The UK government has introduced important changes to the Tier 2 visa system, which affects skilled workers coming to the UK. These changes are mainly aimed at making it easier for employers to recruit talent in sectors facing skill shortages. Here’s a breakdown of the major updates.
Expansion of the Shortage Occupation List (SOL)
One of the most significant changes is the expansion of the Shortage Occupation List (SOL). This list includes jobs where there is a high demand for workers in the UK. Now, more jobs are included, meaning employers won’t need to carry out the Resident Labour Market Test (RLMT) for these roles. This test previously required employers to advertise the job to the UK labor market for 28 days before hiring a foreign worker.
What’s Changed:
- No RLMT for SOL jobs: Employers don’t have to advertise these roles before hiring a foreign worker.
- Exemption from minimum salary requirement for ILR: Migrants sponsored for jobs on the SOL are exempt from the £35,800 salary threshold when applying for Indefinite Leave to Remain (ILR), though they must still meet the salary requirement for the specific job.
- Broadening of existing codes: Some job codes on the SOL have been expanded to include all roles within those categories, not just specific positions.
Changes in Key Sectors
Technology Roles
The technology sector has been boosted by adding software developers, IT business analysts, and systems architects to the SOL. Previously, only certain jobs within these categories qualified, but now all roles within these codes are included.
Engineering Jobs
The engineering sector also benefits from these changes. All roles within civil, mechanical, electrical, design, quality control, and production engineering are now exempt from the RLMT requirement.
Medical Roles
Previously, only certain medical practitioners, such as consultants in emergency medicine, were included in the SOL. Now, all medical practitioner roles are eligible.
Chefs
Restaurants, especially in the curry industry, will be happy to know that chefs are now added to the SOL, allowing employers to sponsor chefs under the Tier 2 visa, provided they meet the other requirements. This will help restaurants struggling to find chefs in the UK.
New Jobs Added to the SOL
In addition to the expanded categories, some new jobs have been added to the list, such as:
- Biological scientists
- Biochemists
- Occupational therapists
- Psychologists
- Veterinarians
These roles are now eligible for sponsorship under Tier 2.
PhD-Level Jobs Exempt from the Annual Cap
PhD-level occupations will no longer count towards the Tier 2 annual cap of 20,700 applicants. This change acknowledges the importance of highly skilled migrants, particularly researchers, to the UK’s economy.
English Language Changes
- New English language requirements: The list of approved English language tests has been updated. Tests like IELTS and Trinity College London are still accepted, but Appendix O has been deleted. There’s also no need to submit a physical certificate—applicants just need to provide the unique reference number from their test.
- Exemption for doctors, dentists, nurses, and midwives: These professionals will be exempt from the Tier 2 English language requirement if they’ve already passed a language test required by their professional regulatory body.
Indefinite Leave to Remain (ILR) Changes
- Salary exemption for certain absences: Migrants who are absent from work due to things like humanitarian work, parental leave, or legal strike action will be exempt from the salary threshold when applying for ILR, as long as they provide the necessary evidence.
- PhD-level research absences: For migrants in PhD-level roles, absences related to UK research will not count against their continuous residence requirement for ILR.
Graduates Switching from Tier 4 to Tier 2
Students who are in the UK on a Tier 4 student visa and want to switch to Tier 2 can now do so within the 3 months before their course ends. These students can also start working for their Tier 2 employer while waiting for a decision on their visa application.
The changes to the Tier 2 visa system are designed to help employers recruit skilled workers in key sectors facing skill shortages. These changes also make it easier for highly skilled migrants, including those in technology, engineering, and healthcare, to come to the UK. However, the exclusion of unskilled workers from the system means that businesses will need to adjust their recruitment strategies.
If you’re planning to apply for a Tier 2 visa, Law and Visas can help guide you through the updated process and ensure your application meets the new requirements.
