In the United Kingdom, jobs requiring skilled workers are advertised to EEA nationals for a specific period before they are made available to a Tier 2 worker. Employers are required to demonstrate that they have fulfilled this requirement, which is known as the Resident Labour Market Test. However, every year, a list of shortage occupations is published, comprising of vacancies that employers are struggling to fill. These jobs are not required to be advertised and non-EEA immigrants can apply for them under the Tier 2 Shortage Occupations Visa category.
What is the UK Tier 2 Shortage Occupations Visa List?
Tier 2 Shortage Occupations Visa list are job vacancies in the UK that settled workers cannot fill in particular sectors. It is a document having the list of all such jobs and is regularly updated based on the new vacancies available for non-EEA nationals. There is a separate list of Shortage Occupations for Scotland as well.
When sponsoring a skilled worker from overseas to fill a position in a UK organisation or business, the employer is required to have a Tier 2 Sponsor License. The license allows them to assign a Certificate of Sponsorship (CoS), which is a requirement to apply for any Tier 2 (General) visa. The CoS can only be issued to a non-EEA national if the job in the Shortage Occupations list is for a minimum 30 hours a week.
Employers enjoy three main benefits when recruiting non-EEA nationals through the Shortage Occupations list:
- They are not required to advertise the jobs to EEA nationals, and therefore, do not have to conduct the Resident Labour Market Test.
- Priority is given to immigration applications made for shortage occupations as compared to any other Tier 2 General Visa categories.
- They receive an exemption from earning threshold for settlement. Employees working in shortage applications only required to show that their salary is equal or higher to a minimum of £30,000 or it is paid at the appropriate rate pertaining to that particular role.
The Eligibility Requirements for Applicants
To qualify for a Tier 2 Shortage Occupations Visa under the Points-Based System (PBS), the employee must:
- Have a valid Certificate of Sponsorship from their employer (30 points)
- Meet the English language requirements (10 points)
- Have been offered an appropriate salary (20 points)
- Have £945 in savings in a recognised bank account for 90 days (10 points)
In addition, the employee must be over 16 years of age and from a country outside Switzerland or the European Economic Area (EEA).
Talk to our Experienced Immigration Solicitors Today
For information, help, and legal advice or to apply for the Tier 2 Shortage Occupations Visa, contact Milestone Solicitors today to schedule an initial consultation and discuss your immigration needs.