There are four subcategories of Tier 2 Migrants. These are:
Tier 2 (General) - for skilled workers coming to do jobs that cannot be filled from the resident labour market and also for shortage occupations
Tier 2 (Intra-Company Transfer) - for skilled workers moving from a branch of a company located outside the European Economic Area (the EEA) to a UK branch of the same company.
Tier 2 (Minister of Religion) - for people to work as religious workers with recognised religions. This subcategory includes preachers and pastoral workers
Tier 2 (Sportsperson) - for people and their coaches who are established at the highest level internationally in their sport
All applicants for leave to enter or remain under any sub category of Tier 2 must score points for competence in the English language (Appendix B of the Rules), and must show that they have the ability to support themselves for the first month of their stay in the UK (Appendix C). If their Sponsor is A graded the necessary points for Appendix C can be scored by the Sponsor's issuing a guarantee to maintain and accommodate the Migrant if this is necessary.
Tier 2 (General)
The UKBA publishes codes of practice relevant to defined areas of work - which determine the salary level at which any job must be advertised in order to comply with the necessary resident labour market test. The codes of practice also stipulate the organs of the trade press in which a particular job must be advertised - although since April of 2009 the UKBA has required all jobs to be advertised also in Jobcentre Plus.
There is no requirement for a resident labour market test for jobs listed as shortage occupations. The list of such occupations is compiled by an organisation called the Migration Advisory Committee (MAC) and is published on the UKBA's website.
These requirements are reflected in the points to be awarded for attributes in Appendix A of the Immigration Rules to applicants for entry clearance and leave to remain as Tier 2 (General) Migrants.
Tier 2 (Intra-company Transfer)
No resident labour market test needs to be satisfied by staff applying in this sub category of Tier 2, who will be coming to the UK from an overseas branch of their employer in the UK. Applicants must have been working for the overseas branch for not less than six months prior to their applications. Their salary must be commensurate with the rate appropriate for that job in the UK. Complicity with these requirements will gain applicants the necessary points for attributes under Appendix A of the Rules.
Tier 2 (Minister of Religion)
Those applying as Ministers of Religion must satisfy an appropriate resident labour market test and must have a command of the English language higher than that for applicants under the other sub categories of Tier 2. Complicity with these requirements will gain applicants the necessary points under Appendices A and B of the Rules.
Tier 2 (Sportsperson)
This sub category is for people whose employment in the UK will make a significant contribution to the development of their sport at the highest level in the UK. The class of applicants is effectively defined by their Sponsors, which generally will have been approved by the sport's Governing Body.
Periods of leave
Entry clearance will be granted to applicants under Tier 2 for a maximum period of 3 years or for the duration of the period of engagement plus 14 days - whichever is the shorter. The period of engagement is defined in the Immigration Rules as follows:
"the period beginning with the employment start date as recorded on the Certificate of Sponsorship Checking Service entry which relates to the Certificate of Sponsorship reference number for which the migrant was awarded points under paragraphs 59 to 100 of Appendix A and ending on the employment end date as recorded in the same entry"
Leave to remain will be granted for a maximum of 2 years or for the period of engagement plus 14 days (whichever is the shorter). Those given leave to remain under transitional arrangements will get the length of the period of engagement or enough time to make them eligible to apply for indefinite leave to remain - whichever is the shorter.
As with Tier 1 (Migrants) after a migrant has completed a continuous period of 5 years' leave to remain as a Tier 2 (Migrant) or a permitted combination of Tier 2 leave and other leave he or she becomes eligible to apply for indefinite leave to remain in this subcategory.
Family members of Tier 2 Migrants
As with Tier 1 Migrants a Tier 2 Migrant's family members can accompany the Migrant to the UK. Each family member must satisfy a maintenance requirement under Appendix E of the Immigration Rules.