Further Policy changes announced by the UK Border Agency
The Home Secretary has published a further Statement announcing changes to Tier 2 policy, many of which will take effect from 14 June 2012.
In particular the Statement makes reference to the following categories:
- Tier 2 CAP – effective from 6 April 2012;
- Loss of SOC for NQF4 – effective from June 2012;
- Changes to the Resident Market Labour Test – effective from June 2012.
Tier 2 (General) Cap on Allocation
In 2011 the Home office introduced a cap on the number of new hire migrants that can be sponsored to work in the UK under Tier 2 (General). The cap was set at 20,700 for the period April 2011 to April 2012. The Home office has now announced a departure from the current annual review cycle and confirmed the annual limit will remain the same until 5 April 2014.
This means that the limit for the period April 2012 - April 2013 is 20,700 and the limit for the period April 2013 - April 2014 will also be 20,700. The allocation will be split equally per month (i.e. 1750 per month) and any left over will be carried forward to the next month, until the end of the period. Any unused allocation at the end of the period will not be carried over from one year to the next.
Loss of Standard Occupational Classification (SOC) for NQF4
It was announced in the statement of intent that there would be a change to the minimum skills level for an eligible job under Tier 2 raising from NQF level 4 to NQF level 6. Therefore, as of 14 June 2012, only jobs at NQF level 6 will be eligible for new applicants within Tier 2 (General) and Tier 2 (ICT) categories.
Below are the occupations skilled to NQF4 which will not be eligible for Tier 2 after 14 June 2012:
|1142||Customer care managers|
|1183||Healthcare practice managers|
|1185||Residential and daycare managers|
|1219||Managers in animal husbandry, forestry and fishing|
|1222||Conference and exhibition managers|
|1231||Property, housing and land managers|
|1235||Recycling and refuse disposal managers|
|1239||Managers and proprietors in other services not elsewhere classified|
|3121||Architectural technologists and town planning technicians|
|3131||IT operations technicians|
|3218||Medical and dental technicians|
|3319||Protective service associate professionals not elsewhere classified|
|3513||Ship and hovercraft officers|
|3531||Estimators, valuers and assessors|
|3537||Financial and accounting technicians|
|3539||Business and related associate professionals|
|3541||Buyers and purchasing officers|
|3543||Marketing associate professionals|
|3551||Conservation and environmental protection officers|
|3561||Public service associate professionals|
|3564||Careers advisers and vocational guidance specialists|
|3567||Occupational hygienists and safety offices (health and safety)|
Changes to Resident Labour Market Test (RLMT)
As previously announced there have been changes made to the requirements of the RLMT. From 14 June 2012 the following changes will apply:
- Jobs paying an annual salary of over £70,000 but less than £150,000 per annum or in PhD-level occupations will no longer need to be advertised in ‘Jobcentre Plus’ prior to a Certificate of Sponsorship being issued to a Tier 2 (General) migrant. Occupations paying £150,000 per annum or more continue to remain exempt from the Resident Labour Market test.
- Sponsors will also be able to select the best candidate for PhD-level occupations, regardless of whether they are a resident worker.
- The period for which the RMLT is also deemed to have been satisfied will be extended from 6 months to 12 months from the date the vacancy is first advertised for PhD-level occupations only.
- PhD level occupations are as follows:.
- Research and Development Managers
- Biological Scientists and BioChemists
- Physicists, Geologists and Meteoroligists
- Higher Education Teaching Professionals
- Scientific Researchers
- Social Science Researchers
- Researchers not elsewhere classified.
For assistance with how these changes could affect you, contact our Immigration team