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 TIER 2 GENERAL
UK IMMIGRATION VISA

TIER 2 GENERAL UK IMMIGRATION VISA

The Tier 2 General UK Immigration Visa route is for individuals coming to the UK with a skilled job. This is only applicable if the role cannot be fulfilled by a resident worker. Unless the role on offer appears on the UK’s shortage occupation list, an employer will need to complete the Resident Labour Market Test, this involves advertising the role in line with UKVI’s guidelines and requirements for 28 days. 
 
Employers will also need to have a sponsor licence in place before they can sponsor migrant workers under Tier 2 of the UK’s points based system.

Overview

 
We will assess the role against the Standard Occupational Codes and will advise if it is a shortage occupation or if the RLMT must be completed.  
 
If you do not meet this salary requirement, you may not qualify to apply for Indefinite Leave to Remain (ILR) and could be subjected to the cooling-off period, which would result in having to wait for 12 months before being able to reapply as a Tier 2 migrant.
 
If the employer does not already have a sponsor licence they will need to apply for one before a migrant worker can be sponsored under Tier 2 General. More info on the sponsor licence application process can be found here {link to SL page}
 
Eligibility

You can apply for a Tier 2 General UK Immigration Visa if:
 

  • you have a skilled job offer and a Certificate of Sponsorship from a licensed UK sponsor

  • you score at least 70 points under the criteria for Tier 2 General UK immigration Visa.

    • 30 points awarded for having a valid certificate of sponsorship

    • 20 points are awarded for being paid at or above the appropriate rate

    • 10 point are awarded for meeting the English language requirement

    • 10 points are awarded for meeting the maintenance requirement.

  • you fulfill the English Language Requirement (met by having a degree that was taught in English, passing an approved English Language Test or you are from a majority English speaking country)

  • You may also qualify if you are coming to the UK to fill a position on the Shortage Occupation List.

  • You are able to meet the maintenance requirement for you and any dependants applying with you. Your sponsor may certify the maintenance in the COS on your behalf also.

 
Extension

 

Depending on when you were issued with your Tier 2 General UK Immigration Visa, you may be eligible for an extension.
 
To make an application for a Tier 2 General UK Immigration Visa extension you must:
 

  • Make your application from within the UK

  • Have a new certificate of sponsorship from your employer and the certificate must confirm that an extension is sought for the same job for the same sponsor/employer.

 
Provided that you make your extension application prior to your visa expiry date, you can continue to work for your employer while your extension application is pending.
 
Extension applications under Tier 2 General will be granted in line with the certificate of sponsorship issued to the sponsored worker. Extensions can be for any period up to 5 years that will bring the period of sponsorship up to the maximum of the permitted 6 years.  For example, if the initial period of sponsorship was for 4 years, the extension can be for 1 year followed by another 1 year extension or a single extension of 2 years can be applied for.
 
Changes of employment


Under the Tier 2 General visa you will bound to the sponsoring employer. If you wish to change employer the new employer will need to complete the resident labour market test (unless you are a high earner or the role is a shortage occupation) and issue you with a new certificate of sponsorship. You will then need to submit a change of employment application and will be issued with a new Tier 2 General visa on approval of the change of employment application. You cannot start working for your new employer until your application has been approved.

 

Indefinite Leave to Remain
 
For Tier 2 General migrants who obtained a visa from April 2012, the maximum period of time you can stay is 6 years. Tier 2 General migrants will become eligible to apply for Indefinite Leave to Remain on completing 5 years continuous residence in the UK under this route providing all the other eligibility criteria can also be met. 

 

Indefinite leave to remain applications may be submitted up to 28 days prior to completing the required 5-year period.  
 
Please note applicants will now need to meet a minimum salary threshold of  £35,800  in order to qualify for ILR as a Tier 2 migrant.
 
If you do not meet this salary requirement, you might not qualify to apply for Indefinite Leave to Remain (ILR) and could be subjected to
the cooling-off period, which would result in you having to wait for 12 months before being able to reapply as a Tier 2 migrant.
 
Switching to Tier 2 General UK Immigration Visa
 
It is possible to switch from within the UK to Tier 2 (General), Tier 2 (Sportsperson) and Tier 2 (Minister of Religion) if you have, or had leave as: a Tier 1 migrant, a Tier 2 migrant (although there are restrictions on which Tier 2 (Intra Company Transfer) migrants may switch), Tier 5 (Temporary Worker) in the Creative and Sports category where the migrant is a professional footballer switching into Tier 2 (Sportsperson), Dependant partner of Tier 4 student, and Representative of an Overseas Business.       
 
It is also possible to switch to the Tier 2 (General) if you are a recent graduate with a Bachelor, Master, Ph.D., PGCE or PGDE from a UK recognised or listed body and currently hold a Tier 4 (General) visa obtained in regards to those studies.
 
Spouses and Dependants

As a Tier 2 General Visa holder you can also apply for your spouse, civil partner, unmarried partner and dependent children to join you in the UK. Dependents will be granted the same period of leave as the main applicant and be able to work without restriction. Points Based System Dependants may remain in the UK only as long as the Tier 2 migrant does. Points Based System Dependants will become eligible for settlement on completing 5 years in the UK as a PBS dependant but only if the Tier 2 Migrant is eligible and they are applying at the same time or if the Tier 2 migrant has already been granted ILR. They will also need to satisfy all the other ILR eligibility criteria.
 
Work Restrictions
 
Working in the UK must relate directly to the work of your employer as on your Certificate of Sponsorship, Tier 2 migrants and their dependents are prohibited from using public funds.

Get in Touch and let us take the stress out of obtaining a Tier 2 General UK Immigration Visa.

Regulation Number: F202000133

Clearview Immigration (UK)
New Market House,

Market Street, 

Newbury, Berkshire,

RG14 5DP
England

Tel: 01635 282682

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