All Articles: Tier 2

What the new Points Based Immigration System has in store for UK work visas

For work-based immigration, last week’s statement of changes to the Immigration Rules was in many ways rather anticlimactic. The last two years have seen a series of reports and policy statements setting out the government’s plans for a ‘new’ ...

29th October 2020 By

Supreme Court finds treatment of skilled worker unfair

The Supreme Court held today in R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 that the Home Office’s treatment of a Tier 2 skilled worker, Mr Pathan, was unfair. Mr Pathan had applied for an extension of his visa as ...

23rd October 2020 By

The end of the Tier 2 cooling-off period is on the horizon

Whilst we are all awaiting new Immigration Rules for the Skilled Worker route, which will replace Tier 2 (General) in the new Points-Based Immigration System, some good news is starting to emerge. The cooling-off period, which has seen many a skilled ...

24th September 2020 By

Government provides (not much) further detail on the UK’s new points-based immigration system

Immigration lawyers up and down the land leapt out of bed this Monday morning, eager to glut out on the promised detail of the UK’s new points-based immigration system. How disappointed we all are. The snappily titled UK’s Points-Based Imm ...

13th July 2020 By

Worried that furloughing or redundancy could affect your visa? Here’s what you need to know

With the UK still reeling from COVID-19, a mega recession looms. The statistics are sobering; 8 million workers on the government furlough scheme, 2.6 million claims for Universal Credit since the lockdown began and the economy already suffering its b ...

20th May 2020 By

How to apply for a Tier 2 sponsor licence

For all the bold talk of Australian-style points based systems, the government’s recent policy statement confirmed what had been known for some time: the post January 2021 immigration system will be centred around the well worn Tier 2 sponsorshi ...

9th April 2020 By

How much does it cost to sponsor someone for a UK work visa?

This week we finally got to see more detail about the 2021 points based immigration system. The government’s announcement confirms that every organisation in the UK — from businesses to charities, schools to local shops — will need t ...

21st February 2020 By

Government abandons “Australia-style” immigration system

The government has released a few more details of what it calls a “points based system” for immigration to the UK after Brexit. To balance out the impending end of free movement of workers from the European Union, it would allow employers ...

19th February 2020 By

Comment: why the MAC report was a letdown for women

Reaction to the Migration Advisory Committee’s latest report, released on 28 January, has largely focused on the MAC’s lukewarm response to the government’s desire for an Australia-style points based immigration system. Very little a ...

6th February 2020 By

Government advised not to bother with points based gimmick for migrants with job offers

The government should think twice about re-introducing a points based immigration system after Brexit, and lower the minimum salary necessary to get a work visa, the Migration Advisory Committee (MAC) has recommended. In a report published today, the ...

28th January 2020 By

New NHS visa announced

You wait ages for a new visa route and three come along at the same time… Hot on the heels of the announcements earlier this summer of new visas for graduates and for scientists comes today’s news that the Conservatives are planning to introdu ...

8th November 2019 By

Last gasp of the take-away rule

Just when you thought the rule excluding chefs at take-away restaurants from the Tier 2 Shortage Occupation List had been tested to destruction, there arrives yet another valiant attempt to navigate this uber-niche corner of a corner of the Immigratio ...

28th October 2019 By

Statement of changes to the Immigration Rules HC 2631: changes to work visa routes

A new statement of changes to the Immigration Rules was published yesterday, 9 September 2019. This post will cover changes to work and student visa routes, while a separate post deals with changes to the EU Settlement Scheme and other changes br ...

10th September 2019 By

Attracting “the brightest and the best”: the UK’s record on visas for academics and researchers

This autumn will see a decided shift in immigration policy toward being more welcoming to non-EU academics, scientists and researchers; a group commonly defined by the somewhat worn-out phrase, “the brightest and the best”, first coined by David C ...

26th July 2019 By

Home Office rushes in new behaviour tests for employer sponsors

The Home Office regularly updates the guidance documents that it issues to approved visa sponsors, and those thinking of becoming one, under Tiers 2, 4 and 5 of the Points Based System. Tier 4 covers sponsors of international students and Tiers 2 and ...

18th July 2019 By

Migration Advisory Committee told to think again on £30,000 minimum salary proposal

The government has asked a group of independent academic experts to look again at the Migration Advisory Committee’s proposal for a £30,000 minimum salary for a UK work visa post-Brexit. It has commissioned the, er, Migration Advisory Committee ...

24th June 2019 By

High Court on how to save a sponsor licence

R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) contains a practical tip to help rescue a sponsor licence from suspension or revocation. Charles Bourne QC, sitting as a deputy High Court judge, expla ...

5th April 2019 By

The immigration white paper is a charter for the wealthy

There is one, overwhelming, message from the immigration White Paper published on 19 December. It is mentioned in the Foreword by the Prime Minister, and the Foreword from the Secretary of State for the Home Department. The aims of the White Paper are ...

21st December 2018 By

Immigration white paper published

The government has published its plan spelling the end of free movement. A long-awaited white paper on post-Brexit migration proposes that EU workers would in future have to earn a minimum salary in a job requiring A-level qualifications or above to b ...

19th December 2018 By

“No room for artistic licence” in Tier 2 job descriptions

R (Liral Veget Training And Recruitment Ltd) v Secretary of State for the Home Department [2018] EWHC 2941 (Admin) was a challenge to the Home Office’s decision to revoke a company’s licence to sponsor non-EU citizens for work visas. It f ...

6th November 2018 By

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

Labour calls for “flexible” work visa system

Shadow Home Secretary Diane Abbott delivered a speech today on what Labour in government would do about immigration. It doesn’t do to get too excited about these pronouncements, because Labour is not in government, but here is a link to the full ...

13th September 2018 By

Updates to the Tier 2 and 5 guidance for sponsors

The guidance that Tier 2 and 5 sponsors must follow was updated last week. The new version applies to sponsor licence applications made, and certificates of sponsorship assigned, on or after 18 July 2018. Some of the key changes are: Fees and refunds ...

23rd July 2018 By

Welcome news for sponsored workers who go on strike

Taking part in strike action can be stressful enough. But for migrant workers who are sponsored by their employer, striking has also had the potential to place their immigration status in the UK at risk. This is because the Home Office’s positio ...

23rd July 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 ...

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