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The introduction of the new point based system has simplified and created new categories for employers. In this section, there will be a brief summary of each categories:

What is the tier 2 - skilled worker category?

The skilled worker category (Tier 2 General) is for people coming to the United Kingdom with a skilled job offer to fill a gap in the workforce that cannot be filled by a settled worker. The job must be at S/NVQ level 3 or above, and the migrant must earn the appropriate salary or other package of remuneration appropriate for the job in the United Kingdom.

What is the tier 2 - intra-company transfer category?

The intra-company transfer category is for migrants who have been working for multinational companies and are being transferred by their overseas employer to a skilled post in a related United Kingdom entity. The migrant must have been working for the overseas employer for at least six months directly before the transfer.

If you want to register to employ intra-company transferees, all of the branches (or entities) given in your application must be linked by common ownership or control and you will have to provide evidence to prove this. Because of the specific nature of these transfers, you do not have to meet the resident labour market test.

The job must be at S/NVQ level 3 or above, and the migrant must earn the appropriate salary or other package of remuneration appropriate for the job, including any specific allowances they deem appropriate, in the United Kingdom.

What is the tier 2 - sports people category?

The tier 2 - sports people category is for elite sports people and coaches:

  • who are internationally established at the highest level; and 
  • whose employment will make a significant contribution to the development of their sport at the highest level in the United Kingdom; and
  • who intend to base themselves in the United Kingdom.

Migrants under this category must be sponsored by a club (or equivalent) that is licensed by The Home Office to issue certificates of sponsorship under this category.

What is the tier 2 - ministers of religion category?

The minister of religion category is for people coming to the United Kingdom to work in a job as religious workers within a genuine (bona fide) religious organisation for up to three years.

The minister of religion category includes:

  • preaching or performing pastoral duties;
  • work as a missionary; or
  • work in a religious order within a community which involves a permanent commitment like a monastery or convent.

Pastoral duties include:

  • leading worship regularly and on special occasions;
  • giving religious education to children and adults by preaching or teaching;
  • officiating at marriages, funerals and other special services;
  • offering counselling and welfare support to members of the congregation;
  • recruiting, training and co-ordinating the work of any local volunteers and lay preachers.

Work as a missionary is not just preaching and teaching and can include:

  • the organisation of missionary activity, but should not be administrative or clerical, unless filling a senior post;
  • supervising staff;
  • co-ordinating the organisation of missionary work;
  • being in charge of a particular activity such as accounts/finance, personnel management or IT; or
  • translating religious texts is missionary work not clerical work.

The work in a religious order must be in the order itself or outside work directed by the order.

Migrants should apply under the student category if they are a member of a religious order and studying for a qualification, a formal full-time course of study or training in an academic institution not looked after by the order.

Working full-time as a teacher in a school run by a church or missionary organisation does not count as missionary work.  Teachers must apply as a teacher under the sponsored skilled worker category (tier 2).

Categories of temporary worker

This secrtion explains the different categories of temporary worker that you can apply to sponsor under tier 5.

What is the tier 5 - creative and sporting category?

This category is for migrants who want to come to the United Kingdom to work as sports people for up to 12 months, or to perform as entertainers or creative artists for up to 24 months. It does not cover people who currently enter the United Kingdom under the permit-free concessions for entertainers (including permit-free festivals) and sports people. These concessions have been brought within the immigration rules (outside the points-based system) under the revised visitor categories.

What is the tier 5 - charity worker category?

Migrants coming to work temporarily in the United Kingdom as charity workers should do only voluntary activate and not paid work. They should intend to carry out work directly related to the purpose of your organisation.

Migrants entering the United Kingdom under the charity workers category will be given a maximum of 12 months' permission to stay.

What is the tier 5 - religious worker category?

The religious worker category is for people coming to the United Kingdom to work temporarily. Religious workers can:

  • do preaching, pastoral work and non-pastoral work;
  • work in the United Kingdom in the same way that they are working in an overseas organisation (although their duties in the United Kingdom may be different) - the job should be done in their holiday from their job overseas; or
  • work in a religious order with a community which involves a permanent commitment, such as a monastery or convent. The work in a religious order must be in the order itself or be outside work directed by the order. A migrant can apply if he or she is a novice whose training means taking part in the daily community life of the order.

A migrant should apply under the student category (tier 4) if they are a member of a religious order and studying for a qualification, a formal full-time course of study or training in an academic institution not looked after by the order.

Teachers working in schools not looked after by their order must apply as teachers under the sponsored skilled worker category (tier 2). Migrants entering the United Kingdom under this category will be given a maximum of 24 months' permission to stay. Their dependants will be allowed to work if accompanying or joining them in the United Kingdom.

What is the tier 5 - government authorised exchange category?

The government authorised exchange category is for people coming to the United Kingdom through approved schemes that aim to share knowledge, experience and best practice. This category must not be used to fill job vacancies or to bring unskilled labour to the United Kingdom.

Migrants entering the United Kingdom under the government authorised exchange category will be given a maximum of 24 months' permission to stay.

What is the tier 5 - international agreement category?

This category is for migrants who are coming to the United Kingdom under contract to provide a service that is covered under international law, including:

  • the General Agreement on Trade in Services (GATS);
  • similar agreements between the United Kingdom and another country;
  • employees of overseas governments and international organisations; and
  • private servants in diplomatic households.

Migrants in the GATS and similar agreements between the United Kingdom and another country can come for up to a maximum of 24 months.

Employees of overseas governments and international organisations can come for an initial maximum of 24 months. They then have the option to apply from inside the United Kingdom for an extension for periods of 12 months at a time, up to a total maximum of 72 months.

Private servants in diplomatic households or households of employees of international organisations can come for an initial maximum of 24 months, with the option to apply inside the United Kingdom for periods of 12 months at a time up to a total maximum of 72 months. This covers transitional arrangements for those working in the United Kingdom on or before 26 November 2008, and changes to settlement provisions for those entering the United Kingdom under tier 5 on or after 27 November 2008.)

What is the tier 5 - youth mobility scheme category?

Sponsors under the youth mobility scheme are the national governments of the participating countries.

The youth mobility scheme is for young people from participating countries who would like to experience life in the United Kingdom. Sponsored young people from participating countries will be allowed to come to the United Kingdom for up to two years, while young United Kingdom nationals enjoy similar opportunities in participating countries. These young people will be free to do whatever work they like during their stay in the United Kingdom, except for setting up their own business, playing professional sport or working as a doctor in training.

Categories of student

This page explains the different categories of student that you can apply to sponsor under tier 4 of the points-based system.

What is the tier 4 (General) student category?

This category (also referred to as 'adult students') is for people who want to come to the United Kingdom for their post -16 education. Students aged 16 or 17 are advised to apply as general students if they want to take a course at or above National Qualification Framework level 3 (or equivalent) lasting more than two years.

Students aged 16 or 17 must apply as general students if they want to study for an English language qualification at Common European Framework of Reference for Languages (CEFR) Level A2 or above.

What is the tier 4 - child category?

This category is for children between 4 and 17 years old. Children between 4 and 15 years old will only qualify as child students if they are coming to the United Kingdom to be educated at independent fee-paying schools.

Students aged 16 or 17 must apply as child students if they want to take a course below National Qualification Framework level 3.

Categories outside the points-based system

The 'prospective student' and 'student visitor' routes remain outside the points-based system.

 
 
 



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