Changes to Tier 2 immigration rules

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Changes to the UK immigration rules for Tier 2 migrants took effect from 6 November 2014 and affect employers who sponsor migrants to work in their organisations under a Sponsorship Licence. This is important because getting it wrong could result in the revocation of the Licence and a curtailment on ability to recruit overseas workers. The key changes to Tier 2 include a requirement for the job vacancy to be ‘genuine’ and not created for the individual migrant worker. A Certificate of Sponsorship will not be awarded to enable a migrant worker to fulfil a role or provide an ongoing service to a third party who is not the sponsor, even on a temporary basis. This is most likely to apply to situations where a migrant worker is sponsored to work in the UK by an employment agency. Under the new rules, the agency will no longer be able to place the worker to fulfil a role with a client even on a temporary basis.

These ‘tightening up’ amendments to the Tier 2 rules are unsurprising given the current focus on immigration. While the spirit of the changes is in keeping with the current position, it seems that the Home Office will be doing more to check that applications are genuine and are being made in good faith. For more information on the changes please see our Business Insight.

Walker Morris’ specialist Business Immigration Team is hosting a free Business Immigration seminar on 3 February at which key immigration requirements will be covered. If this may be of interest to you or a colleague, please click here for further details.