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Changes to rules for skilled and highly skilled migrant workers | Immigration Matters

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Immigration Rules for highly skilled migrant workers will change on 31 March 2009, the UK Border Agency announced this week. 

The academic and financial requirements for two categories in Tier 1 of the points-based system are being raised. 

The resident labour market test will also be “strengthened to ensure that skilled jobs are advertised within the United Kingdom before they can be offered to migrant workers”. 

Both changes follow the Home Secretary’s announcement on 22 February of new measures to “raise the bar” for foreign workers wishing to work in the United Kingdom. 

Changes to Tier 1 of the points-based system for highly skilled  

Changes for the Tier 1 (General) and Tier 1 (Post-Study Work) categories will apply to all applications submitted on or after 31 March 2009. 

Tier 1 changes will apply to migrants applying for permission to enter the United Kingdom under this category for the first time, or applying to switch into the Tier 1. Migrants applying for an extension of their permission (FLR) under Tier 1will  be unaffected. 

The earnings multiplier for overseas earnings will still apply for initial applications only. There has never been a provision for overseas earnings to be multiplied at extension stage. 

The changes to the Tier 1 (Post-Study Work) category mean that applicants will not be awarded points for Postgraduate Diplomas or Postgraduate Certificates other than Postgraduate Certificates in Education. 

The UK Border Agency has published revised guidance for Tier 1 (General) and Tier 1 (Post-Study Work) applications – see the guidance notes on the UK Border website for full details. 

Changes to the resident labour market test 

The resident labour market test ensures that sponsoring employers offering skilled jobs (Certificates of Sponsorship) to non EU migrant workers must first advertise the post to resident workers. The rule also applied to Work Permits for jobs not in a Shortage Occupation category. 

From 31 March 2009, employers wishing to sponsor migrants under Tier 2 (General) will not pass the test unless the job has been: 

  • advertised to settled workers in Jobcentre plus
  • advertised using one other method permitted by the relevant code of practice

For the latest immigration news visit www.immigrationmatters.co.uk

If you need any immigration advice or help with applications for Tier 1 or Tier 2, or an appeal against a refusal please email us at: info@immigrationmatters.co.uk

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9 Responses to “Changes to rules for skilled and highly skilled migrant workers”
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  1. HOW LONG DOES AN APPEAL BE PROCESSED? REGARDING THE STANDARD OF EDUCATIONAL SCHOOL I\HERE IN THE PHILIPPINES, WHAT IS THE STANDARD OF PAMPANGA AGRICULTURAL COLLEGE? BECAUSE MY HUSBAND CAME FROM THAT SCHOOL AND HE JUST GAINED 5 POINTS WHERE IN FACT MANY OF THE GRADUATES OF PAMPANGA AGRICULTURAL COLLEGE ARE NOW ALREADY WORKING IN THE UK AS TO GRADUATES OF AGRICULTURE, HOPE BY THIS YOU WILL HELP MY HUSBAND IN HIS APPEAL FOR HE REALLY WANTS TO WORK IN THE UK AND HE COULD APPLY HIS KNOWLEDGE AND IDEAS ABOUT THE WORK HE IS APPLYING FOR,HE IS HOPING AND AIMING THAT UR GOVERNMENT WOULD ALLOW HIM TO WORK IN UR COUNTRY. THANK YOU VERY MUCH.GOD BLESS AND MORE POWER, I DO PRAY THAT THE ONE WHO WILL HANDLE HIS PAPERS DURING THE APPEAL WOULD BE IN GOOD MOOD AND AT PEACE, BE ENLIGHTENED SO HE CAN FOCUS ON REVIEWING THE DOCUMENTS. THANK YOU

  2. i am a student curently doing postgraduate degree, i took a year out with the IGS and wiles here was working for a construction company which is not registered here as a marketing manager. my pay was paid into my oversee account. can i apply for tier under this circumstance.?

    and also does the IGS count towards the number of years u lived here?

    thank you.

  3. vilma guevarra says :

    i am a student visa holder who is already here in the u.k.my employer has promised me to help me get a work permit when my visa finishes,but he said i am required to do the IELT’S test.is this necessary according to the new law?

  4. Dr. Maqbool Ashraf says :

    I hold the post graduate higher medical professinal/vocational qualifications of FRCS from the Royal College of Physicians and Surgeons of Glasgow,UK, and FCPS from College of Physicians and Surgeons of Pakistan. How can I get these qualifications accpted as higher than Bachelors level for the puposes of earning points for the TIER-1? The UK bodies like NARIC, General Medical Council, and the Royal College of Physicians and Surgeons do not seem to be in a position to help.

  5. Can Postdoc fellowships after PhD to do independent research work, be classified as earnings in the assessment for highly skilled immigrant scheme?

  6. Check the UK Border Agency site or seek advice from an OISC adviser.

  7. I will soon be extending my student visa for further studies, but im not quie clear about how much im required to show in my account balance.Is it $9700 in my account or my sponsors account? pls clarify

  8. The article only outlines the basic points. You should check the full guidance on the UK Border Website (http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/newrulesskilledhighlyskilled) or seek advise from an Immigration Adviser

  9. In your article ‘Changes to rules for skilled and highly skilled migrant workers’ your say that the Tier 1 changes will apply to migrants applying to switch into the Tier 1. Will this include migrants who currently have an HSMP but need to extend this by switching into Tier 1?

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