Settlement requirements amended for Tier 2 visas and work permits

Migrants applying for settlement from Tier 2 visa or a work permit face new requirements from 31 October 2011.

The latest changes follow the wider reforms introduced in April 2011, including the introduction of salary requirements for settlement applications.

The new amendments were announced in early October by the UK Border Agency (UKBA) and are now in effect for all applications for Indefinite Leave to Remain (ILR) made from migrants with Tier 2 visas or work permits.

Since April 2011 written confirmation from a migrant’s employer or sponsor that they are being paid ‘at or above the appropriate rate for their job’ has been required in all applications for ILR made by Tier 2 migrants and work permit holders.

New evidence required

From 1 November 2011 onwards the Immigration Rules have been changed to require further evidence of their salary. All applications from Tier 2 migrants and work permit holders must now include documents confirming their salary in addition to the employer or sponsor’s confirmation.

The recommended evidence to be provided suggested by the UKBA is:

  1. a payslip and a personal bank or building society statement, or
  2. a payslip and a building society pass book

If you do not provide this evidence with your application then it may be refused.

Tier 2 and work permit salary requirements

As part of the wide-reaching changes to the Immigration Rules brought into effect in April 2011, Tier 2 migrants now face stricter limits on applications for ILR.

As part of these changes Tier 2 migrants must hold a job (or an offer of a job) above a certain level and they must be paid at or above an ‘appropriate rate’.

For applications made outside the UK, or for anyone looking to switch into Tier 2 the job must be at or above graduate level. For applicants already currently working in the UK under Tier 2 (General), Tier 2 (Intra company transfer) or a work permit the job must be at or above S/NVQ3 level.

The UKBA provide codes of practice for skilled occupations which include the minimum salary rates as well as more information. These codes of practice are separated by the sections of the Skilled Occupation List they apply to:

You can also find more information about the requirements for Tier 2 applications on the How do I sponsor a migrant worker page of the UKBA website.

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