Application for an Initial Grant to Leave (Switching) or an Extension of Leave under Tier 2 Main Applicant

Transcription

1 Isle of Man Immigration Office Application for an Initial Grant to Leave (Switching) or an Extension of Leave under Tier 2 Main Applicant Tier 2 Please complete in BLOCK CAPITALS and in black ink. In accordance with paragraph 34 of the Immigration Rules, this form is a specified form for the purpose of the Immigration Rules as of 1st April 2014 and must be used for all applications made on or after the date shown on this page for the purposes stated on this page. Leave to remain as a Tier 2 Migrant Where possible please print double sided to save paper and storage space The fee 1) Tier 2 (General), Tier 2 (Intra-Company Transfer-Long Term Staff), Tier 2 (Minister of Religion) or Tier 2 (Sportsperson) Migrants. For applications on this form there is a fee of ) Tier 2 (Intra-Company Transfer-Short Term Staff), Tier 2 (Graduate Trainee) or Tier 2 (Skills Transfer). For applications on this form there is a fee of 412. Nationals of countries that have ratified the 1961 Council of Europe Social Charter (CESC) pay a reduced fee of 520 in respect of applications under (1) above or 371 in respect of applications under (2) above. This reduction is currently applicable to main applicants nationals of Croatia, the Former Yugoslav Republic of Macedonia and Turkey only. Dependants Each dependant must complete a separate Points Based System (Dependant) form. Any dependant applications that are submitted at the same time as the main applicant s form will incur a fee of 434 per dependant unless it is for a child aged 18 years or over. Where the main applicant has applied under (2) above this fee will be 309. Dependants applications that are submitted at a later date and/or applications for dependant children aged 18 years or over will incur a charge and will not be considered without payment of the specified fee, currently 578. Form valid for use from 01 June 2014 Page 1

2 Fees notes Payment methods You must pay by one of the following methods: Cheque - made payable to Isle of Man Government Postal Order - made payable to Isle of Man Government Debit Card - (only in person applications at the Immigration Office) Cash - (only in person applications at the Immigration Office) Consideration process If the payment submitted does not cover the full cost of your application, it will be an invalid application and the form, together with any documentation submitted, will be returned to you. The fee charged is for the processing and consideration of the application. This fee will be payable once the application is received by the Isle of Man Immigration Office, regardless of the outcome of the application. We cannot begin the consideration process until the payment has cleared. We allow 5 working days for payments made by cheque to clear, debit cards and postal orders will clear immediately. Should the application be withdrawn at any time during the consideration process the fee will not be refunded, other than under circumstances set out on the website of the UK Border Agency ( which guidelines will be followed by the Isle of Man Immigration Office. This form should be completed fully and returned, together with the relevant supporting documentation* to: The Immigration Office Government Office Bucks Road Douglas Isle of Man IM1 3PU *please read the form carefully. You must supply original documentation where possible. Submission of documents that are fraudulent or not genuine or do not properly relate to you will lead to refusal of the application. Page 2

3 Application for an Initial Grant to Leave (Switching) or an Extension of Leave under Tier 2 Main Applicant T2 Section 1 Applicant s details Title (Mr, Mrs, Ms, Miss, other) First name(s) (as shown in passport) Last or family name(s) (as shown in passport) If you are known or have been known by any other name to those give above please give details below and provide evidence showing the name change. Photographs You must provide one passport size photograph of yourself with your full name on the back. Please place the photographs in a small sealed envelope and attach it to the front of the form with a staple or paper clip. Name known by Date from/to Evidence provided Please use another sheet of paper if more space is needed. Date of birth Gender (please tick) Male Female Place of birth: City/Town/Province/State Country Marital Status - please select from the following list: Married or Civil Partner Widowed or surviving Civil Partner Divorced or dissolved Civil Partnership Single Unmarried Partner Separated or Separation Order National Insurance Number (if known) Immigration Office Use Only Page 3

4 Section 1 Applicant s details (continued) Address in the Isle of Man Postcode address Date you started living at this address Telephone number Section 2 Home Previous addresses Mobile If you have lived at the address above for less than 2 years, please provide previous address details and the dates you lived there. Previous address 1 Postcode From Until Previous address 2 Postcode From Until Previous address 3 Postcode From Until Previous address 4 Postcode From Until If you have lived at more addresses in the last 2 years, please use another sheet of paper. Page 4

5 Section 3 Passport or travel document For the application to be valid and complete you must provide your original current passport or travel document. You should also provide all previous passports and/or travel documents that you have used to travel to, and remain in, the Isle of Man (or United Kingdom). If you have a current grant of leave on a Biometric Residence Permit this must also be provided for the application to be complete. 3.1 Current Passport/Travel Document. Number Nationality Enclosed Yes No If not enclosed, please state reason why: Lost Stolen Expired and retained by national authorities Other (Please give details) If the passport was stolen please give details including any police Station reference to show the theft or loss was reported. 3.2 Previous Passport/Travel Document 1. Number Nationality Enclosed Yes No If not enclosed, please state reason why: Lost Stolen Expired and retained by national authorities Other (Please give details) If the passport was stolen please give details including any police Station reference to show the theft or loss was reported. If further space is required, please photocopy this page. Page 5

6 Section 4 Immigration history It is mandatory to complete this section. If it is not completed the application will be invalid and will be returned to you. 4.1 What is your current immigration status? (You should indicate whether this status has been granted for the Isle of Man, the UK or the Channel Islands) 4.2 When does your current leave expire? 4.3 Have you ever done any of the following? Stayed in the Isle of Man (or United Kingdom or Channel Islands) beyond the end of your period of leave? Worked in the Isle of Man (or United Kingdom or Channel Islands) without immigration permission to do so (that is, contrary to your conditions of stay)? Yes Yes No No Illegally entered the Isle of Man (or United Kingdom or Channel Islands)? Yes No Used deception when seeking leave to enter or leave to remain? Yes No Been removed or deported from the Isle of Man (or United Kingdom or Channel Islands)? Yes No 4.4 If you have answered Yes to any of the above questions give details and dates when this happened. Page 6

7 Section 5 Personal history This section must be completed by all applicants. Information given may be checked with other agencies. 5.1 Have you had any Criminal Convictions in the Isle of Man, UK or other country (including traffic offences) or any civil judgements made against you? Yes No If Yes, you must give details below. Continue on another sheet if necessary. (see note below) A conviction which is treated as spent under the provision of the Island s Rehabilitation of Offenders Act 2001, need not be disclosed in answer to this question. If in doubt refer to question 5.2 First sentence Nature of offence Date sentenced Sentence given Country where sentenced Second sentence Nature of offence Date sentenced Sentence given Country where sentenced Third sentence Nature of offence Date sentenced Sentence given Country where sentenced Page 7

8 Section 5 Personal history (continued) 5.2 Rehabilitation of Offenders Have you read and understood the information below on the Rehabilitation of Offenders Act 2001? (You must answer Yes or No) Yes No The Rehabilitation of Offenders Act 2001 came into force on the 21 June 2001 and allows certain convicted persons who have not been reconvicted after certain lengths of time, to consider their convictions spent. The following paragraphs briefly summarise this legislation. The Act enables individuals (except those who are exempt by virtue of the Rehabilitation of Offenders Act 2001 (Exceptions) Order 2001), to refrain from disclosing details of convictions unless; it involved a custodial sentence for a term exceeding 30 months or for Life, or it was a sentence of detention during Her Majesty s Pleasure, in relation to young offenders. Otherwise, those convicted at the age of 17 years or over may consider as spent the following convictions after the following periods of time: (For those convicted under the age of 17 years, half the time of the rehabilitation) Sentence A sentence of custody for a term not exceeding 6 months. A sentence of custody for a term exceeding 6 months but not exceeding 12 months. A sentence of custody for a term exceeding 12 months but not exceeding 18 months. A sentence of custody for a term exceeding 18 months but not exceeding 30 months. A fine or any other sentence subject to rehabilitation under the Act, except a conditional discharge, a probation order, a curfew order, an attendance centre order, a reparation order, a Court bindover, a care order or a supervision order. An Absolute Discharge. Where the conviction imposed any disqualification, disability, prohibition or other time limited penalty. A Conditional Discharge. A Recognisance to Keep the Peace, or be of Good Behaviour. A Probation Order. A Curfew Order. An Attendance Centre Order. A Reparation Order. Hospital Order. Rehabilitation period 6 months 7 Years 8 Years 9 Years 10 Years 5 Years From the date of the conviction to the date it ceases to have effect. 1 Year from; the date of conviction, or a period beginning with that date and ending when the sentence ceases or ceased to have effect (whichever is the longer). 5 Years from the date of conviction or 2 years from the end of the hospital order (whichever is the longer). Note The above summary should not be regarded as a complete or authoritative statement of the; Rehabilitation of Offenders Act 2001, and Rehabilitation of Offenders Act 2001 (Exceptions) Order In case of doubt, individuals should seek their own advice. Page 8

9 Section 6 Dependant details Fill in the following details for any dependant(s) who are applying at the same time as the applicant. First name(s) Last name Date of birth (dd/mm/yyyy) Nationality/ Passport number Relationship to main applicant Please ensure a separate application form is completed for each dependant. Page 9

10 Section 7 Sponsorship Please fill in the following details A. SPONSOR CONTACT DETAILS A.1 Give the full name of the sponsor A.2 Give the full address of the sponsor Postcode A.3 Do you hold shares in the Isle of Man company or connected business? Yes No If you have answered Yes please give details below, including how many shares you hold. You cannot qualify under Tier 2, except if you are applying under Tier 2 (Intra-Company Transfer), if you have more than 10% shareholding. B. JOB DETAILS B.1 Certificate of sponsorship reference number B.2 Job title C. APPLICATION TYPE C.1 Tick the category under which you are applying. Tier 2 (General) Tier 2 (Intra-Company Transfer) extending leave under 3 years Tier 2 (Intra-Company Transfer) extending leave beyond 3 years Now go to Section 8. Tier 2 (Sportsperson), other applications Tier 2 (Minister of Religion), other applications D. ATTRIBUTES D.1 Certificate of Sponsorship Applying as a Tier 2 (Minister of Religion) or Tier 2 (Sportsperson) 50 points If you are applying under Tier 2 (Minister of religion), tick here to confirm that you have included an official letter from a senior representative of your sponsoring organisation. Now go to Section 9. Page 10

11 Section 8 Attributes Applicants should refer to Appendix A paragraphs 78 to 83D of the Immigration Rules and the Tier 2 of the Points Based System - Policy Guidance. A minimum of 50 points is needed from this section. A Tier 2 (General) and Tier 2 (Intra-Company Transfer) A.1 Certificate of Sponsorship Select whether you are claiming points for (please tick one box only): Making a Tier 2 (Intra-Company Transfer) application. 30 points - go to question A.2 Job offer with a salary of 150,000 or more. 30 points - go to Section 9 A job that was on the UKBA/Isle of Man DED list of shortage occupations at the time the Certificate of Sponsorship was assigned. 30 points - go to Section 9 Completion of a Resident Labour Market test by the sponsor. 30 points - go to question A.5 Has Leave in Tier 2 or as an Overseas Labour Scheme Work Permit Holder and making an application doing the same job for the same sponsor. Switching from Tier 1 (Post-Study Work) and working for the sponsor for at least 6 months prior to the application. Switching from Tier 4 (General) and have obtained a Degree, PGCE, PGDE or have completed at least 12 months study towards a PhD. 30 points - go to question A.5 30 points - go to question A.2 30 points - go to question A.5 A.2 Select what supporting evidence you have sent as proof of working for the full specified period (6 months if switching from a post-study category, 12 months if this is an Intra-Company Transfer: Established Staff application, 3 months if this is an Intra-Company Transfer: Graduate Trainee application) Either: Payslips covering the full specified period from the applicant s sponsor or Personal bank statements showing payments made to the applicant covering the full specified period from the applicant s sponsor. or Building Society pass book showing payments made to the applicant covering the full specified period from the applicant s sponsor. If one of the following applies to you, you must complete questions A.3 and A.4 over page: You are making a Tier 2 (General) application and you have been absent from work on maternity, paternity or adoption leave during the last 6 months. (We will accept evidence that you have been working for any 6 months within the last 18 month period.); or You are applying to switch from a post-study category and you have been absent from work on maternity, paternity or adoption leave during the last 6 months. (We will accept evidence that you have been working for any 6 months within the last 18 month period.); or You are making an Intra-Company Transfer: Established Staff application and you have been absent from work on maternity, paternity or adoption leave during the last 12 months. (We will accept evidence that you have been working for any 12 months within the last 24 month period.) Page 11

12 Section 8 Attributes (continued) A.3 Please give the start and end dates of the period of maternity, paternity or adoption leave that you wish to be taken into consideration. (If you are still absent from the workplace due to this, the end date should be left blank.) Start date End date A.4 Please tick the relevant boxes below to confirm the documents being sent with the application as evidence of this period of maternity, paternity or adoption leave from the workplace. Child s birth certificate or certificate of adoption, as appropriate (this should be provided wherever one has been issued). Letter from your sponsor confirming dates of maternity, paternity or adoption leave. Payslips or other payment/remittance advices covering the period of maternity, paternity or adoption leave, including details of any statutory maternity/paternity/ adoption payments. Other alternative evidence of maternity, paternity or adoption leave. If the other alternative evidence box has been ticked, please provide a full explanation of why the specified documents cannot be provided, and details of the alternative documentation being supplied. (Use another sheet of paper if more space is required). A.5 Appropriate Salary Intra-Company Transfer: Long Term Staff 40,600 and above. Intra-Company Transfer: Short Term Staff, Graduate Trainee or Skills Transfer 24,300 and above. General 20,300 and above. You have or last had entry clearance, leave to enter or leave to remain as a: Tier 2 Migrant under Rules in place before 1 March 2012; Minister of Religion, Missionary or Member of a Religious Order; Overseas Labour Scheme Work Permit Holder. Under 20,300 and the above does not apply. 20 points 20 points 20 points 20 points 0 points A.6 How much will you earn a year? (Before tax or any other deductions and including allowances where appropriate.) Go to Section 9. Page 12

13 Section 9 Maintenance and English language A. MAINTENANCE (Funds) You must have a minimum level of funds, and score 10 points, or the application will be refused. You should refer to Appendix C paragraph 4 and 5 of the Immigration Rules and the Tier 2 of the Points Based System - Policy Guidance. Please tick one box below to indicate under which area of the maintenance requirement you are applying: Access to 945 available funds to support yourself. Go to question A.1 Maintenance certified by A-rated sponsor. Go to question A.2 Switching from Tier 1 (Post-Study Work) or Fresh Talent Working in Scotland Scheme or International Graduates Scheme (formerly known as the Science and Engineering Graduate Scheme) and working for the sponsor for at least 6 months prior to the application. You currently have entry clearance, leave to enter or leave to remain as a: Tier 2 Migrant; Minister of Religion, Missionary or Member of a Religious Order; Work Permit Holder. Go to question A.4 Go to question A.3 ACCESS TO 945 AVAILABLE FUNDS A.1 Select what supporting evidence you have sent in order to prove you have access to 945 available funds. Building society pass book covering a consecutive 90 day period ending no more than one calendar month before the date of application. Personal bank or building society statements covering a consecutive 90 day period ending no more than one calendar month before the date of application. Letter from a financial institution regulated by the Financial Services Commission or by the appropriate home regulator, confirming funds and covering a consecutive 90 day period ending no more than one calendar month before the date of application. Letter from a bank or building society confirming funds and that they have been in the bank for at least a consecutive 90 day period ending no more than one calendar month before the date of application. Go to question A.3 MAINTENANCE CERTIFIED BY THE SPONSOR A.2 Tick to confirm the following: The A-rated sponsor has confirmed on the Certificate of Sponsorship, that where necessary it will maintain and accommodate you during your first month in the Isle of Man. Go to question A.3 A.3 Tick to confirm the following: You have claimed 10 points for your level of funds. Go to Part B Page 13

14 Section 9 Maintenance and English language (continued) B. ENGLISH LANGUAGE For Tier 2 (Intra-Company Transfer) - go to Section 10. You must have an intermediate standard of English language (level B1 on the Council of Europe s Common European framework for Language Learning), and score 10 points or the application will be refused. If you are currently in the Isle of Man as a Tier 2 Migrant, and have met the English language requirement in an earlier application, or are applying under the transitional arrangements you can claim 10 points for English language. Before filling in this section of the form, you should refer to the Immigration Rules and the Tier 2 (General) of the Points Based System - Policy Guidance. Select how you would like to claim points for English language. National of a majority English speaking country. Go to question B.1 English Language Test. Go to question B.3 Degree taught in English. Go to question B.7 Evidence is not needed. Go to question B.11 NATIONAL OF A MAJORITY ENGLISH SPEAKING COUNTRY B.1 If you are a national of one of the following countries listed below you can claim 10 points. Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; The United States of America. Give your nationality B.2 Select which supporting evidence has been sent. Current passport or travel document. Go to question B.12 If you have confirmed at question B.2 that they have not been able to provide their current passport or travel document, you should provide one of the following documents: Current national identity document. Original letter from your home government or embassy confirming your nationality. Go to question B.12 Page 14

15 Section 9 Maintenance and English language (continued) ENGLISH LANGUAGE TEST B.3 If you have been awarded an approved English language test they can claim 10 points. Please provide details below of the test taken and tick to indicate that the original test certificate has been provided. If you have not yet sat the test then please go to question B.6 Awarding body Title of qualification Level of qualification Date of award Award reference number B.4 Have you obtained the results of the above test to the level needed and been awarded a certificate? Yes you can claim 10 points No Go to question B.6 B.5 You must send the original test certificate. Tick to confirm that you have sent: Original test certificate Now go to question B.12 B.6 You should send the original test certificate with this application. If the certificate cannot be provided give the reason. Please note: If you have not yet sat the test you must send the English language test certificate within 5 working days of receiving the results. Go to question B.12 Page 15

16 Section 9 Maintenance and English language (continued) DEGREE TAUGHT IN ENGLISH B.7 You can claim 10 points for English language where: You hold a degree that was taught in English that is deemed by UK NARIC to be equivalent to at least a United Kingdom Bachelors degree; and Your qualification can be found on the points based calculator. Give details of your degree: Country of award State (if applicable) Institution Qualification Year of award Duration of study start end Field of study Grade B.8 Select how you verified your degree was taught in English. The points based calculator shows the degree was taught in English. Go to question B.10 The points based calculator shows the qualification is equivalent to a United Kingdom degree but does not show the qualification was taught in English. This option cannot be ticked if you are applying under Tier 2 (Minister of Religion). The points based calculator does not show the qualification is equivalent to a United Kingdom degree but a UK NARIC letter and/or certificate is enclosed. This option cannot be ticked if you are applying under Tier 2 (Minister of Religion). Go to question B.9 Go to question B.9 B.9 Tick to confirm that you have included a letter from your University confirming that the degree was taught in English. University letter included B.10 Select what supporting evidence has been sent to confirm your degree: Original certificate of award Original academic reference alone Original academic reference form awarding body and original academic transcript Page 16

17 Section 9 Maintenance and English language (continued) EVIDENCE PREVIOUSLY SUBMITTED/CONSIDERED TO AUTOMATICALLY MEET B.11 Select to confirm why you do not need to send evidence that you have met the English language requirement for this application. You currently have leave as a Tier 1 (General), Tier 1 (Entrepreneur), or were granted leave under Highly Skilled Migrant Programme after 7 November 2006; or You currently have leave as a Tier 2 and have sent evidence of meeting the English language requirement in an earlier application; or You currently have leave given on or after 23 August 2004 as a Minister of Religion, under old rules; or You currently have entry clearance, leave to enter or leave to remain as a: Tier 2 Migrant; Minister of Religion, Missionary or Member of a Religious Order; Work Permit Holder. B.12 Tick to confirm that you have claimed 10 points for English language. 10 points claimed Now go to Section 10. Section 10 Public Funds It is mandatory to complete this section. If it is not completed the application will be invalid and will be returned to the applicant Are you receiving any public funds? Yes No If you have answered Yes you must tick the boxes to show which public funds are being received. Please note that, under Immigration Rules, public funds include: Housing & Homelessness Assistance Severe Disablement Allowance Disability Living Allowance Working Tax Credit Council Tax Benefit Income Based Job Seekers State Pension Credit Attendance Allowance Carers Allowance Income Support Social Fund Payment Child Benefit Housing Benefit Child Tax Credit Page 17

18 Section 11 Declaration Applicant Declaration It is mandatory to complete this section. If it is not completed the application will be invalid and will be returned to the applicant. You must sign below to show that you have read and understood the following declaration. It must be authorised by you, the applicant and not by a representative or other person acting on his/her behalf. If the applicant is under 18, his/her parent or guardian may sign. The information I have given in this application is complete and is true to the best of my knowledge. The photographs I have submitted with this application are a true likeness of myself and have my name on the back of each. If there is a material change in my circumstances or any new information relevant to my application becomes available before it is decided, I will inform the Isle of Man Immigration Office. I agree to co-operate the Isle of Man Immigration officials, or any other officials charge by the Lieutenant Governor, with conducting pre-issue and post-issue checks on compliance with points based system applications. I agree to the Isle of Man Immigration Office updating my representative on the progress of my application including whether the application has been granted or refused. I understand that if I knowingly submit any document or documents which are forged, fraudulent or not genuine, and the Lieutenant Governor has sought to verify the documents using processes specified by him, and has been unable to verify conclusively that you are genuine, the application will be refused. I understand that if the Isle of Man Immigration Office has reasonable cause to believe that any document or documents I have submitted with this application are forged, fraudulent or not genuine, and the Isle of Man Immigration Office has sought to verify the documents using processes specified by it but has not been able to verify them, no points will be awarded for these documents even if the Isle of Man Immigration Office cannot prove that they are not genuine. I am aware that the rules and regulations governing points based system applications may change in the future and do not assume that the requirements covering any future applications will be the same. I understand that my details may, in certain circumstances, be passed to fraud prevention agencies to prevent fraud and money laundering. I also understand that such agencies may provide the Isle of Man Immigration Office with information about me. I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002, to make, to a person acting in execution of any of these Acts, a statement or representation which I know to be false or do not believe to be true, or to obtain or seek to obtain leave to remain in the Isle of Man by means which include deception. Information I provide to the Isle of Man Immigration Office will be treated in confidence but it may be disclosed to other law enforcement agencies, government departments, agencies, local authorities, foreign governments and other bodies for immigration or research purposes or to enable them to perform their functions. The Isle of Man Immigration Office may request from other law enforcement agencies, government departments or agencies, local authorities, the police, foreign governments and other bodies for immigration or research purposes to enable them to perform their functions. The Isle of Man Immigration Office may use the information I provide for training and research purposes. Name (please print) Signature Date Page 18

19 Section 12 Summary Sheet Fill in this part of the form to help us make sure that we have received your documents and to keep a record of them while they are with us. At A, tell us how many of each of the listed documents you have sent with this application. This is a standard list, you should only send in the documents from this list that are required for your application. At B, list any other documents and state how many in each case. Continue on a separate sheet if necessary. A. Type of document How many? B. Listed items How many? Passports, Identity Card for Foreign Nationals and/or travel documents. Passports should have two clear pages back to back. Police registration certificate. Marriage or civil partnership certificate. Birth certificate. Driving licence. Fill in summary sheet below listing the points you have claimed and the supporting evidence (documents) sent. You must send the required evidence as specified in this application form and the Tier 2 of the Points Based System - Policy Guidance. Failure to submit required evidence is likely to lead to refusal of the application. Points Scoring Area Possession of a Certificate of Sponsorship (Section 8 - question A.1) To be paid the appropriate salary (Section 8 - question A.5) Maintenance (Funds) (Section 9 - part A) English language requirement (Section 9 - part B) Total Points claimed Documents provided (please list) Finally, please ensure your application is submitted/addressed correctly as follows: Isle of Man Immigration Office Government Office Bucks Road Douglas Isle of Man IM1 3PN Page 19

20 Introduction This document provides information to help applicants to complete the Tier 2 application form. Tier 2 - Application Form Help Text Applicants who are required to register with the Police must also include their Police Registration Certificate with their application. T2 For further information on Tier 2 of the points based system policy, please see the relevant paragraphs of the Immigration Rules and the Tier 2 policy guidance notes. These documents are available on the Isle of Man Government website. Who should apply using this form? This application form should only be completed by individuals who are already in the Isle of Man. Applicants should use the application form if they are: Currently in the Isle of Man and wish to make an initial application under Tier 2; Currently in the Isle of Man as a main applicant under Tier 2 seeking a change of employment or to extend their leave for a further period within their existing category; or, Currently in the Isle of Man under the work permit arrangements, and seeking an extension under Tier 2. This application form should not be used by dependants of main applicants. A separate application form titled Points Based System - Dependants Application Form is available for this purpose and can be found on the Isle of Man Immigration Office. Please note: Turkish nationals who have accrued employment rights under Decision 1/80 of the Turkey ECAA Association Council do not require sponsorship. More information on Decision 1/80 rights is available in Immigration Directorate Instructions Chapter 5 Section 10 on the UKBA website: Submitting a valid application The applicant will only be considered to have submitted a valid application if the following has been complied with: the correct application form must be completed and submitted; the correct application fee must be paid; the applicant s current passport, Identity Card for Foreign Nationals (ICFN), if applicable, or travel document must be provided, unless it is not available for one of the reasons specified on the application form; the mandatory sections in the application form must be completed; one passport size photograph of the applicant with his/ her full name written on the back must be supplied. one passport size photograph of any dependants who are applying with the applicant with their full name written on the back must be supplied. Claiming Points When completing the application form, an applicant must clearly indicate the number of points he/she is claiming within each points scoring area, and detail how he/she meets the criteria for the award of these points. We will only award points for the sections where the applicant has indicated that he/she wishes to claim them, and where the required supporting evidence has been supplied. Supporting evidence It is the applicant s responsibility to provide the evidence to support any statements made in his/her application. The applicant must satisfy us that the requirements for the category under which he/she has applied have been met. We must be satisfied, by considering the evidence provided that the applicant meets the necessary criteria. Applicants must ensure that all of the necessary supporting documentation is provided at the time the application is submitted. Only those documents specified in the application form and set out in detail in the Tier 2 Policy Guidance will be considered acceptable for the purposes of establishing that an applicant qualifies for the points claimed in any scoring area. The applicant must be selective in submitting evidence, as sending large amounts of irrelevant or poor quality documentation may delay the consideration of the application. It is only necessary to submit evidence that is directly appropriate to the application as requested, as unrelated evidence cannot be considered for points scoring. Any documentary evidence that the applicant provides should be original (unless otherwise stated). Where a document is not in English, the original must be accompanied by a fully certified translation by a professional translator. This translation must include details of the translator s credentials and confirmation that it is an accurate translation of the original document. It must also be dated and include the original signature of the translator. Application types Applicants should complete different sections of the Tier 2 application form depending on the type of application they are submitting. Continued over page. Page 20

21 Question-specific help text Further advice on specific questions in the application form is detailed below. Section 1 The applicant should provide full details of his/her name and title. If he/she has previously been known by any other name(s) he/she should provide full details of each name, the date of each change and submit the relevant supporting legal documentation. Evidence of name change(s) should show the applicant s full name before and after the change and may include: deed poll documents or marriage certificates; and, both the old passport and the new passport. Should the applicant submit documentation in support of his/her application that refers to him/her under a name(s) not given in this section, we will not consider that documentation. The applicant should indicate his/her gender. If the applicant has been the subject of Gender Reassignment and the application contains documents relating to the previous identities, the applicant should provide a relevant Gender Recognition Certificate (GRC). The only exception to this is where the applicant has previously submitted his/her GRC with an earlier application. In such cases the applicant will therefore not be required to resubmit it. An applicant should tick the gender as indicated on his/her GRC. The applicant should indicate his/her marital status. This status may be: Married - a person legally married in or outside the Isle of Man; Civil Partner - a person in a same sex relationship and who has gone through a legal ceremony in the United Kingdom under or by virtue of the Civil Partnership Act 2004, or in the country of his/her residence; Unmarried Partner - a person in a heterosexual or same sex relationship, which has been subsisting for 2 years or more but is not married or in a civil partnership; Widow - a person whose spouse has passed away and has not re-married or is not currently in an unmarried relationship that has subsisted for more than 2 years; Single - a person who is unmarried and not in a relationship that has subsisted for 2 or more years; Separated - a person legally married in or outside the Isle of Man but no longer living with his/her married partner; Divorced - a person married in or outside the Isle of Man whose marriage has been legally dissolved; Dissolved - a person who has been in a civil partnership which has been legally dissolved; Separation Order - a separated person who remains in law, the civil partner of the other person. Nation Insurance Numbers are usually in the format of 2 letters followed by 6 numbers followed by 1 letter (e.g. AA A) or 2 numbers followed by 1 letter followed by 5 numbers (e.g. 12 A 34567). Where an applicant does not have a National Insurance number in this format this question should be left blank. Section 3 The applicant should specify under which nationality he/ she entered the Isle of Man. He/she should also provide details of any additional nationalities they currently hold or have previously held. The applicant must provide details of all passports or travel documents, current or expired, that he/she used to enter or remain in the United Kingdom, including: passport number; issue date; expiry date; and, place of issue. Where the applicant needs more space than is available he/she should photocopy the relevant page of the application form, add in additional details and submit with his/her application. Where the applicant holds, or has held, other nationalities he/she should provide the relevant passport or travel document for each nationality held and provide the above details. Please note for the application to be valid and complete the applicant s current passport, travel document or ICFN must be provided unless it is not available for one of the reasons specified on the application form. They should be original documents and not copies. In certain circumstances certified photocopies will be accepted where the applicant does not have the original at the time. The applicant must provide details as to its location and state when they will provide it. The applicant must then ensure that the original document is submitted as soon as they can. If the passport has been lost or stolen a Police Crime Report Number/Report must be provided along with details of the Police Station the loss was reported to and the date that it was reported. If the applicant s current grant of leave was issued on an identity card (ICFN) he/she must also provide the ICFN in order for the application to be valid, unless it is not available for one of the reasons specified on the application form. Section 7 Applicants should provide details of any shares in the organisation for which they are going to work in the Isle of Man, or the organisation that is sponsoring them. Where the applicant holds shares they must indicate how many. Continued over page. Page 21

22 An applicant will not normally qualify under Tier 2 (General) of the points based system if he/she has a significant shareholding in the Isle of Man based company for whom he/she intends to work, or in a connected business. An application may qualify under Tier 2 (General) of the points based system if his/her shareholding represents a very small proportion of the shares issued; no more than 10%. The applicant is required to have been issued with a certificate of sponsorship reference number from his/her sponsor before he/she can apply for entry clearance or leave to remain. The applicant must provide his/her full certificate of sponsorship reference number. Any application submitted without a valid certificate of sponsorship reference number will be refused. The applicant must check with his/her sponsor if he/she does not have this number as we will not be able to provide them with it. The applicant should provide the title of the job for which he/she is applying for leave. This should be the job title provided by his/her sponsor when assigning the Certificate of Sponsorship. The applicant must state what his/her prospective salary including allowances for the coming year will be. He/she will normally have been provided with this information by his/her sponsor. Section 8 Transitional Arrangements for Applicants under Tier 2 This should be completed by applicants who are currently in the Isle of Man under the work permit arrangements and are seeking an extension of their leave under transitional arrangements. An appropriate sub-degree level qualification means: a) 1 or more passes at GCE A level; b) a qualification obtained in the UK that is deemed by the appropriate qualifications framework in the part of the UK in which it was obtained (as set out in United Kingdom Border Agency guidance) to be equivalent to, or higher than (a) but below degree level; or, c) a qualification obtained outside the Isle of Man or UK, where the applicant provides the specified evidence to show that it is equivalent to, or higher than (a) but below degree level. Where an applicant has obtained a confirmation certificate or letter from UK NARIC (for academic qualifications) or from the relevant United Kingdom Professional Body (for professional/vocational qualifications), he/she should indicate this on the form and enclose the certificate with their application. Where the applicant is extending his/her current leave in Tier 2 and he/she wishes to use the same qualifications to claim points, he/she does not need to resubmit evidence of the qualification. Section 9 Applicants under Tier 2 (General), Tier 2 (Intra-Company Transfer)* or Tier 2 (Sportsperson) are required to speak English to a certain level. This is closest to level A1 of the Council of Europe scale. *Application under Tier 2 (Intra-Company Transfer) are only required to have this level of English if they are applying to stay beyond 3 years. Applicants under Tier 2 (Minister of Religion) must have a level of English language equivalent to level B2 on the Council of Europe scale. Such an applicant will not need to complete the Attributes section of the application form. They will need to include their valid CoS reference number with their application. Applicants submitting an application in respect of a change of employment will have to ensure a Resident Labour Market test has been completed by the sponsor. Applicants switching from Tier 1 (Post-Study Work) or Fresh Talent Working in Scotland Scheme or International Graduate Scheme (formerly known as the Science and Engineering Graduate Scheme) must be sponsored to do the same job as the applicant is doing at the time of the application. Section 9 The applicant should tick one box to indicate the level of his/her qualifications as assessed by UK NARIC, or (where applicable) by the relevant United Kingdom Professional Body. Where an applicant has checked their qualification directly with UK NARIC, we will still assess the qualification independently. Page 22