Tier 2 - Changes to immigration rules from April 2011

[geriatrix]

Government outlines visa reforms for workers
Tier 2 of the points-based-system: statement of intent, transitional measures and indefinite leave to remain

[quote]Tier 2 categories affected by the limit
The Tier 2 (General) category will be subject to a limit on numbers of 20,700 in the year commencing 6 April 2011.

This limit will apply to CoS for those seeking admission to the United Kingdom as a Tier 2 (General) migrant. These CoS will be known as “restrictedâ€

[arsenal49]

http://www.immigrationboards.com/viewtopic.php?t=72194

thanks jason for sharing that...

its encouraging but when you look at the appropriate salary rates for some of these occupations... you wonder how one can be earning that much after 1,2 years of working on PSW or similar!

i personally have to wait for their report on occupation-shortage list to see if they are being more reasonable there!

keep us updated

cheers

[jason23]

• those admitted in another category of stay and
applying to switch in-country into the Tier 2
(general) category;

Applying for CoS in unrestricted categories
UKBA will be approaching registered Tier 2
sponsors over the coming weeks to work out initial
allocations of unrestricted CoS. Sponsors will still
be able to apply for additional unrestricted CoS
during the financial year just as they have been able
to do since Tier 2 was first introduced.
If a sponsor is found to be issuing unrestricted CoS
to Tier 2 migrants within the restricted category,
consideration will be given to withdrawing their
Tier 2 sponsor licence

The allocation of a CoS for the
purpose of such a switching application will not
count towards the annual limit in 2011/12 nor
will it be subject to the RLMT where the worker
is switching from a Post-Study Work category
and has been in post for six months or more.

I think these bits would suggest that as long as your in country, you would be issued an unrestricted COS which I assume would not require any salary criteria to be met but then I maybe incorrect there. Not sure where you have found salary rates required as I cant see any being quoted.

[arsenal49]

further down the report.... it said minimum requirement is 20k OR appropriate salary rate.

here they have new "proposed" code of practice applicable from April onwards(but govt. is gonna accept it formally on 6th April).


http://www.ukba.homeoffice.gov.uk/sitec ... port-tier2

http://www.ukba.homeoffice.gov.uk/sitec ... of-the-pbs

[geriatrix]

What is restrictive and unrestrictive COS?

Restrictive - when it is for an applicant applying from outside the UK - subject to a limit, therefore sponsor may in turn be subject to fulfil certain priority criteria or conditions (e.g. - RMLT) before a CoS can be issued.

Unrestricted - when it is for an applicant applying from within the UK (switching or extending). CoS granted without any preconditions.

For more detailed information, read the linked document.


regards

[smiles345]

sushdmehta- Many thanks..

the points awarding sooo confusing. is it still 50 points awarded to the shortage occupations?

[fibreman]

further down the report.... it said minimum requirement is 20k OR appropriate salary rate.

here they have new "proposed" code of practice applicable from April onwards(but govt. is gonna accept it formally on 6th April).


http://www.ukba.homeoffice.gov.uk/sitec ... port-tier2

http://www.ukba.homeoffice.gov.uk/sitec ... of-the-pbs

I don't understand... what will be the appropriate salary for x occupation? Is it the median or what?

Fi, i apply from inside, more than 20k, what am i supposed to earn? median for occupation?

[arsenal49]

further down the report.... it said minimum requirement is 20k OR appropriate salary rate.

here they have new "proposed" code of practice applicable from April onwards(but govt. is gonna accept it formally on 6th April).


http://www.ukba.homeoffice.gov.uk/sitec ... port-tier2

http://www.ukba.homeoffice.gov.uk/sitec ... of-the-pbs

I don't understand... what will be the appropriate salary for x occupation? Is it the median or what?

Fi, i apply from inside, more than 20k, what am i supposed to earn? median for occupation?

just a speculation really (i repeat speculation)...

median value is the value below which 50% of the cases fail. Considering the govt. is hell-bent on cutting down the number of immigrants, i wouldn't be surprised if they decide to make the median value as minimum/appropriate rate!

I am being very pessimist here but i would rather be "pleasantly surprised" when i find out (officially) that is not the case rather than get my hopes up now and find myself more depressed later!

hope you see my point.

cheers

[wanted66]

What is restrictive and unrestrictive COS?

Restrictive - when it is for an applicant applying from outside the UK - subject to a limit, therefore sponsor may in turn be subject to fulfil certain priority criteria or conditions (e.g. - RMLT) before a CoS can be issued.

Unrestricted - when it is for an applicant applying from within the UK (switching or extending). CoS granted without any preconditions.

For more detailed information, read the linked document.


regards

In that case how does Salary levels come to play here ?

is there any official announcement done by UKBA ? My Job is on CODE 2132 (25K) and I'm in country switching from psw -> Tier2

So according to your post I take it as It should be a smooth sailing for me ?

Too good to be true

[fibreman]

further down the report.... it said minimum requirement is 20k OR appropriate salary rate.

here they have new "proposed" code of practice applicable from April onwards(but govt. is gonna accept it formally on 6th April).


http://www.ukba.homeoffice.gov.uk/sitec ... port-tier2

http://www.ukba.homeoffice.gov.uk/sitec ... of-the-pbs

I don't understand... what will be the appropriate salary for x occupation? Is it the median or what?

Fi, i apply from inside, more than 20k, what am i supposed to earn? median for occupation?

just a speculation really (i repeat speculation)...

median value is the value below which 50% of the cases fail. Considering the govt. is hell-bent on cutting down the number of immigrants, i wouldn't be surprised if they decide to make the median value as minimum/appropriate rate!

I am being very pessimist here but i would rather be "pleasantly surprised" when i find out (officially) that is not the case rather than get my hopes up now and find myself more depressed later!

hope you see my point.

cheers

Yes, I see your point... it's quite vague, it is not clear what appropriate rate is yet.

In your opinion, what will it be set like? I think median is far too much to reach for most. Surely, IB, man consultancy etc. could, but others?

I know what median is, but this median includes all employees, some of very senior levels, so how does that work for a graduate, say? Not fair, really.

I hope it won't be this!

[fibreman]

What is restrictive and unrestrictive COS?

Restrictive - when it is for an applicant applying from outside the UK - subject to a limit, therefore sponsor may in turn be subject to fulfil certain priority criteria or conditions (e.g. - RMLT) before a CoS can be issued.

Unrestricted - when it is for an applicant applying from within the UK (switching or extending). CoS granted without any preconditions.

For more detailed information, read the linked document.


regards

In that case how does Salary levels come to play here ?

is there any official announcement done by UKBA ? My Job is on CODE 2132 (25K) and I'm in country switching from psw -> Tier2

So according to your post I take it as It should be a smooth sailing for me ?

Too good to be true

Well, the catch is, you are granted cos with no conditions... easy there. But, on your part, when you apply with that COS, there is condition of "appropriate salary or atl 20k".

What is appropriate salary? Nobody knows for sure yet...

[wanted66]

What is restrictive and unrestrictive COS?

Restrictive - when it is for an applicant applying from outside the UK - subject to a limit, therefore sponsor may in turn be subject to fulfil certain priority criteria or conditions (e.g. - RMLT) before a CoS can be issued.

Unrestricted - when it is for an applicant applying from within the UK (switching or extending). CoS granted without any preconditions.

For more detailed information, read the linked document.


regards

In that case how does Salary levels come to play here ?

is there any official announcement done by UKBA ? My Job is on CODE 2132 (25K) and I'm in country switching from psw -> Tier2

So according to your post I take it as It should be a smooth sailing for me ?

Too good to be true

Well, the catch is, you are granted cos with no conditions... easy there. But, on your part, when you apply with that COS, there is condition of "appropriate salary or atl 20k".

What is appropriate salary? Nobody knows for sure yet...

Oh balls..

I really hope its under 25K or ill be Royally pissed off considering they "Denied us Tier1 Route"

This is stressing me out bros !

[fibreman]

Oh balls..

I really hope its under 25K or ill be Royally pissed off considering they "Denied us Tier1 Route"

This is stressing me out bros !

All of us, all of us...

I had a look at exiting code of practice, and if we compare median salary for occupations on new thing, and existing code, differences can be as much as 40% more here.

So I doubt just median will be used here, as very few could satisfy this.

I hope salary reqs won't change that much from what they are now.

[thling06]

HI all,

Just one question, those on PSW, will we still be givn 30 points if we worked with our employers for more than 6 months? Or th job now must be on shortage occupational list?

[rahul12345]

Hi,

>http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

>Those not already in Tier 1 (General) or a prePBS predecessor category will not be able to switch into it after 6 April 2011. This includes those with existing leave to enter or remain in the Tier 1 (Post Study Work) category or its predecessor categories, and those in Tier 4. They will not be able to switch into Tier 1 (General), but will be permitted to switch into Tier 2 (General). The allocation of a CoS for the purpose of such a switching application will not count towards the annual limit in 2011/12 nor will it be subject to the RLMT where the worker is switching from a Post-Study Work category and has been in post for six months or more.

For issuing unrestrictive COS, RLMT is not required anyway. Assuming that existing In country PSW visa holders can be allocated unrestrictive COS, is the condition "been in post for six months or more" confusing?


>"Tier 2 categories not affected by the limit
..
>• those admitted in another category of stay and applying to switch in-country into the Tier >2 (general) category;"



What all does another category involve? PSW visa holders? Student visa holders?


Regards.

[thling06]

Hi,

Because, there is a new post coming up which is at £21k but as an assistant management accountant. As per the graduate list, management acocuntants are on it and our company policy is at the moment an assistant management accountant needs to be a degree holder. So slightly unsure. Been working for more than 6 months in the job so does the new post still need to be advertised?

So I am just really checking if I am sitll valid for Tier 2 under this new rulings.

[ratapita]

Restrictive - when it is for an applicant applying from outside the UK - subject to a limit, therefore sponsor may in turn be subject to fulfil certain priority criteria or conditions (e.g. - RMLT) before a CoS can be issued.

Unrestricted - when it is for an applicant applying from within the UK (switching or extending). CoS granted without any preconditions.

For more detailed information, read the linked document.


regards

In that case how does Salary levels come to play here ?

is there any official announcement done by UKBA ? My Job is on CODE 2132 (25K) and I'm in country switching from psw -> Tier2

So according to your post I take it as It should be a smooth sailing for me ?

Too good to be true

Well, the catch is, you are granted cos with no conditions... easy there. But, on your part, when you apply with that COS, there is condition of "appropriate salary or atl 20k".

What is appropriate salary? Nobody knows for sure yet...

Oh balls..

I really hope its under 25K or ill be Royally pissed off considering they "Denied us Tier1 Route"

This is stressing me out bros !

I think the uncertainty about the "appropriate salary level" could be the hidden ctach in all this! I too am being pessimistic here but , unrestricted CoS for all- in country applications seemed all too good to be true! I too hope they wouldn't take the median,
But 1 question though,
would the full- time equivalent be used in this case or the actual salary( if employed part-time) be used as was the case before?

[geriatrix]

What all does another category involve? PSW visa holders? Student visa holders?

See The categories you can switch from.


regards

[vlad04]

Are the allocations a lot more generous than before? 1500 a month is much more than the last few months, especially when you consider that the last few months' allocation included renewals and in-country applications, which the new allocation does not...only in November were there more than 1500 applicants and that was because they didn't give out any CoS for the previous two months!

Or am I missing something here?

[Mayan12]

Hi Gurus,

So let me get it straight.

In-country switching(e.g. from Tier 2 ICT) to Tier 2 general is NOT under the limit, will be awarded UN-Restricted CoS and does have to undergo RLMT.

is my understanding correct?

-Mayan

[jason23]

Useful link. Updated on March 1st

http://www.ukba.homeoffice.gov.uk/sitec ... om-060411/

[geriatrix]

The Migration Advisory Committee (MAC) has today recommended that 8 job titles be removed from the UK shortage occupation list.

This follows the MAC's recommendation last month that 71 occupations be removed from the list of occupations that qualify for Tier 2 of the points-based system. This is to meet the government's objective of raising the skill level of Tier 2 to National Qualifications Framework level 4 and above (NQF4+).

......

The government will respond before 6 April 2011 to the MAC's recommendations.

regards

[fibreman]

This is very good... for me, these new rules are much better than interim. Unlimited cos which is issued momentarily, no LM test, my occupation is still on list...

In my case, it would be faster and simpler to get tier 2 within country now.

[anul]

Hi, Can you please describe why there is no need of LRMT for in contry T2

[arsenal49]

cuz the rules say so