Changes To Tier 2 Of The Points-Based System

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Speechly Bircham LLP

Contributor

Speechly Bircham LLP
The UK Border Agency has confirmed changes to Tier 2 of the Points-Based System which were recommended by the Migration Advisory Committee. These will take effect from 6 April 2010.
UK Employment and HR
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The UK Border Agency has confirmed changes to Tier 2 of the Points-Based System which were recommended by the Migration Advisory Committee. These will take effect from 6 April 2010.
The changes affect the eligibility of migrant workers to claim points under Tier 2. Fewer points will be awarded for a Certificate of Sponsorship issued under Tier 2 (Intra-Company Transfer), and all migrants applying under Tier 2 (General) must have prospective earnings of at least £20,000. However the points available for a migrant with a Masters degree will be increased.

The new rules will also affect changes of employment, which currently require a new Certificate of Sponsorship to be issued and a new Resident Labour Market test carried out whenever a migrant worker changes their role. Under the new rules this will not be required provided the migrant will be working for the same employer in a role that is within the same Standard Occupation Classification ("SOC") code as their previous role, their salary will not drop below the level stated on their Certificate of Sponsorship, and they are not changing from a role on the shortage occupation list to a role that is not a shortage occupation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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