Ruth Smeeth – 2016 Parliamentary Question to the Home Office
The below Parliamentary question was asked by Ruth Smeeth on 2016-03-17.
To ask the Secretary of State for the Home Department, what examination of job roles her Department undertakes when issuing Tier 2 (ICT) visas.
James Brokenshire
Each application for a Tier 2 (ICT) visa must be accompanied by a certificate of sponsorship (COS) issued by the applicant’s sponsor. The COS will set out the job description and the job role the applicant is required to perform, as well as the salary they will be paid and the hours of work they will undertake. The Secretary of State will examine the information on the COS against the codes of practice for skilled workers to ensure the criteria under the Tier 2 (ICT) arrangements are met. The codes of practice set out the relevant skill level and minimum rates of pay that apply to any job.
The Secretary of State may also consider whether the application meets the genuine vacancy requirements set out in the Immigration Rules. This assessment is to satisfy that the information in the certificate of sponsorship has not been tailored specifically to meet the requirements of the Tier 2 criteria.
Entry Clearance Officers within visa sections overseas also have the discretion to conduct additional assessments should they have concerns about specific sponsors. Further compliance checks are carried out after the visa has been issued during compliance visits to ensure roles are genuine and meet the appropriate skill level for sponsorship. Compliance officers routinely assess the credibility of the job roles and collect evidence that the duties of sponsored migrants are in accordance with those stated by the sponsor in the certificates of sponsorship.
