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Immigration: Routes to NHS employment, training or studying in the UK

An interactive journey through immigration rules and the points-based system
by

NHS Employers

on 26 April 2013

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Transcript of Immigration: Routes to NHS employment, training or studying in the UK

www.nhsemployers.org/immigration Routes to NHS employment, training or studying in the UK Immigration rules and the points-based system There are a number of important legal requirements for employers when recruiting from overseas, such as verifying specific documentation to ensure that individuals have a right to work in the UK. The immigration system is governed by a number of rules outlining the way individuals from outside the European Economic Area (EEA) and Switzerland can work. The system is based on points.

Migrants must pass a points assessment before they are given permission to enter or remain in the UK. Points are awarded to reflect ability, experience, age and where appropriate, the level of need in the migrant's chosen occupation.

The system has four tiers - Tier 1,2,4 and 5 - which are the routes to employment, training or studying in the UK. Tier 3 was designed for individuals to perform temporary low skilled work, but was never implemented and remains suspended. Tier 1 Tier 1 (General) applies to highly-skilled individuals, previously the Highly Skilled Migrant Programme (HSMP).

Anyone who already holds a Tier 1 (General) or the previous HSMP visa is able to extend their stay based on the rules and criteria that were in place at the time they were first granted leave to remain in this category.

Tier 1 (Post-study work) granted individuals who had graduated from a UK university under Tier 4, two years of leave to remain with the ability to work without a sponsor.

Tier 1 entry routes are now closed to all new applicants Tier 2 Tier 2 is the most commonly used route in healthcare recruitment and applies to skilled workers who are offered a sponsorship to fill gaps in the UK labour force (previously the work permit route).

To employ an individual through Tier 2, employers need a sponsorship licence in order to apply for a Certificate of Sponsorship (CoS). Sponsorship licences last for four years and have strict duties that employers must comply with. Certificates of Sponsorship (CoS) can be restricted or unrestricted.

A restricted CoS is for individuals who are applying from overseas as new entrants into the country.

An unrestricted CoS is for individuals who are already in the UK and who have been issued with an extension within Tier 2, or who need to transfer into Tier 2. Tier 2 The RLMT doesn't need to be carried out if the role is on the shortage occupation list, which is an official list of all occupations for which there aren't enough UK workers to fill vacancies. To employ an individual from overseas through Tier 2, the employer must first ensure that there are no suitable settled UK workers who could fill the role. This is done through a resident labour market test (RLMT). Tier 2 The RLMT doesn't need to be carried out if the role is on the shortage occupation list, which is an official list of all occupations for which there aren't enough UK workers to fill vacancies. To employ an individual from overseas through Tier 2, the employer must first ensure that there are no suitable settled UK workers who could fill the role. This is done through a resident labour market test (RLMT). Find out more about Tier 2 and the points-based system, download our step-by-step and process guides. www.nhsemployers.org/immigrationguides Tier 4 Tier 4 applies to students who wish to come to the UK to study.

Individuals must be sponsored by the educational establishment to undertake their studies. Tier 5 applies to individuals on a youth mobility scheme and temporary workers who are allowed to work in the UK for a limited period of time to satisfy primarily non-economic objectives, such as exchange schemes. Tier 5 ...need more information? The NHS is committed to ensuring ethical recruitment practices through adherence to the UK Code of Practice (CoP) for international recruitment. NHS Employers provides guidance to NHS organisations on recruiting staff from overseas Access more information and download our guides to immigration on our website www.nhsemployers.org/immigration or email recruitmentandretention@nhsemployers.org
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