EXPLAINING TIER 2


TRANSITIONAL ARRANGEMENT A

1. business or commercial work permit holders (but not a senior care workers);
2. representatives of an overseas newspaper, news agency or broadcasting organisation;
3. members of airport-based operational ground staff of an overseas owned airline.

These categories currently lead to settlement in the United Kingdom, but will be abolished once Tier 2 kicks off.

If you entered the UK under these categories, you and/or your employer will need to apply before 27 November 2008 to extend your current leave under transitional arrangement A, using application form Tier 2, provided:
• you are currently in the United Kingdom; and
• you have a Tier 2 (General) certificate of sponsorship reference number issued by a licensed sponsor; and
• your certificate of sponsorship confirms that the job is identified as skilled in the codes of practice; and
• your certificate of sponsorship confirms that the job is being paid at or above the appropriate rate; and
• you are applying to continue to work for the same employer in the same job, that your previous leave was granted for (an exception to this is if you have been working as a senior care worker, see transitional arrangement D); and
• you have currently been in the United Kingdom in a combination of any of the categories below and/or those listed in paragraph 134 (i) of the of the immigration rules for a total period of less than five years; and
• you were last granted leave under the categories listed above.

Under this transitional arrangement, to qualify for renewal you will not have to score points for your qualifications, your prospective earnings, the resident labour market test, your English language skills, or maintenance.

LENGTH OF EXTENSION:
You can apply for an extension for up to a maximum of 5 years of total stay in the UK. From that point on, to extend your stay, you will need to meet the full Tier 2 criteria. Alternatively, you may apply for settlement, provided you meet the requirements that exist at the time you apply.

CHANGE OF EMPLOYMENT:
If you want to change your employment to another type of job, you will need to meet the full Tier 2 criteria (unless you are a senior care worker, see Transitional arrangement D).

TRANSITIONAL ARRANGEMENT B

1. Minister of religion
2. Missionary
3. Member of a religious order

These categories currently lead to settlement in the United Kingdom, but will be abolished once Tier 2 kicks off.

If you entered the UK under these categories, you and/or your employer will need to apply before 27 November 2008 to extend your leave under transitional arrangement B, using the Tier 2 application form, provided:
• you are currently in the United Kingdom; and
• you have a certificate of sponsorship that has been issued for employment as a Tier 2 (minister of religion) by a licensed sponsor; and
• you were last granted leave as a minister of religion, missionary or a member of a religious order; and
• you have currently been in the United Kingdom in either of these categories for a total period of less than five years.

Under this transitional arrangement, you will not have to meet the English language or maintenance requirements of the new Tier 2 (minister of religion) sub-category.

LENGTH OF EXTENSION:
You can apply for an extension for up to a maximum of 5 years of total stay in the UK. From that point on, to extend your stay, you will need to meet the full Tier 2 criteria. Alternatively, you may apply for settlement, provided you meet the requirements that exist at the time you apply.

CHANGE OF EMPLOYMENT:
If you want to change your employment to another type of job, you will need to meet the full Tier 2 criteria.

TRANSITIONAL ARRANGEMENT C

1. Sportsperson (Work permit holder - subcategory: sports and entertainment) This category currently leads to settlement in the United Kingdom, but will be abolished once Tier 2 kicks off.

If you entered the UK under this category, you and/or your employer will need to apply before 27 November 2008 to extend your current leave under transitional arrangement C, using the Tier 2 application form, provided:
• you are currently in the United Kingdom; and
• you have a Tier 2 (sportspeople) certificate of sponsorship reference number issued by a licensed sponsor; and
• you were last granted leave as a work permit-holding sportsperson. Under this transitional arrangement, you will not have to meet the English language or maintenance requirements.

LENGTH OF EXTENSION:
You can apply for an extension for up to a maximum of 5 years of total stay in the UK. From that point on, to extend your stay, you will need to meet the full Tier 2 criteria. Alternatively, you may apply for settlement, provided you meet the requirements that exist at the time you apply.

CHANGE OF EMPLOYMENT:
If you want to change your employment to another type of job, you will need to meet the full Tier 2 criteria.

TRANSITIONAL ARRANGEMENT D

1. Senior care workers (Work permit holder - subcategory: business and commercial) This category currently leads to settlement in the United Kingdom, but will be abolished once Tier 2 kicks off.

If you entered the UK under this category, you and/or your employer will need to apply before 27 November 2008 to extend your current leave under transitional arrangement D, using the Tier 2application form, provided:
• you are currently in the United Kingdom; and
• you were last granted leave as a Business and Commercial work permit holder, working as a senior care worker; and
• you have a Tier 2 (General) certificate of sponsorship reference number issued by a licensed sponsor; and
• your certificate of sponsorship confirms that you will be working as a senior care worker (SOC code 6115 - Care assistants and home carers); and
• your certificate of sponsorship confirms that the job is being paid at or above £7.02 per hour; and
• you have currently been in the United Kingdom as a work permit holder for a total period of less than five years.

Under this transitional arrangement, to qualify for renewal you will not have to score points for your qualifications, your prospective earnings, the resident labour market test, your English language skills, or maintenance.

CHANGE OF EMPLOYMENT:
As a senior care worker, if you want to change employer, you may apply to do so, as long as you continue working as a senior care worker.

If you want to change your employment to another type of job instead, you will need to meet the full Tier 2 criteria.

LENGTH OF EXTENSION:
You can apply for an extension for up to a maximum of 5 years of total stay in the UK, provided you continue with the same employer.
From that point on, to extend your stay, you will need to meet the full Tier 2 criteria.
Alternatively, you may apply for settlement, provided you meet the requirements that exist at the time you apply.

If you are applying to change employer, you can apply for an extension for up to a maximum of 3 years. If you need a further extension after this three years has expired, to take your total stay up to five years, you can submit a further extension application under these transitional arrangements.

TRANSITIONAL ARRANGEMENT H

1. Entertainers (Work permit holder - subcategory: sports and entertainments) This category currently leads to settlement in the United Kingdom, but will be abolished once Tier 2 kicks off.

If you entered the UK under this category, you and/or your employer will need to apply before 27 November 2008 to extend your current leave under transitional arrangement H, using the Tier 2 application form, provided:
• you are currently in the United Kingdom; and
• you were last granted leave as a Sports and Entertainments work permit holder, working in the entertainments category; and
• you have a Tier 2 (General) certificate of sponsorship reference number issued by a licensed sponsor; and
• you have a certificate of sponsorship which confirms that you will continue to work in the entertainments sector in the same types of work as you have been established in by UK Border Agency and, where necessary, that the sponsor has consulted the relevant industry representative body to ensure that it remains the case; and
• you have a certificate of sponsorship which confirms that the job is being paid at or above the appropriate entertainments industry rate, as agreed with the relevant industry representative body; and
• you have been in the United Kingdom in a combination of any of the categories listed in paragraph 134 (i) of the of the immigration rules for a total period of less than five years. Under this transitional arrangement, to qualify for renewal you will not have to score points for your qualifications, your prospective earnings, the resident labour market test, your English language skills, or maintenance.

LENGTH OF EXTENSION:
You can apply for an extension for long enough to take your total stay in the United Kingdom up to when you become eligible to apply for settlement.
From that point on, to extend your stay, you must apply under the full points-based system criteria.
Alternatively, you may apply for settlement provided you meet the requirements that exist at the time of the application.

CHANGE OF EMPLOYMENT:
If you want to change your employment to another type of job, you will need to meet the full Tier 2 criteria.