New Requirements underTier 2 Visa


You have the intention of employing an overseas national? Are you aware of the UK Border Agency new adverting requirements under Tier 2? If not, the following article will be a great help. UK immigration rules relating to Tier 2 visas (formerly the work permit scheme) have been changed as part of the UK Governments strategy with the aim of protecting British Jobs for British workers.


New applications under Tier 2 submitted on behalf of migrant workers by UK based employers who have obtained a sponsor license will now not only have to comply with the new points assessment, but in addition, demonstrate that the job was advertised in a UK Jobcentre plus and show that the job was also advertised in one of the relevant codes of practice relevant to the particular job.


The new rules do not apply to shortage occupations which allow UK employers to dispense with the advertising requirements as yet, but the UK Government is undertaking a full review on whether jobs currently specified on the list should be removed.


The new rules do not prevent those currently in the UK under the Tier 1 (Post Study Work), Fresh Talent: Working in Scotland and International Graduate Schemes from being able to switch status into the Tier 2 category without the job being advertised, so long as they have been employed by the UK employer for at least six months and the prospective applicant can otherwise meet the points criteria of the Tier 2 visa.


Care should be taken when submitting Tier 2 visa applications to show that the prospective employee meets the points requirements, the job has been advertised both at the jobcentre plus and in accordance with the relevant code and, importantly, meets all specified requirements relating to the advertisement.


Employers should also note that the relevant decision maker, namely the UKBA or an Entry Clearance Officer at an overseas UK visa mission may request a breakdown of all applicants who applied for the job including the reasons why any resident workers – defined as EU nationals, were not selected for the job.


Applicants should seek advice from an authorized immigration lawyer for further advice.