Employers who wish to make use of the Tier 2 scheme must be registered with the UKBA to sponsor visas. The justification to hire people from outside Europe requires extensive proof that a European wide recruitment campaign has been first managed over many months. The employer has to prove that the visa applicant is the only person capable of doing the job and that no one else in Europe is available. In today's EU market there is generally plenty of resource available. Hence visas are only sponsored for skills in short supply.
We are hearing reports that the number of employers sponsoring visas is now falling in numbers. The UKBA has also put a limit on the number of Tier 2 visas to be issued and it is relatively small.
What are the rules of Tier 2 visas?
Tier 2 visas are only valid for ‘true' permanent jobs. This means that you (the Tier 2 visa holder), are joining the employer in a job where you are provided with your work and where you are managed and controlled on a day-to-day basis by your manager. This means your daily work outputs are managed. It means you receive the same benefits as other permanent employees and your career is managed by your employer. You will in general work in the offices of your employer with your fellow employees. If you work at a client site, then you will work as part of a managed team and your employer will be supplying project based services to the client.
Can I work as a contractor?
No. You must work as an employee of the sponsor and cannot then be supplied out via an agency (or direct in some cases), on an individual hourly or daily hire basis, i.e. as a contractor.
This said you can work as a consultant of a company (as mentioned above)! Provided they have a time-bound deliverable based service contract with a client and the consultant would lead the delivery on site under the direction and control of the employing/sponsoring company. (in line with the deliverables of the service contract)
What should I do if I am being offered sponsorship, but I am not sure if it is legal?
Phone the UKBA help line and explain your situation.
Why is it now so difficult to obtain sponsorship via a Tier 2 visa?
In our opinion, there are two reasons:
1. Europe is expanding. We have seen many new countries joining the European Economic Area over the past 5 years and hence the UK is now meeting its net immigration numbers from within the EU.
2. The recent economic crisis in Greece and Spain etc. is making the UK a desirable location to live and work.
If I work first in another European country then can I come to the UK?
If you have gained citizenship of that country then you can freely live and work in the EU including the UK.
If you however only have an entry visa e.g. a Schengen visa then you need to look at the terms of this. Entry and working are two different things.
I am a dependant of a Tier 2 holder and hence I am valid to work in any type of role!
Yes, but the longevity of your stay in the UK depends on the ability of your partner to renew their visa AND the type of Tier 2. If your partner holds a Tier 2 general then you can apply for ILR after 5 years in the UK and hence stay here as any other British resident. However if the Tier 2 is an ICT (Intra-company Transfer), then you cannot obtain ILR and hence you should make this clear when applying for roles. Clearly in applying for a permanent role, your stay and hence employment, is governed by the Tier 2 ICT sponsor of your partner. Once the visa is not renewed, then you must leave your employer.
If you require more information regarding Tier 2 General Visas and sponsorship for IT professionals do get in touch at consult@mavisas.co.uk.
You may be an IT professional on a dependent visa/student visa or already on a Tier 2 General visa elsewhere and looking for Tier 2 General Visa sponsorship. This could be to work on exciting projects on a client site for a consultancy.
Thanks for reading
Mason