Could Your Workers be Affected by Immigration Changes Relating to Those Sponsored Under Tier 2?
From 6th April 2017, skilled pharmacists and other healthcare professionals applying for Tier 2 visas from outside the UK will need to provide criminal record certificates in support of their applications.
Criminal record certificates need to be obtained from any country in which the sponsored worker and any adult family members who are accompanying them have resided for 12 months or more in the 10 years prior to their application. The criminal record certificate (or certificates) will need to be obtained before the visa application is submitted so applications may be held up if there is a delay in the issue of the certificates.
The requirement applies where the worker is being sponsored under a specified occupation code, and while many research professionals are excluded, the requirement does extend to pharmacists. The full list of affected occupation codes can be found in the Home Office's guidance on conducting criminal records checks.
The Home Office's guidance states that an applicant applying for a visa as a Tier 2 migrant will be informed by their sponsor whether they will be required to provide a criminal record certificate, but it is unclear whether sponsors themselves will be reminded of this requirement after issuing a Certificate of Sponsorship in one of the specified occupation codes. Further details of how this requirement will be implemented are expected in due course.
This change comes on top of other recent and forthcoming changes to Tier 2, which include an increase to the minimum salary to £30,000 and the introduction of an Immigration Skills Charge which will require sponsors to pay up to £1,000 per year per sponsored migrant in addition to the other application fees and charges. Sponsoring employers therefore need to be aware of these changes and take them into consideration when planning their sponsorship activity.
Our team of business immigration specialists can assist with all immigration issues which might affect your business, including Tier 2 sponsorship and visa applications.