This guidance sets out the Tier 2 Visa route which we suggest might be an alternative to the Tier 5 MTI Visa route, if the requirements are met.
UKVI Guidance states that the ‘Tier 2 is the route which enables UK employers to employ nationals from outside the resident workforce to fill particular jobs which cannot be filled by settled workers. A skilled worker in any Tier 2 category must not displace a suitable settled worker’.
This category includes applicants coming to the UK to fill shortage occupations. A Tier 2 Visa is also subject to a resident labour market test.
The resident labour market test is there to protect the settled workforce and means that employers must advertise the job they want to recruit for, to give settled workers a chance to apply. They can only recruit a migrant if:
Where a resident labour market test is not required before a certificate of sponsorship (CoS) under Tier 2 (General) can be assigned:
The shortage occupation list in Appendix K of the Immigration Rules on GOV.UK is reviewed regularly. The document includes a separate list of shortage occupations for Scotland. If a vacancy is being filled which is listed only on the shortage occupation list for Scotland, the vacancy must be in Scotland.
A CoS can only be assigned for a job on the shortage occupation list if the migrant will work for a minimum of 30 hours per week.
© 2021 Academy of Medical Royal Colleges.