Tier 2 was introduced at the end of November 2008 to replace previous "Work Permit" arrangements (see notes at Immigration/work permits ).

A Tier 2 visa allows an individual to enter and live in the UK to work for a specific employer to perform a specific role at a specific salary. Any changes (with the exception of gradual annual pay increases) will normally require the sponsor to issue a new Certificate of Sponsorship and the individual to make a new visa application. The continued validity of a Tier 2 visa is reliant upon the holder continuing to work for their sponsor. Where an individual stops working in a specific role before their visa expires, the Border Agency will often curtail the individual's leave to remain.

Employers must register and get a Sponsor Licence in order to employ any tier 2 migrant workers. Applicants must have an employer or potential employer in the UK who is 'Sponsoring' them.

First time applicants if successful are granted a visa of up to three years. On expiry individuals may be able to extend their visa for a further period if the Sponsor issues a new Certificate of Sponsorship.

Tier 2 consists of the following Visa categories:

• Tier 2 (General)

  In order for an individual to apply under the Tier 2 (General) arrangements, they must first have a UK employer with a Sponsor's Licence registered under the Tier 2 (General) category. The employer will normally need to conduct a Resident Labour Market Test before issuing a Certificate of Sponsorship to the individual (see Immigration/Sponsored Workers ). The word "normally" is used because the Resident Labour Market Test requirement is waived where the role is recognised by the UK Border Agency (acting on advice from the Migration Advisory Committee) as being in an area of official Skill Shortage.

  The UKBA shortage occupation list at 14th December 2009 is available on the web (updates are generally available from a link on the UKBA shortage occupation list website: note that there is an additional list for Scotland).

  
  

• Tier 2 (Intra Company Transfers - "ICT")

  In order to qualify under the Tier 2 (Intra Company Transfer) arrangements, applicants must have worked for the same organisation overseas for at least the six months immediately prior to the application. In addition, the UK employer must have a Sponsor's Licence and be registered under the Tier 2 (ICT) arrangements. The advantages of applying under the ICT arrangements are two fold:

  1. The UK employer will not need to conduct a Resident Labour Market Test before sponsoring the individual;
     
  2. The applicant will automatically meet the English Language test.

Tier 2 visa holders are permitted to work part time for an employer other than their sponsor where the second job is for less than 20 hours a week and is in the same profession and at the same professional level as the individual's main job. Tier 2 visa holders can also perform voluntary work in any sector.

For practical advice on work permit and immigration matters, we recommend contacting the independent UK Work Permits Ltd consultancy of Hammersmith, West London (tel 0845 226 4030) whose help in preparing this note is gratefully acknowledged.