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If you have made your application as required, at most three months before your entry date into the country; your case should normally be decided upon in three weeks after your application. To know how long it would take to obtain a leave to enter in your country, you can click here --> visa processing times.
It appears that a previous application was refused on the basis that the wrong salary was calculated. The SoC code 2421 Chartered and Certified Accountants' appropriate salary is £20,800 (new entrant) or £30,000 (experienced) is based on a 39-hour working week.
We would advise you that a new Certificate of Sponsorship is assigned to the Employee in question and a new Skilled worker application is submitted within 14 days of the refusal of the initial Skilled worker application - unless the Employee continues to have valid leave. In the Skilled worker application, it is fundamental to explain that the salary was miscalculated and that the appropriate salary is now correct. We can assist you in calculating the appropriate salary as well as drafting representations on your behalf to explain the misunderstanding as well as to set out the reasons why the application should now be submitted.
Our opinion is that so long as the salary has been calculated properly, using either the postal priority or super priority service would be suitable, as the issue raised in the refusal of the previous application is relatively straightforward and easily rectified.
Please do not hesitate to contact one of our immigration solicitors if you feel you need further representations or assistance.
Please find below a summary of the Skilled worker visa process.
The first step would be to identify the relevant Code for sponsorship. We attach a link to the relevant Codes
Please feel free to have a look at Tables 1 and 2 to see if there is a code that suits the vacancy.
The starting point for this vacancy would be that the company will need to advertise the vacancy on two platforms for at least 28 days. The general exemptions to this requirement are if-
1. The successful candidate is currently a Tier 4 student;
2. The vacancy is on the Shortage Occupation List.
Once we have established the Code and assuming any advertisement campaign has gone live, the company can begin preparing the documents relevant for the Sponsor Licence.
Certificate of Sponsorship
Once the Resident Labour Market Test (if one is required) has been completed, your sponsoring company will then need to assign a Certificate of Sponsorship (CoS) in your favour.
There are two different types of CoS and the main difference between the two types is when the company can make a request for the CoS-
1. Unrestricted CoS - this is generally applicable where the candidate is already in the UK and permitted to submit their Tier 2 application from within the UK. This CoS can be applied for at any time
2. Restricted CoS - this must be applied by the 5th of a month in order to know within the same month as whether the CoS has been granted. There is a restriction of around 1000-2000 per month but given the proposed salary on offer.
Skilled worker application
Once you have received your CoS, The successful candidate will be required to satisfy the requirements:
• have been assigned a valid Certificate of Sponsorship to do a skilled job in the UK which has passed the RLMT.
• have been offered a job which as the appropriate skill level of National Qualifications Framework (NQF) Level 6.
• will be paid the appropriate salary
• your evidence that you have the requisite funds to maintain yourself in the UK; your Employer will be able to certify your maintenance to satisfy this point.
• you have met the English language requirement.
A skilled worker application will take somewhere in the region of roughly 5 - 30 working days depending on whether the Priority Service is paid for.
In order to apply for an extension of a Skilled worker, you will need to show that your employee is continuing to be employed in a role which the Home Office accepts sponsorship for. This is known as the 'SoC' code. Once the relevant code has been identified, we can assess whether the employee's salary is sufficient to meet the requirements for an extension of leave. Once this has been established, an Unrestricted Certificate of Sponsorship will need to be applied for (unless the company already has an Unrestricted Certificate of Sponsorship which has not yet been assigned) and assigned to the employee in question. There is no need to carry out a Resident Labour Market Test if the Employee is currently being employed in the same SoC code. If the role is to be varied, then a new Resident Labour Market Test will need to be undertaken (unless the role falls within a Shortage Occupation role) before the Employee can take that new role.
Once this has been established, we will need to ensure that the employment has held £945 for 90 days and £630 for each dependant, unless the company is willing to certify maintenance on the employee's behalf. Certification of maintenance can be confirmed on the Certificate of Sponsorship, which will need to be assigned to the Employee.
In relation to the requirements for Indefinite Leave to Remain, the Employee's salary will need to be £36,900 or £37,900 (depending on whether the employee has reached 5 years as a Skilled worker holder before or after 6 April 2022) or the one on their SoC code, whichever one is higher.
The company will also need to confirm that the employee's continued employment is required for the foreseeable future. This will be confirmed by way of letter.
Finally, the employee will need to have sat and passed the Life in the UK examination.
Please feel free to contact our immigration solicitors if you would like to discuss any of the issues raised in this email in more detail.
"You are correct to observe that as a Skilled worker, you are entitled to work separate to your sponsoring employers. There are two basis in which you can do so.
The provisions relating to supplementary employment are regulated by the following provisions
1. That you are undertaking work as you are currently being sponsored as per your Certificate of Sponsorship.
2. That the work is for less than 20 hours a week.
3. The work is conducted outside your sponsored working hours.
In the event that you meet these requirements, you will not need a new Skilled worker to undertake such work.
Because you will be undertaking work in a different SoC code to which you are currently being sponsored for, you unfortunately will need to apply for another Tier 2 (General) visa to run concurrently with your current visa.
Other ways to potentially work in both roles would be to apply for a Tier 1 (Exceptional Talent) visa. An application for a Tier 1 (Exceptional Talent) visa has two stages
You will first need to obtain an endorsement from the designated competent body. These bodies are as follows-
Arts Council England - for arts, culture, fashion, architecture, film and television applications;
The British Academy - for humanities and social science applications;
The Royal Society - for natural sciences and medical science research applications;
The Royal Academy of Engineering - for engineering applications; and
Tech Nation - for digital technology applications.
Once you have received an endorsement, you can either submit an application with the endorsement letter and await for the Home Office to invite you to submit further documents (stage 2) or you can select to submit an application later with documents for both stage 1 and 2 in one go.
The documents the Home Office expect will vary on the industry you are in, but generally speaking they will assess your application whether you are an-
1. Exceptional Talent - that you are a leader of your field; or
2. Exceptional Promise - that you have the potential to be a leader of your field.
Please feel free to contact one of our Immigration Solicitors, who will be happy to discuss your options in more detail and advise you further.
Application under this category made from certain foreign country can be submitted online. Online application from outside the United Kingdom.
In order for an employee to be sponsored to take up a job, the sponsoring employer must make sure the job meets the skill level required as well as the salary requirement in accordance to the code of practice applicable. The employer is not permitted to grant a certificate of sponsorship (CoS) if the job do not meet the requirements.
This can be said to be an official listing of specified work types that do not have sufficient resident employees to take up the available positions. An employer who seeks to employ foreign workers outside the European Economic Area (EEA) to take up positions available on the shortage occupation list may do so without embarking on a resident labour market test.
An individual who enters the United Kingdom as a Tier 2 General Migrant in order to undertake a specialized job contained on the shortage occupation list will be awarded all the required points for the application except points for maintenance and English Language.
You are permitted to take up additional work as long as:
• You will still work in the same sector and level;
• Your work on the jobs does not exceed 20 hours weekly;
• Your working time in the job is outside that contained in the Certificate of Sponsorship (CoS) you were issued.
You are permitted to take up charity work but are not allowed to received payment for the job; payment for reasonable expenses is however permitted for charity work.
The Certificate of Sponsorship can be said to be a 'virtual document' that is given to a migrant by a licensed sponsor (employer). The Certificate of Sponsorship number is required to be provided by the person whilst making an application for authorization to take up a job in the United Kingdom under the Skilled worker category.
Unfortunately, if the Home Office are correct in the points raised in their reasons for refusal letter, our opinion is that a new Certificate of Sponsorship (CoS) is required. However, before doing so, a Resident Labour Market Test ('RLMT') needs to be completed. Unless the position is on the Shortage Occupation List, the Home Office are correct to insist that the Resident Labour Market Test (RLMT) be satisfied before requesting a Certificate of Sponsorship. Please check the Shortage Occupation List if you need to confirm whether the position is one which needs to be advertised for.
Assuming that the position is one which the RLMT applies, the starting point would be to advertise the position on two online platforms, one of which must be on Find a Job unless the proposed annual salary for the role is circa £80,000 per annum. The advertisements must run for 28 days, and screenshots with the full URL and date must be taken on the first and last day of the campaigns. The company will need to interview all candidates that appear suitable on paper and make notes as to which candidate was selected and why. Once the RLMT has been completed, the company can then submit a request for a Certificate of Sponsorship ('CoS'). Below is a brief summary of which CoS you will need:
1. Unrestricted CoS - this is generally applicable where the candidate is already in the UK and permitted to submit their Skilled worker application from within the UK. This CoS can be applied for at any time
2. Restricted CoS - this must be applied by the 5th of a month in order to know within the same month as whether the CoS has been granted. There is a restriction of around 1000-2000 per month but given the proposed salary on offer, I would expect the company's CoS to fall within the quota for the large majority of months.
Because your application was for entry clearance, it is likely that you will need a new Restricted CoS.
Once a CoS has been issued and assigned in your favour, you can then move onto the final stage and submit a new Skilled worker application. Alongside the CoS, you will need to show evidence of your maintenance (unless the company has confirmed that it certifies maintenance on your behalf) as well as evidence of your English Language.
In order to evidence maintenance, you will need to show you have held at least £945 for the 90 days leading up to your application, as well as £630 for each dependant that may be applying with you. The only exception to this is where an A-rated sponsor agrees to certify maintenance.
In order to evidence English Language, you will need to show one of the following-
1. You are a national of a majority of English-speaking country;
2. You have at least a degree obtained from the UK;
3. You have at least a degree (or the equivalent) taught in a majority of English-speaking country;
4. You have at least a degree (or the equivalent) taught in English and UK NARIC provides the certifications required to confirm; or
5. You sit the B1 General examination and score 4.0 in each of the 4 fields: speaking, listening, reading and writing. Assuming you meet these requirements with the correct supporting documents, there is no reason why the application should be refused. However, please feel free to contact us, where one of our Senior Associates can review the decision of the Entry Clearance Officer and advise you on the next steps.
"It is required that you make a score of 10 points for English Language. You are entitled to get points if you can evince that you are a citizen of an Anglophone (English-speaking) nation; or you have succeeded in an adequate English Language Examination authorized by the Home Office UKBA; or you have a degree that was lectured in English Language which is also equal to a bachelor's degree in the United Kingdom. You can automatically fulfil the requirements for English Language and earn points without requiring further proof if:
You were issued entry into the United Kingdom formerly in any of the following categories: Tier 1 (General) or Tier 1 (Entrepreneur), as a businessperson, a work permit holder, a representative of a foreign country's newspaper, news agency or broadcasting firm, an operational ground staff of a foreign owned airline, or a Jewish agency employee;
you were granted authority to stay under the Highly skilled migrant programme after the 7th of November 2006;
you seek for an extension of stay having previously been granted authority to reside under the Tier 2 category, and therefore proof that you fulfil the English Language requirement have already been given to the authorizing body.
You are making the application because you switched jobs and as such proof that you fulfil the requirements for skilled worker English Language have already been given to the authorizing body.
You were issued authority to reside previously as a minister of religion on or after the 23rd of August 2004; and you are making the application because you have switched jobs."
|The labour market test can be said to mean a procedure that an employer is mandated to follow before offering employment to an individual who is not residing full-time in the United Kingdom if they can evince that there is no suitable resident worker who can take up the job.
For the employee to employ you to take up a job that is not in the shortage occupation list, they will be required to provide proof that there is no resident worker, citizen in the UK or European Economic Area (EEA) suitable to take the job. The employer is expected to adhere to the resident labour market test before issuing a Certificate of Sponsorship to you. If you are a tier 1 PSW visa or Tier 4 Student visa holder intending to switch into the Tier 2 General category you will be excluded from the labor market test if you have a valid leave and fulfill the criteria to switch into the Skilled worker category.
This enquiry has been dealt with in a private email by one of our Tier 2 Sponsor license Immigration Solicitors in London.
We write further to your enquiry. In order to obtain a visa to specifically work in the UK, you will need to obtain a Tier 2 visa. There are two types of Tier 2 visas-
General - for those that have not worked in a branch abroad; or
Intra Company Transfer - for those that have worked for a branch abroad for 12 months or for those who have worked less than 12 months but is being offered a salary of at least £79,000 per annum.
If you have remained in the UK without leave for more than 14 days, the Home Office is unlikely to accept any application for Leave based on employment. The reason for this is that a requirement for either Tier 2 visa is that you must have valid leave that allows you to switch to the Tier 2 category. Currently, you are not in such a position. As a consequence, you will need to leave the United Kingdom in order to submit the application for a Tier 2 visa. However, in the event that you have over-stayed in the United Kingdom for more than 30 days, you will have a re-entry ban to the United Kingdom for at least 12 months (assuming you leave on a voluntary basis, at your own costs). This is a Mandatory Grounds of Refusal and it is extremely unlikely that any application submitted within those 12 months will be accepted.
We are sorry to hear that the company's application for the sponsorship licence has been refused. Considering that the application was refused on the basis that the Home Office was not satisfied that the company can offer genuine employment, a "cooling-off" period would have been applied. This means that the company may only submit a fresh application only after 6 months from the date of the decision. Your best option is to stay with your current sponsor or secure another employment with another company with a sponsor licence.
Thank you for your email enquiry.
Can you confirm what experience you have professionally and what your expertise is? If your vocation is included on a list that the Home Office called the Standard Occupation Codes or the Shortage Occupation List, you may be eligible to make a Tier 2 General visa application. There are a number of further requirements that you will need to satisfy, for example; English language, minimum salary band (depending on your age and job title) and funds you hold to support yourself.
You have suggested that there is a UK company that may be willing to offer you sponsorship. This may be suitable however, the role must be for a genuine vacancy, as this forms a part of the assessment criteria when a decision is being reached. In addition, the UK company will need to:
Advertise the job for 28 days to the UK Labour Market
Apply for a sponsorship Licence
Apply for you to get a restricted Certificate of Sponsorship
Apply for you to get a Tier 2 General visa
Although there is no legal requirement in the rules, I would advise against a company applying for a licence if they do not have physical office space. The Home Office typically want to see a designated space for migrants to work from, where Home Office inspections can also be conducted if they choose to visit.
The process takes in the region of 6 weeks for the sponsor licence approval and around 3 weeks for the visa to be approved, depending on the service we opted for at the time of making the application. With the initial licence, the Home Office may choose to visit your employer's office and conduct a compliance check. They will want to see that the employer is capable of sponsoring and understand the responsibility imposed on them once a licence has been issued.
The sponsorship process requires your employer to understand the expectation placed on them by the Home Office. I am happy to have a conversation with the HR of the company, at no cost to you, and offer insight on the process and check to see if your role is one that is sponsorable. If you would prefer to check for yourself, I recommend that you go to the Home Office website and review the SOC codes (Standard Occupation Codes). You will see a list and each list is labelled as Table 1 or Table 2. Please look only at these two tables, as they are skilled occupations that are acceptable for sponsorship under the Tier 2 General scheme.
If you have any questions when conducting your research or want me to speak with your prospective employer, feel free to contact us via email or telephone.
Is your husband on a Tier 2 General visa or Tier 2 ICT visa? If he has a Tier 2 General visa, he may be able to apply for an extension of this status if he can find another sponsor. First, the employer will need to advertise the job to the UK labour market and then he may be able to switch sponsors and have another Tier 2 General. If he has a Tier 2 ICT, he will not be able to switch as easily. With this category, he will need to be mindful of the cooling-off period, which prevents him from staying beyond the 6-year term. If he has had an ICT visa, this usually does not count towards indefinite leave to remain and so it will be important for us to speak so I can tell him if he needs to start the 5-year residence again or whether the time spent in the UK so far will count towards permanent stay. UK Work Permit
Hi there. I am a South African citizen currently in the UK on a Tier 2 ICT visa. I first arrived in the UK in September 2013 and last year extended my visa until September 2017. During this time I have since become engaged. My fiancee' is a UK citizen. We have booked a date with a registrar to be married in October 2017. I would like to find out how to go about changing my visa type, and whether I would need to try extending my current ICT visa until after the wedding that is within the 5 year limit of the Tier 2 ICT visa - so that I am not forced to leave before then. Tier 2 ICT
This enquiry has been responded to by our business immigration and sponsor licence lawyers.
We can assist you with a Tier 2 visa application. The approach would depend on whether you are currently in the UK and as such are applying from inside the UK or you are applying from outside the UK. If you are in the UK, you cannot be on a visit visa and apply for a Tier 2 visa inside the country, you may need to leave to the country to make an application. I assume that we may also need to re-advertise the job - this is called the Residence Labour market test. We would need to schedule a call to discuss this in detail.
This enquiry has been dealt with in a private email by one of our Tier 2 Sponsor license lawyers.
This enquiry has been dealt with in a private email by one of our Tier 2 Sponsor license immigration advisers.
UK Employer sponsor licence
UK Employer sponsor licence
Tier 2 Sponsor licence CoS
The enquiry has been responded to privately by one of our immigration solicitors
The enquiry has been responded to privately by one of our immigration solicitors
|CoS allocation is usually in line with what is on the contract. However, a CoS may be allocated for any period within 6 months and 5 years.|
|Yes, you can.
|A certificate of Sponsorship is a digital record. It is a Unique reference number that links a Tier 2 applicant to his employer and job role. It is issued by an employer to an employee specifically for immigration purposes.|
|No you must be issued a new Certificate of Sponsorship for your extension application
|Once issued, you must use your CoS within 3 months.
|Annual allocation is the amount of restricted Certificate of Sponsorship certificates that are granted or allocated to the UK sponsor based on what the employer has requested or their previous CoS / immigration history.|
|If you are applying from overseas earning less than GBP155,000 Certificate of Sponsorship
You will require to be issued a multiple entry certificate of sponsorship from your employer (sponsor) if the job you are undertaking requires you to leave and return to the United Kingdom frequently.
Yes. If you seek to change your sponsor within the same sector or switch to a new sector, you will be required to make an application again as well as fulfill all the requirements.
Switching to a new sponsor does not change your duration of stay in the United Kingdom; you will still stay for the duration of time as contained in your visa.
To qualify as a sportsperson you will be required to impact significantly to the growth and development of sports at the top level in the United Kingdom. In addition you will also require:
A Reference number of the Certificate of Sponsorship (CoS) A savings worth £945 to evince that you are capable to support yourself. You are required to have held this money in the bank for 90 days prior to your application.
If your sponsor is A-rated and have stated that your maintenance will be fend for while you will during the course of your stay not lay claim to benefits won't be required to have £945 in savings.
To qualify as a creative worker, you will be required to:
Significantly impact the labour market of the United Kingdom ï¿½ Reference number of the Certificate of Sponsorship Receive in payment as salary a minimum amount as set by Equity, BECTU or PACT (excluding musicians, models or circuses)
If your sponsor is A-rated and have stated that your maintenance will be fend for while you will during the course of your stay not lay claim to benefits won't be required to have £945 in savings.
You will be permitted to:
Study (to study some courses you will be required to have an Academic Technology Approval Scheme Certificate) Take up work as specified in your certificate of sponsorship. Take up another job in the same sector and level as the major job for a maximum of 20 hours weekly Take up work as contained in the shortage occupation list for a maximum of 20 hours weekly Take up work as a Sportsperson for the national team of your country as a broadcaster of sports if the reason for your entry is the sporting classification. Enter the United Kingdom with family members.
You will not be permitted to:
ï¿½ Have access to public fund ï¿½ Begin a business venture of your own
You may be granted entry into the United Kingdom for up to twelve months, or the time that is contained on your Certificate of Sponsorship including up to 28 days.
You are expected to begin your stay in no more than 14 days prior to the date contained on your certificate of sponsorship.
The amount you will pay is dependent on your circumstance, your location and your way or manner of application. If you are applying for yourself you will be required to pay:
if you are making your application from outside the United Kingdom you will pay £230, If you intend to extend or switch by submitting your application via post you will pay £230 If you intend to make an application for extension or switching via the premium service you will be required to pay £730
If you are a citizen of Turkey or Macedonia you will be required to pay:
if you are making your application from outside the United Kingdom you will pay £175 if you intend to extend or switch by submitting your application via post you will pay £175 if you intend to make an application for extension or switching via the premium service you will be required to pay £675
if you have any dependant children for whom you wish to make an application you will be required to pay:
ï¿½ if you are making the application from outside the United Kingdom you will pay £230 each ï¿½ if you intend to extend or switch by submitted your application via post you will pay £230 each ï¿½ if you intend to make an application for extension or switching via the premium service you will be required to pay £730 each
In addition to these payments you will be required to pay health surcharges together with your application.
You are permitted to make an application for the Tier 5 (Temporary Worker - Creative and Sporting) visa three months prior to the day you are to begin your job in the United Kingdom. The date will be contained in your Certificate of Sponsorship (CoS).
Your application would normally be decided upon in three weeks after your submission. However to be sure of how long it will take for you to get your decision in your country, you can check the guide processing times of the United Kingdom Immigration.
For you to be considered for entry as a Tier 5 (Temporary Worker - Creative and Sporting) you will be required to have a Certificate of Sponsor (CoS) from an authorized sponsor.
Any individual that takes up job in the creative industry like a musician, actor, dancer, film crew member.
You are eligible for the Tier 5 (Temporary Worker - Creative and Sporting) visa category if you: ï¿½ Have been offered employment as a sports person or creative worker? Are a citizen of a country not among the European Economic Area (EEA) and Switzerland Fulfill the other qualification criteria.
You are permitted to study in the United Kingdom if you are a Tier 5 (Charity Worker) Visa holder.
You are permitted to take up unpaid work while you are in the United Kingdom on a Tier 5 (Charity Worker) Visa.
You are authorised to make you application for Tier 5 Charity Worker in no sooner than three months to the date you will be travelling.
After you have submitted your application for the Tier 5 Charity Worker Visa from outside the United Kingdom, you are expected to your decision in three weeks. You can also refer to the Guide Processing Times if you seek information concerning processing time for applications from your country.
You will be required to provide:
An authentic travel document or passport
Evidence that you can support yourself financially whilst in the United Kingdom.
Tuberculosis (TB) test if you are from a country whose citizens are required to take it.
Certified translation of any document you have that is not in English Language or Welsh.
Additional information and documents as it relates to your circumstance.
A more comprehensive explanation can be gotten from the Home Office website
Some applicants will be required to do the Tuberculosis (TB) test because of their country of residence. So if you are making your application from a country that is among those whose applicants are required to do the test, you will do the test.
Your biometric data including your fingerprints are usually collected as part of the biometric information required for you to apply. In addition to your fingerprints your photograph will also be taken. Your biometric information will be collected at a Visa Application Centre.
It is advised that you always check how much you will be required to pay before making any application. In this case you are not required to make healthcare surcharge payments.
Fees set by the UKBA for the Tier 5 (Charity Worker) visa is done depending on your situation, the mode of application as well as your location. For more information on the fees that would be required for this visa category can be gotten from the UKBA website.
You may be permitted to enter the country for up to 3 years as a Tier 2 Sportsperson visa holder. On expiry of the Visa, you may make an application for an extended stay for which you may be granted an additional 3 years.
You are actually able to made any visa application by yourself. But we however recommend you seek professional advice before you attempt to do this.