The UK Government recently announced fundamental changes to the Tier 2 categories.
In 2015, the government had commissioned the independent Migration Advisory Committee (MAC) to review the Tier 2 immigration categories. The MAC were specifically requested to advise on how to make the Tier 2 criteria more robust yet flexible enough to allow key skills shortages to be met within the UK.
Having considered MAC’s recommendations and in March 2016 announced key changes to Tier 2.
Here are 7 changes that HR professionals need to be aware of:
- Tier 2 (General) threshold to increase
From the autumn 2016, the Tier 2 (General) salary thresholds for experienced workers will be increased to £25,000 per annum. A further increase of £5,000 to £30,000 will apply from April 2017 onwards. The Government announced that some health and education professionals will be exempt from the higher threshold until July 2019. The minimum threshold of £20,800 for new entrants will be maintained.
Nurses, medical radiographers, paramedics and secondary school teachers in mathematics, physics, chemistry, computer science and Mandarin will be exempt from the new salary threshold.nurses, medical radiographers, paramedics and secondary school teachers in mathematics, physics, chemistry, computer science and Mandarin from the new salary threshold.
- Tier 2 ICT salary threshold
From autumn 2016, the minimum salary threshold for the Tier 2 ICT Short Term category will be £30,000 per annum. Tier 2 ICT Graduates will see the salary threshold decrease from £24,800 to £23,000 per annum.
For those Tier 2 ICT transferees looking to reside and work in the UK for between 5 and 9 and who are classed as higher earners, will see the annual salary threshold requirement fall from £155,300 to £120,000.
- Changes to Tier 2 ICT categories
The current intra-company transfer (ICT) provisions will be simplified by requiring all intra-company transferees to qualify under a single visa category. From autumn 2016, the Tier 2 ICT Skills Transfer category will no longer be available to new applicants. From April 2017, the Tier 2 ICT Short Term visa route will also be closed to new applicants. This will no doubt present problems for larger companies that currently transfer overseas employees to the UK to gain or impart knowledge for the benefit of the wider organization.
- Immigration Health Surcharge
Currently, the Immigration Health Surcharge (IHS) applies to the Tier 2 (General) category and not Tier 2 ICTs. This will change from autumn 2016, when all Tier 2 ICTs will be required to pay the IHS.
- Tier 2 ICT pre-qualifying period
At present, all Tier 2 ICTs must have been employed within the company for 12 months prior to the UK assignment. From April 2017, this requirement will be removed for all Tier 2 ICT applicants in receipt of over £73,900 per annum.
- Immigration Skills Charge
The Government recognizes that there is immediate skills gap in the UK particularly in some sectors on one hand. On the other hand, the Government wants The The to ‘incentivize’ businesses to reduce their reliance on overseas workers and instead invest in training and up-skilling UK workers. To help achieve this, an Immigration Skills Charge will be levied on Tier 2 sponsors at the sum of £1,000 per Certificate of Sponsorship issued per year.
Such a sum will prove eye watering to many employers especially small A reduced rate of £364 will apply to small and charitable sponsors, as defined by Immigration and Nationality (Fees) Regulations. PhD level occupations, the Intra Company Transfer Graduate Trainee category, and those switching from a Tier 4 student visa to a Tier 2 visa will be exempt.businesses. Therefore, a reduced rate of £364 will apply to small and charitable sponsors.
Exemptions will apply to PhD level occupations, Tier 2 ICT Graduate Trainees, and applicants switching from Tier 4 student visas to a Tier 2 visa.A reduced rate of £364 will apply to small and charitable sponsors, as defined by Immigration and Nationality (Fees) Regulations. PhD level occupations, the Intra Company Transfer Graduate Trainee category, and those switching from a Tier 4 student visa to a Tier 2 visa will be exempt.
Fortunately, nurses will remain on the Shortage Occupation List, but employers will need to carry out a resident labour market test before recruiting a non-EEA nurse.
Fortunately, nurses will remain on the Shortage Occupation List. That said, HR professionals and employers will need to carry out a resident labour market test before recruiting a nurse from outside of the UK and EU.
What hasn’t changed?
With so many changes to the Tier 2 provisions, HR professionals and businesses may be pleased to hear that they may continue to recruit non-EEA graduates from UK universities without having to first conduct a resident labour market and without being subject to the annual limit on Tier 2 (General) places.
Further, Tier 2 (General) places will remain at 20,700 places per year.
Contact Thomas Chase Immigration for more information of the changes to the Tier 2 category and how they may impact upon you and your business.