Archive for Tier 2-5 PBS Scheme

Meeting the Skill Level Requirements for Tier 2 (general) & Tier 2 (intra country transfer)


One of the important aspects of the work permit process is employers will need to ensure the position meets the skills requirements of the job description.  If an employer wants to recruit what is the level of the skills the position needs to be?   In relation to the qualifications required for the migrants, please refer to our previous article in this category. The work permit scheme allows employers to be able to recruit if they are unable to find a suitably qualified settled worker.  In determining what the level of skills required will depend if the migrant has been previously been granted leave to remain.

work permit for londonAll migrants coming into the UK under Tier 2 (general) and Tier 2 (ICT) or switching must be coming to fill a vacancy that that is at or above National Qualifications Framework (NQF) level 6 or equivalent.  This would include a position as Manager, Director, or IT specialist Manager, Construction Project Managers etc.

If the employer wants to sponsor a migrant who is already working in either of these categories, then the skill level required is determined on when they were first granted leave.

 The next question that an employer will need to consider is whether the job is available at the skill level required. For example a position offered as local government’s administrative office will not meet the requirements.  Before an employer can sponsor a migrant under Tier 2, they must check that the job will meet the requirements on the skill level of the job and the ‘appropriate rate’ of pay for the job.  If the job does not meet these requirements, they will not be able to assign a certificate of sponsorship.  It is essential to refer to the codes of practice tell the minimum rates of pay and the skill level required before applying.

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Switching from Tier 4 student (general) to Tier 2 (General) work permit employment

Under Tier 4 (general) of the point based system adult aged 16 – 17+ are able to come to the UK to study a course at or above National Qualification Framework level 3.  Entry clearance is a requirement.  The UK economy still actively encourages students to come to the UK to study. Students are able to switch into work permit employment, if suitable employment is secured.


The UK still remains one of the top destinations for students wishing to study, followed by Germany. Germany has is not only Europe’s biggest economy. It is also well-known for its high-class education especially in the field of engineering.

Immigration Minister Damian Green   ‘Britain is open for business to the brightest and the best migrants……..”

 So what are the opportunities for securing a work permit employment to those able to find employment after graduating?   What specific skills are required from the applicant?   In what instances does the resident labor test apply, and when is it exempt? We will be examining the answers to these common questions.

Qualifications Required


The job must require the applicant to have either:


       A UK equivalent degree level qualification; or

       An Higher National Level (HND) level occupational qualification that is

       relevant to the post on offer; or

       An HND level qualification which is not relevant to the post on offer, plus

12 months of relevant full-time work experience; or

       At least 3 years relevant experience at NVQ level 3 or above.



Switching – Post Study work visa & IGS

 Applicants who are in the UK on a Tier1 post study visa or International Graduate Scheme (IGS) will also be able to switch into this category.  

Securing offer of employment

Applicants will first have to secure employment offer in their respective fields of discipline before they can apply.

Resident labor Market Test

The test requires that the employer must advertise  in  national form of media  to enable a resident worker to apply. Eg Job centre plus or a publication that is available throughout the UK.  This test does not need to be done if the applicant is applying following a post study visa or under the International Graduate Scheme (IGS).   The test is also not required where the skill is listed on the shortage occupation list.   The Tier 2 (General) category is also the route for applicants outside the UK who have been offered a skilled job route.


 Applicants must score a minimum of:

 50 points for Attributes, which includes having a sponsor and a valid Certificate of Sponsorship (Appendix A of the Immigration Rules); and



Assigned Certificate of Sponsorship having met the requirements of:

• A resident labor market test exemption; or

• A resident labor market test by the sponsor; or

• An extension – Continuing to work in the same occupation for the same sponsor.


Appropriate salary  £20,300 or above



10 points for English language skills (except for certain Intra-Company Transfers) (Appendix B of the Immigration Rules); and

10 points for Maintenance (funds) (Appendix C of the Immigration Rules).

The Certificate of Sponsorship must confirm that the job is at NQF level 6 (or the equivalent in Scotland) as stated in the codes of practice, or the job is a creative sector occupation skilled to NQF level 4 as listed in the Tier 2 & 5 Sponsor Guidance. This does not mean that the applicant must be educated to that level; it means that the job is at that level.

The Certificate of Sponsorship must also confirm that the applicants will be paid at or above the appropriate rate for the job.

 Leave granted up to 3 years + extension

 Successful Tier 2 (General) applications will be granted leave up to 3 years with the possibility of extending for a further 3 years.  They will not be able to extend beyond 6 years.  Applicants will also not be able to re-apply to return to the UK under Tier 2 until 12 months after their last leave under Tier 2 expired or they can show they have been outside the UK for 12 months, whichever is sooner, unless they will be paid a gross annual salary of £152,100 or more.


Opportunities for Tier 2 Male Migrants under Points Based System:

Migrants are a huge topic within British life and especially in recent times. The debate about migrants is not just about the people themselves, but their culture, background and home country all factor in and affect people’s views and opinions.

 The doors are open

One of the big factors British citizens seem to face is the employment crisis which has come hand in hand with the economic down turn. Newly released figures show that there are real opportunities for applicants seeking work permit employment under Tier 2(General). Although the overall figures of employment are still steadily dropping, male migrants situated within the UK have seen a much higher level of employment than native born citizens. These figures have been the same since 2007, and have continued that way to this day. By having immigrant’s cultures and citizens can learn a lot from each other and enable much better development all round.

Sir Andrew Green, chair of campaign group Migration Watch UK, said: “It is time for a thorough assessment of the impact of immigration on the employment of British workers that this report only touches on.

“The effects may not show up statistically in a labour force of nearly 30 million but the anecdotal evidence is very strong.

These findings have been supplied by “think-tank” who has also revealed that the UK and Germany are the biggest recipients of immigrants globally, with figures doubling within the last few years.

The UK operates with a Points Based System, to attract the brightest and the best, in order for the country to be able to gain. Tier 2 of the PBS system is all about offering “skilled working”.  This means that any immigrants that have the required skills set are able to apply for work permit employment.

This Tier system works very well for the UK and attempts to ensure that anybody trying to gain residency within the UK must be able to fill a gap in the workforce that cannot be filled by a settled worker. This is to stop people coming into the UK and abusing the system, such as coming directly for the NHS.

Tier 2 states that “foreign nationals whom have been offered a skilled job to fill in the gap in the workforce that cannot be filled by a settled worker”, meaning that its aim is to utilize the immigrants in a way in which benefits everybody and the country as a whole.  Many of the UK’s immigrants that were formerly students have been able to switch into this category to remain within the UK and offer something valuable for the country and its residents. This means that the country can now benefit from its migrants and they have a lot to offer.

The UK is still dedicated to attracting the brightest and best immigrants possible, whilst still trying to control immigration fairly and effectively.