All Articles: Tier 2

No second chance for work visa applicants if sponsoring company loses licence

In the case of Pathan & Anor v Secretary of State for the Home Department [2018] EWCA 2103 the Court of Appeal reminds us, once again, of the rigidity and inflexibility of the Points Based System. It is also a good reminder of the purpose and pol ...

4th October 2018 By

10 things we (might) now know about the post-Brexit immigration system

After months of uncertainty we finally have a picture emerging of what the post-Brexit immigration system will look like. We have known for some time that after we leave the EU on 29 March 2019, the plan is to enter a transition period until 31 Decemb ...

3rd October 2018 By

Comment: MAC’s recommendations would create administrative burdens for UK employers

Today’s Migration Advisory Committee recommendations are incredibly significant from a UK employer’s perspective. I can immediately see that a huge number of UK employers are likely to be faced with potentially significant new administrat ...

18th September 2018 By

Comment: an NHS exemption will help, but the Tier 2 visa cap should go

Less than two months into the job, Sajid Javid appears to be, so far, quite a pragmatic Home Secretary. Following six months of the Tier 2 cap wreaking havoc amongst employers and users of the Points Based System, resulting in the NHS losing out on hi ...

18th June 2018 By

Pressure on the visa quota system continues to build, new figures show

What started as a minor aberration has now turned into a worrying trend. The Home Office confirmed on 24 May that we have hit the monthly cap on visas for skilled non-EU workers for the sixth month in a row. On top of that, Freedom of Information d ...

25th May 2018 By

No legitimate expectation arises from a chat with the Business Helpdesk

The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A Mr Talpada attempted to challenge the applicability of the Rules and guidance to his case on the ...

15th May 2018 By

Do the Immigration Rules discriminate against women who want to work in the UK?

Today is the deadline for employers with 250 or more employees to publish calculations showing the size of the pay gap between their male and female workers. The gender pay gap is the percentage difference between the average hourly earnings for men a ...

4th April 2018 By

Unprecedented Tier 2 skilled worker visa drought continues

Businesses across the UK began receiving notification emails last week from the Home Office confirming that their applications for restricted certificates of sponsorship had been approved. This is because they had met an as yet unpublished points thr ...

20th March 2018 By

Tier 2 chef tripped up by TripAdvisor review

The Ganges and Gurkha is the 60th most popular restaurant in Plymouth. It serves Nepalese and Indian food, and was shortlisted for the British Curry awards in 2013. In 2015, it had a Tier 2 sponsor licence, meaning that it could sponsor workers from o ...

16th March 2018 By

University strikes: the implications for Tier 2 and 5 sponsorship

Thousands of staff at more than 60 universities around the country have gone on strike, starting today. Some members of the University College Union (UCU), which has called the strike, will be non-EU nationals sponsored under the relevant university&# ...

22nd February 2018 By

How to calculate annual Tier 2 certificate of sponsorship needs

Spring is in the air (for those optimists among us). For Tier 2 sponsor licence holders, this can only mean one thing. It’s time to grab the organisation’s “leave expiries” list, a crystal ball and a calculator and work out how many unrestric ...

15th February 2018 By

High Court gives useful steer on the Resident Labour Market Test

In many cases, employers who wish to hire Tier 2 skilled workers must pass the Resident Labour Market Test. This means that Tier 2 sponsors must offer a position to a settled worker ahead of a migrant where both candidates have the necessary skills an ...

2nd February 2018 By

No High Court help for company stripped of Tier 2 sponsor licence

The Secretary of State’s decision to revoke an IT consultancy’s Tier 2 sponsor licence was upheld before Christmas in R (Sri Prathinik Consulting Limited) v Secretary of State for the Home Department [2017] EWHC 3204 (Admin). A stream of case law ...

3rd January 2018 By

Tier 2: chefs at restaurants with a take-away service not eligible

According to UK immigration rules, if a chef works at a restaurant which provides a take-away service, he is less skilled than one who plies his trade at a restaurant that does not. As a result, restaurants which provide a take-away service cannot off ...

21st November 2017 By

Tier 2 sponsor licence revocation challenge fails in High Court

Sivayogam is a religious charity, serving Hindu and Tamil communities in London. Finding priests in the UK and Europe had proven difficult so, in 2009, it applied for registration as a Tier 2 sponsor, allowing the organisation to bring in religious wo ...

31st October 2017 By

Serge Aurier and visas for footballers after Brexit

What are the immigration rules for footballers from outside the EU? And what rules will apply to footballer transfers from abroad after Brexit? Here we look at the immigration aspects of football transfers using the recent successful but fraught tran ...

7th September 2017 By

Tier 2: is it Brexit ready?

Tier 2 is a fortress. Everything about the UK work permit system is designed to disincentivise employers importing migrant labour from outside of the EU. Like a teacher who has lost control of her class at school and exacts revenge on her own children ...

12th June 2017 By

Statement of changes to the Immigration Rules HC535: analysis

Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being intro ...

11th November 2015 By

Supreme Court upholds Points Based System sponsor licensing scheme

The Supreme Court has held the Points Based System’s sponsor licensing scheme is lawful. As Nicola Carter observes, sponsors may be disappointed with the result in R (on the application of New London College Ltd) v Secretary of State for the Hom ...

23rd July 2013 By

Guest worker era begins

In a slew of new documents published today the Government has heralded the end of quasi-automatic settlement for skilled foreign workers under Tier 2 of the Points Based System, the evisceration of the Overseas Domestic Worker scheme, some tinkering w ...

29th February 2012 By

Good news for old work permit holders

A new decision from the President of the Immigration and Asylum Chamber of the Upper Tribunal offers relief to work permit holders caught out by a sneaky change to the Immigration Rules in April last year. This topic has been covered here on the blog ...

8th February 2012 By

English language requirements tightening

In parallel announcements the UK Border Agency has said that language requirements for Tiers 1, 2 and 4 of the Points Based System (highly skilled, skilled and students) are being tightened up slightly. The concession that allowed Tier 1 and 2 applica ...

1st February 2012 By

Sponsors, paranoia and unfair dismissal

What is the psychological effect upon employers of the increasing stringency of their obligations under the Points Based System? The civil penalties under section 15 of the Immigration and Nationality Act 2006, which, in February of 2008, created the ...

17th December 2011 By

Watch out old work permit holders…

Back on 6 April 2011 the UK Border Agency made a change to the settlement rules for work permit holders who had entered the UK before the Points Based System was introduced. The change required a work permit holder to be paid a certain salary in order ...

2nd November 2011 By