Top 5 Tier 2 Visa application tips
If you have been offered a job in the United Kingdom and are looking to apply for a Tier 2 Visa, there are few questions you may need to answer to ensure that you meet the requirements for a UK work visa.
- Is the Job you are offered a sponsorable one?
It is important to note that not all jobs in the UK are 'sponsorable'. A sponsorable role refers to a job that can allow you to be sponsored on a Tier 2 work visa on. The UKVI have defined sponsorable roles as jobs at NQF level 6 or higher on the Codes of Practice for Skilled Workers. Not only must the job be a skilled one, it must also be above level 6 unless an exception applies. Some exceptions include-
- You relied on a job which appeared on the shortage occupation list at the time of your grant of leave and you have not since been granted leave to remain, entry clearance or leave to enter in any other route; and you are applying for the same job for either the same or different sponsor but same role.
- You were granted Leave as a Tier 2 (General) under the Rules in place before 6 April 2011.
- Does your salary meet the minimum requirement for a Tier 2 visa?
The salary you are offered is a key determinant of whether or not you can be sponsored in a role for a Tier 2 Visa. The UKVI has set a minimum salary requirement for sponsorable roles in the UK. Due to the UK not having a 'near miss' or de minimis' rule in immigration law, even a salary slightly under the minimum salary requirement will almost certainly result in a refusal. It is therefore important for you to go through the list to check the minimum salary for the job you have been offered. From a practical point of view, we find that higher salary have a positive relationship with visa approvals. There is also a key different in salary for a new entrant or experienced applicant' In general the key determining factor is a person's age. Once you have reached 26 you will be deemed as an experienced worker. However, if you are applying for a role in which Leave will be granted for over 3 years and 1 months.
- Is the vacancy a genuine one or was it created just for you?
The test of whether or not a vacancy is genuine can be assessed from the facts and circumstance of the applicant and the application. The UKVI have maintained that not only must a vacancy be genuine, UK residents must have been given the chance to apply for the job (where there are no exceptions). This is referred to as the Resident Labour Market Test (RLMT). In order to check that the vacancy is genuine, the following must have been in place (note that the below list is not all inclusive): -
- The job advert must have been posted for at least 28 days
- If candidates have applied for the job, there must be an objective process in which candidates are invited for an interview. The interviews must have taken place and records of interviews (such as interview notes) must evidence the reasons why any particular candidate was not selected for the role. We'd normally advice our client to prepare a score matrix to objectively screen all applications.
- The applicant should also apply for the job - We have seen situations where the Tier 2 applicant never applied for the job when the job was advertised. This may suggest to the Home Office that the Tier 2 applicant, had been chosen outside of and irrespective of the RLMT and consequently that the vacancy was not genuine.
The RLMT will not apply if the job you have been offered is on a shortage occupation list or you are switching from a Tier 4 student visa. There has to be some form of match between your CV, job description, advert and the job description on the SOC code. Please note that this match must not be word for word, otherwise you raise issues of genuine vacancy. If you have to copy the job description from the Home Office Codes of Practice for skilled workers, it calls into question if that vacancy actually exist in your company.
- Who will prepare the application?
The person that will be preparing the application is the single most important factor in determining the success or failure of your Tier 2 visa application. Are you looking to make the application yourself or is your employer preparing the application for you. Knowledge and experience play an important role here. Whether it is yourself or your employer, you can speak to our team of immigration lawyers concerning your Tier 2 application. Like most time sensitive application, the Tier 2 visa and sponsor licence application, the outcome of the first application will determine when, what, where and if at all you will be making a next application. Sadly, there is no right of appeal if your application is refused. At Reiss Edwards, we have an expert team of business immigration lawyers wither over 30 combined years in Tier 2 visa applications and sponsor licence applications. Be rest assured you are in safe hands if you choose to instruct us. Reach us today if you need our assistance by calling us on 020 3744 2797 or email us on firstname.lastname@example.org.
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