Tier 2 Visa
This scheme has now been replaced by Tier 2 of the Points Based System. Tier 2 was implemented on 27 November 2008 and offers an entry route into the United Kingdom for skilled workers who are citizens of countries outside of the European Economic Area. In all cases people applying for entry under this scheme MUST be in possession of a JOB OFFER and fulfill other requirements.
People wanting to extend their leave to remain in the UK who were initially granted leave under the Work Permit scheme are allowed to switch into Tier 2.
For more information about Tier 2 visas, please refer to the UK Border Agency website or Contact Us.
Details of the previous scheme have been kept for the purposes clarity as a means of reference, and are as follows: |
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The Law – your responsibility as an employer |
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It is a legal requirement for employers to ensure that their staff have permission to work. Hiring foreign workers illegally could end in prosecution for both the employee and the company. Any employer who wants to hire a foreign worker who does not have permission to work will have to get a work permit for the worker. |
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Skills |
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A work permit is issued by Work Permits (UK), which is part of the UK Home Office. It gives an employer the right to employ a named person in a specific job. Work permits are only available for jobs requiring high levels of qualification, experience and skills. For example, a doctor or an IT analyst would usually qualify while a call centre operator would probably not. |
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The Resident Labour test |
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As an employer applying for a work permit you must also have advertised the vacancy and show that no other qualified candidate applied for the job from within the “resident” labour market. Not all employers need to advertise the vacancy, though: the advertising rule is not applied when an employee is being transferred within a multi-national organisation. |
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Types of work permits |
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There are two types of work permit applications. These are:
- Tier 1: Mainly for so-called "company transfer" type work permit applications. These applications are quite straightforward for well established companies.
- Tier 2: For "new hire" type applications. An employer must provide evidence of efforts to recruit and of the candidate's qualifications and experience.
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Employer credibility |
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If, as a company, you have never applied for a work permit before you will need to show that you are an established organisation and have the capacity to provide the employment offered. This usually means providing accounts and a selection of other information to show that the company is trading. If you are transferring an employee within a multi-national company you will need to prove the link between the two offices. |
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Changing employers |
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A work permit cannot be automatically transferred. If you want to recruit somebody who already has a work permit you will need to make a new application for this person. However, you will not normally need to conduct a recruitment exercise. |
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Visas and changing immigration status |
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Once a work permit is issued when a worker is abroad, the worker must then apply for a visa for himself/herself and his/her family. If, however, the worker is in the UK, he/she must apply to have the immigration status changed - known as "switching". In many cases, "switching" is not permitted, so it is vital that you know the rules on this before embarking on the application process. |
