New Tier 2 Guidance

The UKBA has today published new

Tier 2 guidance designed to provide a more practical and

workable system for employers issuing Certificates of Sponsorship

under Tier 2.

These changes follow months of lobbying the Government and

working with Home Office contacts to refine the Points Based System

"PBS" to better meet business needs. This is a positive

sign that the UKBA is listening to employer concerns and we will

continue to feed in to the UKBA over the coming months.

The main changes published today:

  1. Changes to the Resident Labour Market Test for senior


    Employer concerns that the JobCentrePlus in not a suitable forum

    for advertising very senior roles have been addressed. From today

    employers will not be required to advertise the role in the

    JobCentrePlus where:

    the prospective earnings for the role in question amounts to

    £130,000 or above AND falls under the SOC

    code 1112 (Directors and Chief Executives) and SOC code 2411 (Legal

    Partners); or

    there may be stock exchange disclosure requirements.

    Employers should note that the role will still need to be

    advertised in accordance with the Codes of Practice.

    Further, SOC code 1112 does not include a requirement that a

    director should be a board director i.e. it can denote a level

    within an organisation rather than the legal office. Related job

    titles are: Chief Executive (major organisation), Company Director

    (major organisation), Director (major organisation), General

    manager (major organisation), Managing Director (major


    Job descriptions should involve elements of the following:

    analyses economic, social, legal and other data and plans,

    formulates and directs the operation of a company or


    consults with subordinates to formulate, implement and review

    company policy

    prepares, or arranges for the preparation of reports, budgets,

    forecasts or other information

    plans and controls the allocation of resources and the

    selection of senior staff

    authorises funding for policy implementation programmes and

    institutes reporting, auditing and control systems

    Clearly many roles paying over £130,000 will fall outside

    this category if they are not at a senior level and with the

    management responsibilities detailed. This change is nevertheless

    extremely welcome.

  2. Tier 2 (General) migrants will no longer be required

    to be on UK payroll

    This is a particularly useful ruling for those joining a smaller

    office, or coming to the UK for a period of employment as a


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