Declaration of improvements to the UK immigration regulations, reportedly brought out recently, duly states that the profession ‘cyber-security specialist’ will be made a part of the official skills shortage list from November 19, this year.

But, regardless of the addition of the line-of-work and some additional IT associated professions to the list, it allegedly appears that numerous firms will not fulfill the “qualifying company” conditions, to get Tier 2 Permits under the latest plan.

The constant dearth of cyber security skills experts in the nation is expected to persist. For several organizations–powerless to cater to the “qualifying company” conditions–the sole choice is to go through the Resident Labour Market Test (RLMT), to prove that there is a famine of persons capable to do the job.

In the wake of proposals from the concerned body, namely, the Migration Advisory Committee (MAC), the UK immigration makes a decision on the shortage occupation list. It is not necessary for the recruiters/firms–providing a job responsibility that’s on the shortage occupation list–to publicize job-openings, which is a key condition of the RLMT. But, in this case one also requires being a “qualifying company”, and this may not be very easy.

Normally, it is essential for recruiters/firms to submit an application under the RLMT that requires those who are providing a job in the Tier 2 or Tier 5 permit classes–that’s not on the shortage occupation list–to publicize an opening for 28 days, to illustrate that an appropriate employee could not be discovered to fill a post.

Still, it is compulsory that firms “jump through hoops” to emerge as a “qualifying company” to make use of persons under the Tier 2 Permit Plan.

Qualifying company scheme makes it rather easier for some organizations to get Tier 2 Permits in the digital technology segment in the occupations senior developer, product manager, cyber security specialist, and data scientist. In case the business emerges as a ‘qualifying company’, the same would make them free from having to publicize for 28 days to engage manpower from non-EU nations. Still, it allegedly appears that it will not be easy for countless organization to cater to the conditions, to emerge as a qualifying firm.

With a view to meet the requirements for an advertising waiver, it is mandatory that firms fulfill some requirements. To begin with, they must obtain a Tier 2 Sponsorship Licence to enlist non-EU labor force having a Tier 2 Permit. Two, if a firm hires less than 20 workers, it has to proffer a letter from UKTI backing the petition, lest the firm has to make use of anywhere from 20 to 250 persons.

It is compulsory that these requirements are fulfilled, prior to a certificate of sponsorship (CoS) is given that would permit them to enlist from outside of the EU. In addition, in case applicable, to be a qualifying firm, rights of that firm by a bigger group, which has one or more businesses in the nation and more than 250 workers in one of the businesses, cannot surpass 25%.

For example, if a start-up enterprise gets an angel investment from a global IT firm, it would fail to meet the requirements for the advertising waiver in case the investor makes use of more than 250 persons in one company in Britain.

It is mandatory that the firm has not been formed in the nation for the object of offering services solely to a single firm or firm group in the country. It cannot have over 10 aliens offering their services for it under the Tier 2 General Permit Plan, under the “Qualifying Company” Programme.

Additional Conditions for Tier 2 Permit Qualifying Company

Under the eligibility for the advertising waiver a recruiter or job provider has to get hold of and keep hold of references of migrant manpower for the past five years as proof that they possess the required abilities & experience to do a job as a cyber-security expert. As per some industry observers, this obligation is preposterous, particularly when majority of the references just mention dates of service, for official objects. Several recruiters may have problems fulfilling the said obligation.