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Changes to Tier 2 sponsor guidance published

Posted: 04/05/2012


The UKBA has released the latest changes to the tier 2 sponsor guidance which will come into force on 14 June 2012.

The key changes can be summarised as follows:

  • The skill level for jobs offered to migrants under Tier 2 (general) and Tier 2 (ICT) has increased to graduate level (NQF 6) from degree level (NQF 4).
  • For Tier 2 (general) the increase in skill level means there are now some codes of practice that sponsors have used in the past and which do not contain any NQF level 6 jobs. Sponsors should therefore explore whether there is a more appropriate code for roles that they intend to recruit.
  • Under Tier 2 (general) there is now a new exemption to the rule which allows sponsors to appoint a suitable settled worker if one applies, where the job falls within one of the PhD level SOC codes. This means sponsors are not compelled to appoint a settled worker if one applies. This exemption is only for PhD level SOC codes and in all other situations a settled worker still needs to be employed if they meet the job requirements. 
  • Under Tier 2 (general) jobs which are either paying a salary of £70,000 or more or jobs which fall within the PhD level SOC codes no longer have to be advertised in Jobcentre Plus. In addition they still need to be advertised in the other medium specified in the codes of practice.
  • Where a job falls within one of the PhD level SOC codes under tier 2 (general), a CoS can be assigned to the migrant within 12 months (previously six months) of the date that the Resident Labour Market Test began
  • For all tiers where maintenance is certified on a CoS for a migrant or their dependants, the limit of any undertaking has increased.

For further details, please contact us.


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