Professional Documents
Culture Documents
011108
Contents
Introduction............................................................................................................4
Self-assessment...................................................................................................................... 5
Date of application................................................................................................................... 8
Sponsorship.........................................................................................................10
Sponsorship duties.................................................................................................................11
Sponsor’s licence................................................................................................................... 12
Termination of employment.................................................................................................... 14
Points Scoring.....................................................................................................18
Points available for Tier 2 (General) and Tier 2 (Intra company Transfer)............................. 19
Attributes for Tier 2 (General) and Tier 2 (Intra company transfers) .............22
Shortage occupations............................................................................................................ 22
Qualifications......................................................................................................................... 24
Prospective earnings............................................................................................................. 26
Maintenance (Funds)...........................................................................................35
Age Requirements...............................................................................................38
Supplementary Employment..............................................................................38
Secondary Employment.....................................................................................38
Change of Employment......................................................................................38
Change of Circumstances..................................................................................38
Transitional Arrangements.................................................................................40
Transitional arrangements - senior care workers under Tier 2 (General) and Tier 2 (Intra
Company Transfer) ............................................................................................................... 41
Transitional arrangements - established entertainers under Tier 2 (General) and Tier 2 (Intra
Company Transfer)................................................................................................................ 42
• his/her English language ability; 15. Any documentary evidence that the
applicant provides must be the original (not a
• whether he/she has enough money to copy) unless we say otherwise.
support himself/herself in the United
Kingdom. 16. Where a document is not in English or
Welsh, the original must be accompanied by
10. The points based calculator will provide a a fully certified translation by a professional
summary of the information an applicant enters, translator. This translation must include details
the points awarded for each section, and the of the translator’s credentials and confirmation
overall score. that it is an accurate translation of the original
document. It must also be dated and include the
11. Under Tier 2 (Skilled Workers) an original signature of the translator.
applicant must score:
17. We only need evidence that is directly
• at least 50 points for attributes (Appendix A of relevant to the application, as set out in this
the Immigration Rules); and guidance. We will not consider unrelated
evidence when calculating the points score.
1 For the purpose of this guidance, a post study category
includes Tier 1: Post Study, Fresh Talent Working in Scotland Scheme,
and International Graduate Scheme (formally known as Science and
Engineering Graduate Scheme).
Tier 2 Policy Guidance page 5 of 45
Verification and other checks Reasonable doubt
18. We aim to consider applications quickly. 25. There are many reasons why we may
However, we must also be confident that doubt that a specified document is genuine and
applications meet the requirements of the what we consider to be a reasonable doubt will
Immigration Rules, and that the information an depend on an individual application. However,
applicant provides is a true reflection of his/her our judgments will be based on the facts we
background. have.
29. These checks may delay our decision on Procedure for verification and other checks
an application so we will only make them when
we have clear reasons to do so. 32. The procedures for both verification
checks and other checks will usually be similar
Extra checks and will vary from case-to-case, but they may
involve:
30. Sometimes we will have suspicions
about a document, but they will not be • checking the details or genuineness of
enough to make us doubt that it is genuine. documents with employers, the relevant
For example, this may be because previous embassy or high commission, other
verification checks have found that some government departments (in the United
supporting evidence is invalid and some Kingdom and overseas); and
is genuine, or where evidence provided
contradicts information we already have. In • checking the accuracy and authenticity of
these cases, we may carry out more checks. documents with banks, universities and
professional bodies.
Outcome of other checks Standard procedure
31. There are four possible outcomes of 33. We will use a standard form to record
these checks: the results of our enquiries, to ensure that we
record any feedback consistently.
• Document confirmed as genuine. If we can
conclude that the document is genuine, we
will consider the application as normal.
35. Our compliance team may visit the 40. For more advice on sponsored students,
applicant’s employer or educational institution see chapter 3, section 3 of the Immigration
(if the applicant is a student) before we make a Directorate Instructions, which you can find on
decision on the application. our website, at http://www.ukba.homeoffice.gov.
uk/sitecontent/documents/policyandlaw/IDIs/
Additional evidence for sponsored idischapter3/.
students
Administrative review (entry clearance
36. For the purposes of this section of the applications only)
guidance, ‘sponsored’ means wholly supported
by an award that covers both fees and living 41. If we refuse an application for entry
costs. clearance and the applicant thinks that a
mistake has been made, the applicant can
37. An applicant who has had permission to ask us to check our decision. This is known
be in the United Kingdom in one of the following as an ‘administrative review’. Full guidance on
categories, within the last 12 months, may administrative reviews can be found at Annex
have been sponsored in his/her studies by a A. Please note applicants who are already
Government or an international scholarship in the United Kingdom cannot apply for an
agency: administrative review.
• if there are any significant changes in the 66. Find a full list of the sponsorship record
migrant’s circumstances, for example, a keeping and reporting duties on our website at:
change of job or salary (but not job title or www.ukba.homeoffice.gov.uk/employers/points/
annual pay rise); sponsoringmigrants/sponsorshipduties/.
73. If the sponsor’s licence is withdrawn • to 60 days where the applicant was not
however, the certificate of sponsorship will be complicit in the actions that resulted in the
cancelled and the application will be refused. If sponsor having its licence withdrawn. If the
the application is made while the applicant is in applicant has less than 6 months of his/her
the United Kingdom, and it is refused, we may leave remaining, we will not curtail this leave.
curtail the applicant’s leave: An applicant may wish to make a further
application for leave; or
• to 60 days where the applicant was not
complicit in the actions that resulted in the • with immediate effect where we consider the
sponsor having its licence withdrawn. If the applicant to have been complicit.
applicant has less than 6 months of his/her
leave remaining, we will not curtail this leave. If a sponsor’s licence is withdrawn
An applicant may wish to make a further
application for leave; or 78. If a sponsor has its licence withdrawn,
any certificates of sponsorship it has issued will
• with immediate effect where we consider the become invalid. This affects both applicants
applicant to have been complicit. who have yet to apply for entry clearance or
leave to remain, and applicants who are already
If we are thinking about taking action working for the sponsor.
against a sponsor
79. We will refuse any application for
74. If we notify a sponsor that we are entry clearance or leave to remain made by
considering taking action against it, which may an applicant using an invalid certificate of
lead to the withdrawal of its licence, we will not sponsorship.
consider any application for entry clearance
or leave to remain made by an applicant to 80. Where an applicant has already been
whom that sponsor has assigned a certificate of granted entry clearance but has not travelled
sponsorship. We will hold the application until a to the United Kingdom, the entry clearance will
decision on the sponsor’s licence is made. be revoked. Where the applicant has already
travelled to the United Kingdom, he/she will not
75. If we can, we will try to contact an be allowed to enter the United Kingdom.
applicant granted entry clearance relying on
a certificate of sponsorship from a sponsor 81. Where an applicant is in the United
assigned prior to its licence being suspended Kingdom and working for a sponsor when its
before they travel to the United Kingdom. We licence is withdrawn, we may curtail the leave of
will advise him/her not to travel to the United the applicants being sponsored:
Kingdom until we have made a decision on the
sponsor’s licence. • to 60 days where the applicant was not
complicit in the actions that resulted in the
76. An applicant who has already travelled to sponsor having its licence withdrawn. If the
the United Kingdom will be allowed to enter the applicant has less than 6 months of his/her
United Kingdom and start work for the sponsor. leave remaining, we will not curtail this leave.
An applicant may wish to make a further
application for leave; or
Termination of employment
90. The following tables explain some of the key features of Tier 2. Full details of the
requirements are in paragraphs 245ZB to 245ZG of the Immigration Rules.
Periods of grant
Entry Clearance and Leave to Remain where For a maximum period of 3 years and 1
previous grant of leave was not as a Tier 2 month, or the period given in the certificate
migrant. of sponsorship plus 1 month, whichever is
shorter.
Leave to Remain where previous grant For a maximum period of 3 years, or the
of leave was as a Tier 2 migrant and the period given in the certificate of sponsorship
application is because of a change of plus 14 days, whichever is shorter.
employment.
Leave to Remain (Extension) where previous For a maximum period of 2 years or the
grant of leave was as a Tier 2 migrant. period given in the certificate of sponsorship
plus 14 days, whichever is shorter.
Leave to Remain (Extension) where For the period of time the migrant needs
the application is being made under the to get to settlement, or the period given in
transitional arrangements. the certificate of sponsorship, whichever is
shorter. The exception to this may be for
applicants applying under the senior care
worker or established entertainer provisions.
Please see the full Transitional Guidance
for further details at: http://www.ukba.
homeoffice.gov.uk/sitecontent/newsarticles/
transitionalarrangements2and5.
Switching into Tier 2 (General), Switching is allowed for applicants who have, or were last
Tier 2 (Sportsperson) and Tier 2 granted, leave as a:
(Minister of Religion)
• Tier 1 Migrant;
• Tier 2 Migrant;
• Innovator;
• Student;
• Student Nurse;
Switching into Tier 2 (Intra Switching is allowed for applicants who have, or were last
Company Transfer) granted, leave as a work permit holder, where that leave
was last granted as an Intra Company Transferee and the
applicant is still working for the same employer as he/she
was at the time of that earlier grant of leave.
Conditions applicants must meet. Applicants in any Tier 2 category will be subject to
the following conditions:
• no employment, except:
○○ voluntary work.
96. Where an applicant is applying for entry clearance, is switching, or is changing his/her
employment, the points available are:
Academic qualifications
Prospective
Section Sponsorship (or equivalent vocational or
Earnings (£)
professional qualifications)
A Job in shortage 50 None, or below an 0 Under 17,000 0
occupation appropriate sub degree
Attributes level qualification*
(50 points
needed) Offer of job that 30 Appropriate sub degree 5 17,000 - 5
passes resident level qualification* 19,999.99
labour market test
24,000 or more 20
C Maintenance (funds) 10
2 For the purpose of this guidance, a post study category includes Tier 1: Post Study, Fresh Talent Working in Scotland Scheme, and
International Graduate Scheme (formally known as Science and Engineering Graduate Scheme).
Such applicants must have been working in his/her present job for his/her current employer for at least six months, and will continue to work in that
job with his/her sponsor as his/her current employer.
Tier 2 Policy Guidance page 19 of 45
Where an applicant is making an extension application, the points available are:
Academic qualifications
Prospective
Section Sponsorship (or equivalent vocational or
Earnings (£)
professional qualifications)
A Certificate of 50 None, or below an 0 Under 17,000 0
sponsorship assigned appropriate sub degree
Attributes under the transitional level qualification*
arrangements
(50 points
needed) Applicant was awarded 50 Appropriate sub degree 5 17,000 - 5
points when last level qualification* 19,999.99
granted leave because
the job was in a
shortage occupation
Other cases in 30 Bachelors or masters 10 20,000 - 10
which the applicant 21,999.99
has a certificate of
sponsorship
PhD 15 22,000 - 15
23,999.99
24,000 or 20
more
English language skills (the exception to this is where the applicant is a Tier
2 (Intra Company Transfer) extending his/her leave to remain in the United
B 10
Kingdom where that extension will not take his/her total leave under Tier 2
Intra Company Transfer to longer than three years)
C Maintenance (funds) 10
c) a qualification obtained outside the United Kingdom, where the applicant provides the
specified evidence to show that it is equivalent to; or higher than, (a) but below degree level.
101. Find the list of approved shortage 109. An applicant can claim 30 points where
occupations on our website at http://www.ukba. he/she is switching from the:
homeoffice.gov.uk/aboutus/workingwithus/
indbodies/mac/. • Tier 1: Post Study category; or
102. Where an applicant is applying for leave • Fresh Talent: Working in Scotland Scheme;
to fill a job from this list, he/she will receive or
sufficient points, without having to earn points
• International Graduate Scheme (formally
for prospective earnings or qualifications.
known as the Science and Engineering
Graduate Scheme);
103. An applicant’s contracted working hours
must be for at least 30 hours a week when providing he/she has worked in his/her present
filling a shortage occupation job. job for his/her sponsor for at least six months
prior to the application, and will continue to
Claiming points work in that job.
104. An applicant will only be able to claim 110. If an applicant has not been working
points for a shortage occupation if his/her for his/her sponsor for at least six months
prospective job was on the shortage occupation prior to the application, the sponsor will have
list at the time his/her certificate of sponsorship to undertake a resident labour market test.
was assigned by the sponsor. The sponsor The applicant will not be able to claim points
must have also completed the relevant field on for switching from a post study category, but
the certificate of sponsorship. can claim points because his/her sponsor has
completed a resident labour market test.
105. The applicant should confirm with his/
her sponsor that it has indicated that his/her job Documents we require
is a shortage occupation on the certificate of
sponsorship. 111. An applicant will need to provide two
pieces of evidence that he/she has worked
Resident labour market test for the sponsor for at least six months prior to
his/her application.
106. The resident labour market test is used
to protect the domestic labour market. An 112. Only the following specified documents
applicant can only come to work in the United will be accepted as evidence of this
Kingdom where there is no suitable settled requirement:
worker to fill the job.
These should be either formal payslips or • transactions by the sponsor covering the six
on company-headed paper. If payslips are month period.
not on headed paper or the applicant only
receives online pay slips, he/she will be AND
required to obtain his/her employer’s signature
iv) Letter from sponsor confirming an applicant
and stamp on a print-out to authenticate the
has been working for his/her prospective
evidence. Where provided, payslips must
sponsor for at least six months prior to the
cover the whole period claimed (if payslips are
application
generated monthly, each monthly payslip for
the period claimed must be provided). The letter from the sponsor should show:
OR • the applicant’s name;
ii) Personal bank or building society • the date of the letter; and
statements covering the previous six month
period immediately before the application • the sponsor’s name and logo.
The personal bank or building society Applicants should provide full contact details
statements should clearly show: for each document supplied, that will allow
all supporting documents to be verified if
• the applicant’s name; necessary.
• the account number; Applicants should also provide any information/
explanation of the documentation submitted,
• the date of the statement; that may assist us in our consideration.
• the financial institution’s name and logo; and
Intra Company Transfers
• transactions by the sponsor covering the six
month period. Claiming Points
The most recent statement must be dated 113. This category is for applicants to transfer
within 1 month of the application. from their overseas organisation to a skilled
post in a United Kingdom-based branch of
If the applicant wishes to submit electronic the same company. To claim points as an
bank statements from an online account Intra Company Transferee, the applicant must
these must contain all of the details listed have worked for the overseas branch of the
above. In addition, the applicant will need to organisation for at least six months prior to the
provide a supporting letter from his/her bank, application.
on company headed paper, confirming the
authenticity of the statements provided. 114. The applicant should confirm with his/her
sponsor that it has indicated that he/she is an
OR Intra Company Transferee on the certificate of
sponsorship.
iii) Building society pass book covering the
previous six month period immediately before Documents we require
the application
115. An applicant will need to provide
The building society pass book should clearly
evidence that he/she has worked overseas
show:
for the sponsoring organisation for at least six
• the applicant’s name; months prior to his/her application.
141. An applicant can claim points according For example, an applicant earning £10,000
to the amount of prospective earnings offered on a six month contract will be able to claim
by his/her sponsor. points for the equivalent earnings of £20,000
per year.
Claiming Points
This is only applicable to applicants on short
142. An applicant can score the following term contracts. An applicant working part time
points for his/her prospective earnings: will not be able to project his/her earnings
to full time hours in order to claim points. An
applicant working part time will only be able to
£24,000 or more 20 points claim points for his/her actual earnings.
£22,000 - £23,999.99 15 points
£20,000 - £21,999.99 10 points 147. We will only award points for contractual
hours up to a maximum 48 hour working week,
£17,000 - £19,999.99 5 points
even if the applicant is working over 48 hours a
under £17,000 0 points week.
143. The salary bands above are before For example, an applicant earning £25,000 per
tax (gross) and yearly. The salary bands year, working 60 hours per week, must work
also include allowances if they are part of the out his/her hourly rate. In this example, this
applicant’s guaranteed salary package. would be approximately £8.01 per hour. The
applicant should then multiply the hourly rate
144. For Tier 2 (General) the salary must be (£8.01) by the maximum number of hours for
paid in the United Kingdom. Salary comprises calculating points (48). The applicant should
basic pay plus any allowances, such as London then multiply this total by the number of weeks
weighting, which would also be paid to a in the year (52): £8.01 x 48 x 52 = £19,992.96.
settled worker in similar circumstances. It does
not include other benefits, such as overtime, The applicant would therefore only be able to
bonus or incentive pay, travel and subsistence claim 5 points for his/her prospective earnings.
(including travel to and from the source
country). 148. The applicant should ask his/her
sponsor to confirm the salary details entered
145. For Tier 2 (Intra Company Transfers), the on the certificate of sponsorship. An applicant
salary may be paid in the United Kingdom or should add both the wage and any permitted
abroad. We will take account of: allowances together in order to work out the
email: workabuse@homeoffice.gsi.go.uk; or
post:
UK Border Agency
Intelligence Unit
PO Box 3468
Sheffield
S3 8WA
e-mail: sponsorlicensing@ukba.gsi.gov.uk; or
post:
155. This category is for elite sports people 162. This category includes anyone who acts
and coaches who are internationally established as a minister, whether regularly or on a one off
at the highest level. occasion, and/or performs pastoral duties. This
category is also for applicants coming to work
156. In order to claim points for section A in the United Kingdom as a missionary or a
of the above table, the applicant must have a member of a religious order, like in a monastic
valid certificate of sponsorship issued by his/her community of monks or nuns, or a similar
sponsor. religious community involving a permanent
commitment.
157. In order for a certificate of sponsorship
to be issued, the sponsor will need to have 163. For examples of the duties we expect
an endorsement for the applicant from the those coming in under Tier 2 (Minister of
appropriate governing body for his/her sport. Religion) to undertake, please see ‘Guidance
The endorsement will confirm that: for Sponsor Application Tier 2, Tier 4 and Tier
5 of the Points Based System’, which can be
• the player or coach is internationally found at: http://www.ukba.homeoffice.gov.uk/
established at the highest level, and sitecontent/documents/employersandsponsors/
pbsguidance/sponsorapplicationsguidance.pdf.
• will make a significant contribution to the
development of his/her sport at the highest 164. In order to claim points for section A
level in the United Kingdom; and of the above table, the applicant must have a
valid certificate of sponsorship issued by his/her
• the post could not be filled by a suitable
sponsor.
settled worker.
Extension applications
167. Therefore, in order to qualify an applicant • was last granted leave under Tier 1
must provide the specified documents to show (General), Tier 1 (Entrepreneur), or the
that they have a good knowledge of English. Highly Skilled Migrant Programme after 7
November 2006; or
168. Applicants applying to enter or remain
• was last granted leave under a Tier
in the United Kingdom under Tier 2 (General),
2 category (having already provided
or Tier 2 (Sportsperson) are required to speak
evidence of meeting the English language
English to a certain level. This includes being
requirement) and is applying for an extension
able to understand and use familiar everyday
within the same category; or
expressions and very basic phrases, to
introduce himself/herself and others, and to • is making an application under the
ask and answer questions about very basic transitional arrangements; or
personal details. This is closest to level A1 of
the Council of Europe’s Common European • is making an application as a result of a
Framework of Reference. change of employment, where:
169. A Tier 2 (Intra Company Transfer) ○○ the applicant has already provided
applicant will only be required to demonstrate evidence of meeting the English Language
the required English language ability if he/she requirement as a Tier 2 migrant; or
applies to extend his/her leave beyond three
years. ○○ the applicant was last granted leave as a
Minister of Religion on or after 23 August
170. Applicants applying to enter or remain in 2004.
the United Kingdom under the Tier 2 (Minister
of Religion) category must have a higher level 173. A Tier 2 (Minister of Religion) applicant
of English language than other categories in meets the English Language requirement,
Tier 2 because of the need to communicate without the need to provide evidence, if he/she:
with worshippers. This is equivalent to level B2
of the Council of Europe’s Common European • was last granted leave under Tier 1
Framework of Reference. (General), Tier 1 (Entrepreneur), or the
Highly Skilled Migrant Programme after 7
171. There are three ways in which an November 2006; or
applicant can show he/she meets the English
language requirement. The applicant can: • was last granted leave as a Tier 2 Minister of
Religion; or
• be a national of a majority English speaking
• was last granted leave as a Minister of
country; or
Religion on or after 19 April 2007.
• pass an English language test detailed in this
174. Applicants who are unable to score
guidance; or
10 points in the section for English language
requirements will be refused. Under Appendix
B of the Immigration Rules, we will refuse these
Tier 2 Policy Guidance page 30 of 45
applications even if the applicant has attained i) Current valid original passport or travel
the pass mark of 50 for attributes and has met document
all the other requirements of the Immigration
Rules for permission to stay as a Tier 2 migrant. An applicant who is unable to submit his/her
current original passport or travel document
National of a majority English at the time of the application must give full
reasons for this in the passport information
speaking country section of the application form.
175. Nationals of the majority English- The only valid exceptional circumstances in
speaking countries listed below automatically which alternative specified documents may
meet the English language requirement: be provided are where the applicant’s current
passport/travel document has:
• Antigua and Barbuda;
• been lost;
• Australia;
• been stolen;
• The Bahamas;
• expired and been returned to the relevant
• Barbados; authorities;
• Belize; • been sent to another part of the UK Border
Agency.
• Canada;
Appendix B of the Immigration Rules states
• Dominica;
that only specified documents will be accepted
• Grenada; as evidence of this requirement. The applicant
may exceptionally provide the following
• Guyana; alternative specified documents:
179. Applicants with disabilities (for example, 186. Only the following specified documents
hearing difficulties) are not exempt from the will be accepted as evidence of this
English Language requirement. He/she should requirement:
contact a test provider for details of support that
can be provided whilst sitting the test. i) Original test result certificate
Applicants waiting to sit an English The certificate must clearly show the:
Language Test or waiting for his/her test
result (in-country applications only) • applicant’s name;
183. When the applicant provides an English 189. Where the degree was taken in a
language test certificate, we will complete our majority English speaking country, listed
assessment of the application. below, we will assume it to have been taught in
English:
184. If the applicant provides confirmation
from the test provider that he/she has sat a test
or has a confirmed date to take the test, we will
continue to hold the application open for the
applicant to complete this process.
Please note that Canada is not on this list. 196. For academic qualifications, if the
applicant cannot find details of his/her degree
190. Where the degree was taken in another on the points based calculator, he/she may still
country we will always assess it using the points wish to claim points for it. If so, he/she should
based calculator on our website. The calculator contact UK NARIC directly for an assessment
contains information from UK NARIC on of the level of the qualification. If UK NARIC
whether overseas qualifications are equivalent confirms it is of the required level, he/she must
to United Kingdom Bachelors level or higher. obtain a letter and/or confirmation certificate
from UK NARIC. Contact details for UK NARIC
191. Applicants can claim points when the
are on its website: www.naric.org.uk. UK NARIC
points based calculator confirms that the
may charge a fee for confirming qualifications.
degree:
197. UK NARIC will only be able to confirm
• meets or exceeds the equivalent level to
that the qualification is equivalent to a United
United Kingdom Bachelors degree; and
Kingdom Bachelors degree, not that it was
○○ was taught to a competent standard taught in English.
of English equivalent to level C1 on the
Council of Europe’s Common European 198. Where the applicant is unable to find his/
Framework of Reference for Languages: her degree in the English Language section of
Learning, Teaching, Assessment; or the points based calculator he/she must include
a letter from his/her university confirming that
○○ the applicant includes a letter with his/ his/her degree was taught in English.
her application from his/her University
confirming that the degree was taught in 199. An applicant applying under Tier 2
English (this is not applicable under Tier 2 (Minister of Religion) can only score points for
Minister of Religion). his/her degree being taught in English where
he/she can find that degree on the English
Checking qualifications language section of the points based calculator.
• applicant’s name;
219. The applicant must continue to work 225. An applicant, who has previously
for the sponsor in the employment that the received permission to enter or remain in the
certificate of sponsorship records that he/she is United Kingdom under Tier 2, can apply to
being sponsored to do. change employment, either within the same
organisation or with a new organisation.
220. Applicants do not need to advise us of This application will be treated as an initial
any supplementary employment they undertake, application, and the work will need to be with
as long as it meets the above stated criteria. a licensed sponsor. The applicant must have a
new certificate of sponsorship and he/she must
221. Applicants can undertake voluntary work meet all the points requirements.
in any sector. Applicants must not be paid or
receive other payment for their work (except 226. An applicant will not need to resubmit
reasonable expenses outlined in section 44 evidence of meeting qualifications or the
of the National Minimum Wage Act), please English language or maintenance requirements
see: http://www.opsi.gov.uk/acts/acts1998/ where he/she has already provided evidence
ukpga_19980039_en_1. that these requirements have been met. Where
this evidence has not been submitted previously
Secondary Employment it must be submitted at the time of application or
the application will be refused.
222. Applicants can apply to undertake
work that does not meet the supplementary Change of Circumstances
employment criteria, for example further
employment which is over 20 hours per week or 227. If during an applicant’s period of
in an unrelated profession. This work, however, employment, he/she wishes to amend:
will need to be with a licensed sponsor and
the applicant will need a new certificate of • personal details; or
sponsorship from that sponsor (see section on
what is a live certificate of sponsorship). • criminal convictions; or
• contact details; or
Tier 2 Policy Guidance page 38 of 45
• representative details; or the applicant will not be able to re-enter the
United Kingdom with that leave and will need
• dependants’ details to apply for fresh leave after the sponsor has
assigned a new certificate of sponsorship.
he/she should inform his/her sponsor
and fill out a change of circumstances Absences from the United Kingdom
form which can be found on our website
at http://www.ukba.homeoffice.gov. 233. An applicant may be required to be
uk/sitecontent/applicationforms/pbs/ seconded overseas during the time he/she
migrantchangeofcircumstances.pdf. is employed in the United Kingdom. A new
This should be sent to: certificate of sponsorship will not be required
if he/she returns to the United Kingdom before
UK Border Agency his/her leave expires or lapses.
PO Box 3468
Sheffield 234. Where an applicant’s leave has lapsed
S3 8WA on leaving the common travel area (the United
Kingdom, Channel Islands, Isle of Man and
228. If we consider that the intended change Republic of Ireland collectively form a common
can be treated as a change of circumstances travel area) or while he/she is overseas or
we will confirm this in writing and the applicant expired while he/she is overseas the applicant
should keep this letter with the original will need to apply for fresh leave after the
documents. sponsor has assigned a new certificate of
sponsorship.
Multiple Periods of Employment in
the United Kingdom
237. For all applications under the transitional • Jewish Agency employee; or
arrangements, applicants must not have
• Tier 2 (General) migrant, but only if, when
currently been in the United Kingdom in a
he/she received his/her last grant of leave,
combination of any of the categories stated
he/she was awarded points under these
above for a total period of five years or more.
transitional arrangements;
Where an applicant wishes to extend his/her
leave beyond five years under the points based and
system, he/she must apply under the full points
based system criteria. where he/she continues to work for the same
employer in the same job, that the original
238. For all applications under the transitional leave was granted for (an exception to this is
arrangements, the applicant must continue to where the applicant is applying as a senior
be working for the same employer doing the care worker or an established entertainer).
same job. The exception to this is applicants
applying under the senior care worker or 242. Such applications must comply with the
established entertainer provisions. following conditions:
245. Where existing work permit holders 250. An applicant can apply under the Tier 2
seek a change of employment (excluding Minister of Religion transitional arrangements
those applying under the senior care worker where he/she has, or was last granted, leave
provisions) after Tier 2 comes in to force, they under the Minister of Religion category in
will need to apply under the points based existence before 27 November 2008.
system and meet full Tier 2 criteria.
251. Applicants will be awarded 10 points
Transitional arrangements - Tier 2 for both English Language and maintenance
(Intra Company Transfer) requirements.
249. Applicants will be awarded 10 points • his/her last grant of leave was as a work
for both English language and maintenance permit holder;
requirements.
Transitional arrangements -
established entertainers under Tier 2
(General) and Tier 2 (Intra Company
Transfer)
(Entry clearance applications only) The applicant will receive the Administrative
Review Request Notice with the entry
1. What is Administrative Review? clearance refusal notice.
Administrative Review is the mechanism for The applicant must complete the Request
reviewing refusal decisions made under the Notice in full and send it directly to the address
Points Based System where an applicant stated on the Request Notice.
believes an error has been made in the
decision. The Administrative Review is free of Applicants must not send any additional
charge. documents such as passport or supporting
documents with the Administrative Review
Administrative Review is an entitlement but request notice. If the refusal is subsequently
the request must be made within 28 days from overturned, the applicant will be asked to send
the date the refusal notice is received by the in their passport.
applicant. For time limits for making a request,
see further paragraphs 6 and 7 below. 6. What is the deadline for applying for
Administrative Review?
Administrative Review is a non-statutory
scheme; that is there is no legislation setting The applicant has 28 days from the date
out what it covers or who is eligible to apply. of receipt of the refusal notice, to submit a
The policy is contained in this guidance. request for Administrative Review.
Anyone refused entry clearance under Points However, where the Administrative Review
Based System, where they believe the Entry upholds a refusal but with different refusal
Clearance Officer has made an incorrect grounds, the applicant may request an
decision. administrative review of these new refusal
grounds.
10. What will the administrative reviewer Where the administrative reviewer
look at? recommends in line with the above, that the
reasons for refusal should be revoked, the
The administrative reviewer will examine applicant may still be refused but with new
the evidence submitted with the original grounds for refusal.
application, copies of which will be kept at the The administrative reviewer will not
refusal post. recommend that the original decision is
The applicant is not allowed to provide overturned simply because the applicant
new evidence. Any new evidence must be claims there is a fault with United Kingdom
disregarded unless the applicant was refused Border Agency’s underlying processes or
under paragraph 320 (7A) or 320 (7B) of the policies.
Immigration Rules on General Grounds for 12. Does Administrative Review cover
Refusal (see paragraph 12). General Grounds for Refusal?
Any new evidence submitted by the applicant
must be returned to them together with the Yes. Administrative Review will also look at
outcome of the Administrative Review. refusals on the basis of paragraph 320 of the
Immigration Rules on “General Grounds for
11. How are Administrative Review decisions Refusal.”
made?
Reviews of refusals made under paragraphs
The administrative reviewer must review all 320(7A) and 320(7B) of the Immigration
aspects of the refusal not just the part of the Rules
refusal, which the applicant has asked to be
reviewed. They will check that: The applicant may submit further information
with the Administrative Review request, if the
• points have been correctly awarded; refusal is based on paragraph 320 (7A) or
320 (7B) of the Immigration Rules on General
• documents have been correctly assessed; Grounds for Refusal.
and