for Tier 2 visas because of the N.H.S. It accounts for 40% of Tier 2 visa positions. Furthermore, the medical professionals' exemption, from the Tier 2 visas came into effect after the monthly meeting held in July for Tier 2 Certificate of Sponsor allocation. Tier 2 visa CoS are easy to obtain now because demand exceeds monthly allocation for the past eight months. During July, for most cases, there was a need of annually earning £41,000, for gaining sufficient points. Presently, a great deal of the backlog appears to be over. The salary rates for a restricted Certificate of Sponsor, in August 2018, can be £30,000 or even low.

Important notes

Also despite lifting cap restrictions, NHS employers have an obligation to conduct a resident labor market test in order to show that the skilled vacancy was not filled up by a local worker. The visas will be allotted from the unrestricted Certificate of Sponsor allocation of the employers. The employers must apply to the Home Office for gaining an increase in unrestricted CoS allocation.

Tier 2 visas changes under review

The authorities are also considering a review of Tier 2 visa changes. The guidelines are unclear but if there is a sudden increase in the number of sponsoring of job positions cap restrictions will be removed. The government also intends to review the occupation list as a result of removal of medical professionals through the Migration Advisory Committee.

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