UK Tier 2 Visa

Tier 2

Tier 2

Tier 2

Tier 2

Tier 2

Tier 2

Refusal of a Tier 2

Wrong CoS

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 an Certificate of Sponsorship. Please find a link to the Shortage Occupation List if you need to confirm whether or not the position is one which needs to be advertised for-

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list

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 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 or not 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 Tier 2 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 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 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.

We would be happy to discuss your enquiry in more detail. Please feel free to contact us where one of our Senior Associates can advise you specifically. However, before contacting us, we provide you with a general overview of the Tier 2 process as a Tier 4 Student.

Generally speaking, any Tier 2 Sponsor will need to satisfy the Home Office that they have tried to find a British or EEA national or someone present and settled in the UK to fill the vacancy but were unable to. This is known as the Resident Labour Market Test (RLMT). However, one of the concession to this requirement is where the sponsor is looking to employ a student such as yourself. In these instances, the RLMT does not need to be complied with.

Another importance concession that you will be deemed as a New Entrant so long as your period of sponsorship will be 3 years and 4 months or less. Essentially, the appropriate (or minimum salary) will be £20,800 or the salary stipulated on the relevant SoC code - whichever one is higher. An Experienced worker (which is generally speaking anyone over the age of 26 and is not a student) will be subjected to an appropriate salary of £30,000 or the one on the SoC code.

Now that we have addressed the specific differences that a Tier 4 student enjoys, we now provide an overview of the Tier 2 process.

The first step would be to identify the relevant Code for sponsorship. We attach a link to the relevant Codes-

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-j-codes-of-practice-for-skilled-work

Please feel free to have a look at Tables 1 and 2 to see if there is a Code that you may qualify under.

Certificate of Sponsorship ('CoS')

Assuming that the sponsoring company has a Sponsor Licence, the company will then need to apply and/or assign a CoS. 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 or not 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 you are a Tier 4 Student, the company would be looking to apply and/or assign an Unrestricted CoS.

Tier 2 application

Upon being issued with the CoS, you can then submit your Tier 2 application.

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 for the job you will be undertaking which is not less than £20,800 per annum.
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.

Our fees depend on the nature of your case. Please feel free to contact us where one of our Senior Associates can take further instructions from you and thereafter give you a better idea as to our costs.

However, in the meantime we provide an overview of the Tier 2 visa requirement for your information.

You will need to be issued with a Certificate of Sponsorship (CoS) before you can submit a Tier 2 application. Only a Tier 2 Sponsor can issue a CoS. You can find who is currently registered as a Tier 2 sponsor using the following link-

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/846931/2019-11-18-Tier-2-5-Register-of-Sponsors.pdf

However, if a company is not on the list, they can nonetheless apply for a Tier 2 Sponsor Licence.

Assuming they have been issued with a Sponsor Licence, they will then need to undertake the steps in order to be issued with a Certificate of Sponsorship which will form the basis of your Tier 2 application. Unless you are a student or are being offered a position on the Shortage Occupation List or offered an annual salary of £159,600 per annum, your sponsor Tier 2 sponsor will need to pass the Resident Labour Market Test (RLMT). This Test is designed to ensure that a company has tried to find someone British, European or holds settled status in the UK to take the position but were unable to. This will be shown through an online advertisement process with the company keeping notes as to who applied and why you (assuming this is the case) was the best candidate for the position.

Assuming that you were the best candidate, they will then need to apply for a Certificate of Sponsorship. How they do this will depend on whether or not your immigration status in the UK � or lack of. Generally, speaking-

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 or not 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.

As part of this application, the Home Office will ask what SoC code you seek to rely on. The SoC code is important as it determines two key details-

1. Is the role one which sponsorship is accepted for; and

2. What is the appropriate (or minimum) salary that must be offered. Unless you are a student, generally speaking those over the age of 26 will be deemed as 'Experienced' as oppose to "New Entrant".

Once the CoS has been issued and assigned in your favour, you can then submit your Tier 2 visa. In addition to the CoS, you will need to evidence maintenance (unless your sponsoring company is willing to certify maintenance on your behalf). In evidencing maintenance, you will need to show you have held at lest £945 for 90 days as well as an additional £630 for any and each dependant applying with you. Further you will need to show evidence of your English Language which can be through one of the following methods-

1. You are a national of a majority 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 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. Please contact us so that one of our Senior Associates can discuss any specific questions you have as well as to confirm our fees.

Unfortunately, in regards to arranging a biometric appointment with the Home Office's third party Sopra Steria, things are subject to availability. However, there are now more locations and we would suggest that you look at other locations to see if there is availability elsewhere.

We, as like with any other legal representatives have access to the same system as yourself and therefore we would not be able to have access to appointments. The system as managed by Sopra Steria and has a three tiered 'status level'

Core Centres � these are free to use centres

Enhanced � there is an additional fee in order to attend these centres

Premium Lounge � generally speaking there will be less people and you have more 'comfort'whilst you wait for your appointment

However, the status of the centres does not provide extra appointments. Many immediate appointments are blocked behind a paywall where you will have to pay an extra fee in order to have access to those appointments. Given your sister-in-law's need to start work as soon as possible, she may need to take advantage of the paid appointments (if available) in order to ensure she starts work on 3 April. We would also strongly advise that she uses the Super Priority service (where a decision is made the following business day) in order to give her the best chance to commence employment on the start date on her CoS. Please further note, that it can take anywhere between 3-10 working days for the BRP to be delivered after receiving a decision.However, in the worse case scenario, if your sister-in-law is simply unable to book any appointments and start employment on 3 April, we would suggest that her sponsoring company accesses the Sponsor Management System (SMS) and issues a Sponsor Note against your sister-in-law's CoS and explain that she cannot start work as stipulated on her CoS and provide a new employment start date. This is because a Tier 2 Sponsor has a duty to report a sponsored employee if they do not report to work on the date set out in the CoS. By issuing a Sponsor Note, there will be no breach of their duties and obligations.

This enquiry has been dealt with in a private email by one of our immigration lawyers

This enquiry has been dealt with in a private email by one of our immigration lawyers

This enquiry has been dealt with in a private email by one of our tier 2 visa lawyers

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This enquiry has been dealt with in a private email by one of our UK work visa lawyers

I'm currently on a tier 5 visa and considering switching to a tier 2 uk visa (general). I'm planning to apply for a part time 26hrs/week (35000 salary) and locum for the other 2 days. I know i'm unable to open a limited company or be a sole trader in the UK but is there anything stopping me from opening an isle of man company (as it isn't the UK) to locum through for my 20 hrs /week secondary work?
This enquiry has been dealt with in a private email by one of our tier 2 visa lawyers

This enquiry has been dealt with in a private email by one of our Tier 2 solicitors

This enquiry has been dealt with in a private email by one of our immigration solicitors

This enquiry has been dealt with in a private email by one of our immigration solicitors

This enquiry has been dealt with privately by one of our immigration solicitors

This enquiry has been dealt with privately by one of our immigration solicitors

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

The enquiry has been responded to privately by one of our immigration solicitors

This visa category is for non-EEA nationals who have received job offers to take up professional positions that cannot be filled by workers in the UK.

The labour market test can be said to mean a procedure which 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 jobr.
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 with 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 labour market test if you have a valid leave and fulfill the criteria to switch into the Tier 2 General category.

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 fulfill the requirements for English Language and earn points without requiring further proof if:
You were issued entry into the United Kingdom formerly in any 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 fulfill 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 fulfill the requirements for Tier 2 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 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 job in the United Kingdom under the Tier 2 General category.

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.

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 position. An employee 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, he/she will be awarded all the required points for the application except points for maintenance and English Language

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.

If your application for a Tier 2 visa application is refused, your next line of action may depend on the reasons for refusal. However your options include administrative review, make a fresh application or judicial review. Note that with an admin review you cannot give a new evidence. Please contact or immigration advisers if you are not sure about what direction you should take.

Application under this category made from certain foreign country can be submitted online. Online application from outside the United Kingdom should be done on this website: http://www.visa4uk.fco.gov.uk/ApplyNow.aspx

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Tier 2 visa

Same day service

Tier 2 visa

Tier 2 visa

Work visa application

You are correct to observe that as a Tier 2 (General) holder, 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 of your sponsored working hours.

In the event that you meet these requirements, you will not need a new Tier 2 (General) visa to undertaken 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 applying for a Tier 1 (Exceptional Talent) visa. An application for a Tier 1 (Exceptional Talent) visa has two stages-

Stage 1

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.
Stage 2
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 elect 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 as to 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 Senior Associates who will be happy to discuss your options in more detail and advise you further.

In order to apply for an extension of a Tier 2 (General) visa, 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 or not 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, than 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 or not the Employee has reached 5 years as a Tier 2 (General) visa 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 us if you would like to discuss any of the issues raised in this email in more detail.

Please find below a summary of the Tier 2 visa process.

Vacancy

The first step would be to identify the relevant Code for sponsorship. We attach a link to the relevant Codes-

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-j-codes-of-practice-for-skilled-work

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 or not the CoS has been granted. There is a restriction of around 1000-2000 per month but given the proposed salary on offer.

Tier 2 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 Tier 2 application will take somewhere in the region of roughly 5 - 30 working days depending on whether or not the Priority Service is paid for.

In order to apply for an extension of a Tier 2 (General) visa, 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 or not 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, than 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 or not the Employee has reached 5 years as a Tier 2 (General) visa 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.

Your Dependants will be able to apply to accompany you to the UK or join you at a later stage and so long as you continue to meet the requirements, they should also continue to have the right to remain in the UK.

We right further to your enquiry.

It appears that a previous application was refused on the basis that the wrong appropriate 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 Tier 2 application is submitted within 14 days of the refusal of the initial Tier 2 application - unless the Employee continues to have valid Leave. In the Tier 2 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 us if you feel you need further representations or assistance.

We write further to your enquiry.

The starting point for this vacancy would be to idenitfy the relevant code. We believe that the code 2419 Legal professionals not elsewhere classified would be the best code to sponsor any successful candidate on. However, we provide a link to the Codes below-

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-j-codes-of-practice-for-skilled-work

Please review Tables 1 and 2 only to see if there is a better code that suits the vacancy.

Once a code is confirmed, the strating point 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.

Certificate of Sponsorship

Once the Resident Labour Market Test (if one is required) has been completed, you will then need to assign a Certificate of Sponsorship (CoS) in the canddiate's 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 or not the CoS has been granted. There is a restriction of around 1000-2000 per month but given the proposed salary on offer.

Tier 2 application

Once you have assigned the 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 Tier 2 application will take somewhere in the region of roughly 5 - 30 working days depending on whether or not the Priority Service is paid for.

We would be happy to arrange a consultation to discuss these requirements further and advise you accordingly.

We write further to your enquiry.

The starting point for this vacancy would be to idenitfy the relevant code. We provide a link to the Codes below-

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-j-codes-of-practice-for-skilled-work

Please review Tables 1 and 2 only to see if there is a better code that suits the vacancy. Alternatively, please feel free to send us the Job Description and we can help identify a Code on your behalf.

Once a code is confirmed, the strating point 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.

Certificate of Sponsorship

Once the Resident Labour Market Test (if one is required) has been completed, you will then need to assign a Certificate of Sponsorship (CoS) in the canddiate's 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 or not the CoS has been granted. There is a restriction of around 1000-2000 per month but given the proposed salary on offer.

Tier 2 application

Once you have assigned the 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 Tier 2 application will take somewhere in the region of roughly 5 - 30 working days depending on whether or not the Priority Service is paid for.

We would be happy to arrange a consultation to discuss these requirements further and advise you accordingly.

The Resident Labour Market Test (RLMT) is essentially an advertisement campaign. The campaign will need to be live for at least 28 days and be posted on Find a Job (unless the salary is circa £80,000 or higher) as well as one other online portal.

The Home Office's requirements on the RLMT also dictates that the advert specifies the salary on offer, the opening and closing dates for the adverts. It is also best practice to identify the relevant SoC code before the advert goes 'live'. We provide a link to the Codes below-

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-j-codes-of-practice-for-skilled-work

Please review Tables 1 and 2 only to see if there is a better code that suits the vacancy. Alternatively, please feel free to send us the Job Description and we can help identify a Code on your behalf. The Codes will not only ensure that the vacancy is one that can be sposnored, it will also dictate the relevant minimum salary that must be paid. Once we have idenitfied the code, we can advise you on the minimum salary. However as a broad idea, the salary will be as follows-

New Entrant - where the candidate is under the age of 26 or is currently a Tier 4 (General) student

Experienced - where the candidate is over the age of 26 or is being sponsored for more than 3 years and 4 months

Screenshots with specific information such as the full URL of the advert on the date it was posted and the day it was closed will also be required.

By the end of the 28 days, the company will then finish interviewing all relevant candidates and should keep all notes taken in order to explain who was selected and why they were the best candidate for the position. Although these notes are not strictly required for the Certificate of Sponsorship ('CoS') application, it is common for the Home Office to ask to see the selection process before making a decision on the CoS application. This is for the Home Office to ensure the there is a 'genuine vacancy' and that the position was not one which was tailored to a specific person in mind.

Please feel free to contact us for further advice or assistance in the Resident Labour Market Test or in the CoS or Tier 2 application.

Yes, leave whilst on section 3c of the Immigration Act 1971 does not as lawful residence in the UK.

Generally speaking in order to be successful for Indefinite Leave to Remain under the 10 years Long Residence application, you will firstly need to demonstrate 10 years' lawful residence'. This includes time spent on section 3c. any breaks in visas for 14 days or less (or 28 days before November 2016) will be disregarded and therefore will not break continuous residence. Further you will need to establish continuous residence. This means your absences must be under 540 days in the 10 years relied on (absent exceptional circumstances) and no one absence of 180 days or more (again absent exceptional circumstances).

There must not be reasons why your application should be refused such as criminal convictions (whether previous or pending), cautions or warnings or any immigration breaches whilst in the UK.

You will need to provide evidence to meet the English Language requirement. This requirement can be met in one of the following ways-

1. Passing the B1 Life Skills examination with Trinity College

2. Obtaining a degree or higher from the UK;

3. Being a national of a majority English peaking country

4. Obtaining the equivalent of a degree or higher from a majority English speaking country (as certified by UK NARIC)

5. Obtaining the equivalent of a degree or higher in a course that was taught in English (as certified by UK NARIC)

You will also need to provide evidence that you have passed the Life in the UK examination.

We would be happy to discuss your specific circumstances in more detail and advise you further. If you require assistance, please do not hesitate to contact me.

In order to qualify for Indefinite Leave to Remain as a Tier 2 (General) visa holder, you must demonstrate that you are currently receiving a salary of £35,800 or the appropriate salary on your SoC code - whichever is higher. Your sponsor must also provide a letter to confirm that your employment is required for the foreseeable future.

You will need to meet the English Language requirement. You should have passed this in your initial Tier 2 application, but generally speaking you will provide evidence of one of the following-

1. Passing the B1 Life Skills examination with Trinity College

2. Obtaining a degree or higher from the UK;

3. Being a national of a majority English peaking country

4. Obtaining the equivalent of a degree or higher from a majority English speaking country (as certified by UK NARIC)

5. Obtaining the equivalent of a degree or higher in a course that was taught in English (as certified by UK NARIC)

You will also need to provide evidence that you have passed the Life in the UK examination.

We will be able to assist you in advising and preparing your application. We will also complete the online application form and prepare written representations on your behalf. Please feel free to contact us to arrange a free consultation so that we can advise you further.

We write further to your enquiry.

In order to qualify for a PBS Dependant visa (that is being a dependant of a Tier 2 visa holder) you will first need to establish that you are either married or have lived together with your partner for at least 2 years. In order to marry in the UK (if this is something you are currently considering) you will need to contact your Registry Office to deposit your notice of intention to marry. Because both yourself and your partner are subject to immigration control, there will be a referral to the Home Office who will then decide whether or not they want to investigate your relationship to determine whether or not the proposed marriage is one of convenience. If no investigation is made by the Home Office than you will be free to marry 28 days after. This period will be extended to 70 days in the event that the Home Office do wish to conduct an investigation - of which will normally be a request for further documents and/or an interview.

Assuming you are married or have lived together for 2 years you then have the option to submit a PBS Dependant application. You will need to show that you have held £630 for 90 days unless your partner's sponsoring company has or is willing to certify maintenance on your behalf. If the sponsoring company has already certified maintenance, this would have been confirmed in your partner's Certificate of Sponsorship. However, if this has not been confirmed but the company has since changed its mind, the company can provide a letter to confirm that it is now willing to certify maintenance on your behalf.

Depending on your circumstances, it does appear this can be achieved by 17 September 2019. Please feel free to contact us so that we can take further instructions from you in order to advise you further as well as to confirm what needs to be done in order to meet this timeframe.

In respects to your visa expiring and booking an appointment to submit your biometric information, the relevant date of application is the date you submit and pay for your online application - your appointment can be after the date your visa expires. Consequently, the most time sensitive matter is ensuring you submit and pay for the application.

In doing so, when your visa expires, section 3c of the Immigration Act 1971 essentially extends your visa day by day until a decision is made in your application. You will also keep your rights and entitlements during this period. This will therefore allow you to continue to work for your sponsoring company. Once you submit your application you will be given a case ID number. Please provide this to your sponsor so that they can carry out a right to work check. Upon carrying out a right to work check, they will be given amber permission. This means that you do have the right to work but your sponsor will need to re-do the right to work check within 6 months unless your visa has been issued - something which we would expect long before the 6 months have passed.

Please feel free to contact us if you have any further questions or if you require legal representations.

From the immigration history that you have outlined, there seems to be a clear option for you.
Now, you refer to your most recent immigration status as a "relative"of an EU member. If you were married to this EU national, and are currently taking steps to initiate a divorce, following the breakdown of a marriage, as the soon-to-be ex-partner of an EEA national, you may be eligible for Retained Rights of Residence. There are requirements that you must meet to qualify that our team can discuss with you.

From the immigration history that you have outlined, there seems to be a clear option for you.

Whilst you are in the UK on Tier 2 General visa, there are rules as to your working activities outside of your sponsored role. The Home Office guidance is relatively silent on this area - however, the little guidance they provide states as follows, applicants would be allowed to take supplementary employment that must meet the following criteria: is outside of their normal working hours; is no more than 20 hours per week; is within the same profession at the same professional level as the work for which the certificate of sponsorship was issued. In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.

What is not allowed?

Tier 2 (General) workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining further permission from the Home Office. They are also not allowed to hold more than 10% shares in the company they are working for. Please note that this restriction is not on those workers who are working for a Partnership / Sole Proprietor business.

From the information above, there is very little we can add to advise. If you want to understand more about this, please contact the Home Office directly.

Under the old immigration rules, an Au Pair application was made under a specific category that applied to nationals of particular countries.

The Au Pair scheme came to an end in late 2008 and a new Tier 5 Youth Mobility Scheme had been introduced. For those who had a valid leave under the old immigration rules were allowed to remain in the UK for the entirety.

If you need more information regarding either of these two visa types, do not hesitate to get in touch with our team to discuss further.

Most, if not all, jobs to the level of RQF level 6 (roles which can be sponsored) will require a Bachelor's degree to confirm the applicant's English fluency.

Once you have obtained your degree, you will be able to speak with your employer about obtaining sponsorship.

Should you wish to discuss this further, we can arrange for your level 1 user to speak with their representative within our team.

There is a particular process that you will need to follow to be lawfully employed by a UK company as a foreign skilled migrant.

Currently, you will need to apply online for the job and proceed through the application stages amongst other applicants including UK/EU nationals who must be considered for the job first if they have the relevant skillset.

Our team can follow up with you to navigate you through the process.

If the employer has previously been noted to have incorrectly advertised the position, we will need to ensure that the advertising for this role has been done correctly.

Please get in touch with our team to discuss further

Sure.

Now, with respect to the process, we are able to liaise with yourself and your potential employer so that we are completely compliant.

We also offer regulatory and compliance services to ensure that the immigration rules are continually adhered to throughout the employment of the foreign skilled migrant.

Our team of business immigration specialists are on hand to discuss your current situation and the potential next steps that would need to be taken in order to proceed with the application itself.

Sure. We are able to assist you with the process of completing a Tier 2 General visa application.

We are able to act with your employer so that the CoS can be assigned and we are able to assess, prepare and submit the Tier 2 General application.

The start date for the CoS will indicate the day that you should essentially start your job. If those two dates do not match, then there needs to be a good reason as to why.

Our team are business immigration specialists and we are able to assist you with your enquiry.

Not only do we assist in obtaining the sponsor licence and hiring the foreign skilled migrant, we also have a regulatory and compliance service which will allow you to consult our team at your convenience.

Thank you for your enquiry.

When Croatia joined the EU in 2013, they were subject to restrictions. During this time, Croatian nationals needed to apply for permission to obtain a card to confirm their right to reside and work in the UK. We are pleased to advise that these restrictions ended on 30 June 2018. You therefore do not need to obtain permission to work.

With Brexit on the horizon, we would recommend that once you are residing in the UK, you apply for Pre-Settled Status, which is under the new rules created by the government for EU nationals once the UK leaves the EU.

You can read more about this here - https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means.

Thank you for your enquiry.

When Croatia joined the EU in 2013, they were subject to restrictions. During this time, Croatian nationals needed to apply for permission to obtain a card to confirm their right to reside and work in the UK. We are pleased to advise that these restrictions ended on 30 June 2018. You therefore do not need to obtain permission to work.

With Brexit on the horizon, we would recommend that once you are residing in the UK, you apply for Pre-Settled Status, which is under the new rules created by the government for EU nationals once the UK leaves the EU.

You can read more about this here - https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means.

Thank you for your enquiry.

You may be able to apply to remain in the UK as the partner of a British citizen under Appendix FM of the Immigration Rules. In order to show that you are a partner, you will need to provide evidence that you have been living together in a relationship akin to marriage for two years or more. Evidence should ideally be from official third party sources. Examples of this will include tenancy agreements, utility bills, bank statements and payslips. The burden of proving that you satisfy this is upon you. If you are able to provide this evidence, the Home Office will accept you are an unmarried partner.

In order to satisfy the specific Rules, you will need to show that you satisfy the other requirements for this specific immigration status.

These in a nutshell are as follows:

Suitability requirement (that you do not have criminal convictions, cautions, civil judgements or other conduct or associations that make it undesirable for you to remain in the UK);
Genuine and subsisting relationship;
Financial requirement;
Adequate accommodation.
We recommend that you seek our legal advice in order to confirm whether you will satisfy the Rules.

Thank you for your enquiry.

If you partner wishes to work in the UK, she will need to find a company that will be willing to sponsor her as a Tier 2 migrant. The employing company will need to have a Tier 2 Sponsor Licence which is issued to companies that apply for them. In order to be sponsored, the employment she wishes to undertake must be one that can be sponsored. Generally, it needs to be a skilled (usually graduate) role that is on a list of approved roles published by the Home Office.

There are potentially other options available besides the Tier 2 visa option. We will be happy to discuss this further.

Thank you for your enquiry.

As an EEA national, as it stands you are still free to enter and exit the UK freely under EU free movement rights. In addition, as you were resident in the UK between 2001 and 2014, if you were exercising treaty rights (e.g. working, self-employed, self-sufficient or a student) for a continuous period of five years or more, you will have automatically become a permanent resident (meaning you are settled) in the UK under the EEA Regulations. If you have not been away from the UK for more than two years without returning, you may therefore still be considered to be settled here in the UK. If this is the case, you can apply for Settled Status under the Post-Brexit rules brought in by the government.

You can read more about Settled Status here - https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means.

We recommend that you seek our legal advice in order to confirm whether the above is relevant to your circumstances.

Thank you for your enquiry.

An EEA residence card and permanent EEA residence card are both issued under the Immigration (European Economic Area) Regulations 2006. The difference between the two is that an EEA residence card is generally issued for a limited period (usually five years) whilst a permanent residence card is issued once someone has completed the limited period (usually after they have completed the limited period of five years). Generally, in order to obtain a permanent EEA residence card, you will need to show that the EEA national has exercised their treaty rights (for example working, self-employed, self-sufficient or a student) for a continuous period of five years. If the EEA national has not been in the UK for continuously exercising treaty rights for at least five years or there has been a break of more than six months without a good reason, they will not be eligible for a permanent EEA residence card.

With Brexit on the horizon, we recommend that you apply for Settled Status under the government's Post-Brexit rules. To obtain Settled status, the EEA national will need to show that they have been in the UK for at least five years or more. If this is the case, then they will be granted Settled Status, meaning that they are no longer subject to time restrictions on their visa.

Our advice is based on the law as it currently stands. We recommend seeking up to date and tailored legal advice if you intend to make any applications

Thank you for your enquiry.

An EEA residence card and permanent EEA residence card are both issued under the Immigration (European Economic Area) Regulations 2006. The difference between the two is that an EEA residence card is generally issued for a limited period (usually five years) whilst a permanent residence card is issued once someone has completed the limited period (usually after they have completed the limited period of five years). Generally, in order to obtain a permanent EEA residence card, you will need to show that the EEA national has exercised their treaty rights (for example working, self-employed, self-sufficient or a student) for a continuous period of five years. If the EEA national has not been in the UK for continuously exercising treaty rights for at least five years or there has been a break of more than six months without a good reason, they will not be eligible for a permanent EEA residence card.

With Brexit on the horizon, we recommend that you apply for Settled Status under the government's Post-Brexit rules. To obtain Settled status, the EEA national will need to show that they have been in the UK for at least five years or more. If this is the case, then they will be granted Settled Status, meaning that they are no longer subject to time restrictions on their visa.

Our advice is based on the law as it currently stands. We recommend seeking up to date and tailored legal advice if you intend to make any applications.

Thank you for your enquiry.

As you obtained Indefinite Leave to Remain ('ILR') under Tier 2 of Immigration Rules and your wife was granted Leave To Remain (LTR') on the basis of being a Tier 2 Dependent, she will be able to continue on her five year route to ILR as a Tier 2 Dependent. The time she has completed so far will continue towards the five years needed for ILR. This will continue to be the case even if you were to become a British citizen.

Our advice is based on the law as it currently stands. We recommend seeking up to date and tailored legal advice if you intend to make any applications.

With regard to supplementary employment, the Home Office's guidance states that prior permission is not required as long as it is the following:

in either a job which is included on the Shortage Occupation List in Appendix K of the Immigration Rules, or a job in the same profession, and at the same professional level, as the work for which your Certificate of Sponsorship was assigned; and
no more than 20 hours per week; and
outside of the normal working hours for which your Certificate of Sponsorship was assigned.
In addition, you must continue to work for your sponsor in the job recorded on your Certificate of Sponsorship. If any prospective additional work does not satisfy all of the above, you will need to obtain permission from the Home Office to undertake the work.

Our advice is based on the law as it currently stands. We recommend seeking up to date and tailored legal advice if you intend to make any applications.

Thank you for enquiry.

PLEASE USE ANDY'S ANSWERS FROM HIS FAQ's.

Thank you for your enquiry.

With regard to supplementary employment, the Home Office's guidance states that prior permission is not required as long as it is the following:

in either a job which is included on the Shortage Occupation List in Appendix K of the Immigration Rules, or a job in the same profession, and at the same professional level, as the work for which your Certificate of Sponsorship was assigned; and
no more than 20 hours per week; and
outside of the normal working hours for which your Certificate of Sponsorship was assigned.
In addition, you must continue to work for your sponsor in the job recorded on your Certificate of Sponsorship. If any prospective additional work does not satisfy all of the above, you will need to obtain permission from the Home Office to undertake the work.

Our advice is based on the law as it currently stands. We recommend seeking up to date and tailored legal advice if you intend to make any applications.

Tier 4 (General)

Depending on your level of study, you may be able to extend your visa to remain in the UK to further your studies in the UK. The following is some of the scenarios that may apply depending on your last grant of visa:

You plan to study a course low degree level - your course must not lead to you being granted more than 2 years in the UK as a Tier 4 (General) migrant since the age of 18;
You plan to study a course at degree level or above - your course must not lead to you being granted more than 5 years in the UK as a Tier 4 (General) migrant since the age of 18;
The exception to this rule may apply if you have completed a degree course which has lasted 4 academic years and will progress to studying a higher qualification and not lead to the applicant being granted 6 years in the UK since the age of 18, the course leads to a PhD level course or will be pursuing a course in Law, Architecture, Medicine or Dentistry.

Tier 2 (General)

As a Tier 2 (General) migrant you will also be required to satisfy the requirements that you:

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 Regulated Qualifications Framework (RQF) Level 6; and
will be paid the appropriate salary for the job you will be undertaking which is not less than £20,800 per annum;
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;
In the foreseeable future for those who start a new course of study in the 2020/21 intake, may be able to apply for a 'post-study' work visa which will enable you to work and in future obtain a Tier 2 (General) work visa. It is at present which levels of study this will apply to or who will be eligible. More details will be released by the Home Office which is likely to be post conclusion of 'Brexit'.

If you would like to speak with an immigration specialist for a free consultation, you can reach us on 0203 540 7770.

We would require more detail to answer your query and it would be advisable to contact one of our specialist immigration advisors for a free consultation. You can reach us on 0203 540 7770.

Thank you for your enquiry regarding an entry clearance application as a Tier 2 (General) applicant. As an overview, you must first find and be offered a job role by a UK company. If the UK Sponsor does not already have a sponsor licence, we can also assist them to get this. If they do have a sponsor licence, the company must be able to advertise the role first to establish that there is no suitable settled person that is available to fill the job. 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.

Tier 2 (General)

As you employee will be applying to remain in the UK as a Tier 2 (General) migrant your Sponsor will have to conduct a Resident Labour Market Test (RLMT) to give the settled/ British workforce a chance to apply for the job it wishes to recruit for. The RLMT will involve advertising the job for a period of 28 days on two sources. Only if a suitable settled worker cannot be found, then the job may then be offered to a non-settled person. We can assist the sponsor that they conuct the RLMT in complaince with the Home Office requirements.

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 for by the 5th day of each month in order to know within the same month as whether or not the CoS has been granted. There is a restriction of around £1000-£2000 per month

As a Tier 2 (General) migrant you will also be required to satisfy the requirements that you:

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 Regulated Qualifications Framework (RQF) Level 6; and
will be paid the appropriate salary for the job you will be undertaking which is not less than £20,800 per annum;
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 Tier 2 application will take somewhere in the region of roughly 1-30 working days to be processed depending on whether or not the Priority Service is paid for.

If you would like to speak with an immigration specialist for a free consultation, you can reach us on 0203 540 7770.

Unfortunately you will not be able to switch to apply for ILR on the same basis and particularly so that you are now on a Tier 2 (General) visa which is independent of the family.

Tier 2 (General) ILR

In order to apply for Indefinite Leave to Remain in the UK you will have to satisfy the following requirements:

The applicant must have been employed with a licenced sponsor for the duration of their Tier 2 visa and earn at least £35,800, if applying on or after 6 April 2019. Please note that this threshold increases each year.
The applicant will need to evidence by way of a letter from the employer that they have been working for a specified period and are still needed for the job.
The applicant needs to have the required level of English language, which must be at least level B1 on the Common European Framework of Reference (CEFR) or have an academic qualification that was taught in a majority English speaking country and is recognised by UK NARIC as being equivalent to a UK bachelor's, master's or PhD level.
Long Residence - 10 Year ILR

This option will largely depend on when your Tier 2 (General) visa expires but if you are able to evidence that you have lawfully resided in the UK for a continuous period of 10 years, you may apply for Indefinite Leave to Remain. If your Tier 2 (General) expires before then, you will want to extend your visa to take you beyond this date so that you are eligible to apply.

If you would like to speak with an immigration specialist for a free consultation, you can reach us on 0203 540 7770.

Thank you for your enquiry. You are correct in that if you are not able to satisfy the Job Creation criteria, you will not be able to extend your Tier 1(Entrepreneur) Visa. One solution would be to apply for a Tier 2 (General) work visa of which I have provid8ed an overview as below. As you currently have leave in the UK as a Tier 1 (Entrepreneur) route, you will be able to submit your application from within the UK, provided that it is submitted before the expiration of your current visa. I've set out in summary the process to obtaining your Tier 2 (General) application below.

Tier 2 Sponsor Licence

The UK business will have to apply for and be granted a Tier 2 Sponsor Licence before it will be able to employ a foreign migrant. As part of this application, the Sponsor will have to provide evidence that it is genuine organisation operating lawfully in the UK. It must also demonstrate that it is 'suitable' to carry out its duties as a Tier 2 Sponsor.

We will guide the Sponsor through this process to ensure that it is aware of its Sponsorship duties. The application is made online and will involve sending to the Home Office documents that it is operating lawfully in the UK. If the Sponsorship Licence is granted, then it will be able to assign a Certificate of Sponsorship to you in order to make your application to enter the UK as a Tier 2 (General) migrant.

Tier 2 (General)

As you will be applying to remain in the UK as a Tier 2 (General) migrant your Sponsor will have to conduct a Resident Labour Market Test (RLMT) to give the settled/ British workforce a chance to apply for the job it wishes to recruit for. The RLMT will involve advertising the job for a period of 28 days on two sources. Only if a suitable settled worker cannot be found, then the job may then be offered to a non-settled person. We can assist the sponsor that they conuct the RLMT in complaince with the Home Office requirements.

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 for by the 5th day of each month in order to know within the same month as whether or not the CoS has been granted. There is a restriction of around £1000-£2000 per month

As a Tier 2 (General) migrant you will also be required to satisfy the requirements that you:

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 Regulated Qualifications Framework (RQF) Level 6; and
will be paid the appropriate salary for the job you will be undertaking which is not less than £20,800 per annum;
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 Tier 2 application will take somewhere in the region of roughly 1-30 working days to be processed depending on whether or not the Priority Service is paid for.

If you would like to speak with an immigration specialist for a free consultation, you can reach us on 0203 540 7770.

As a sponsor licence holder, there are strict duties to report such issues within 10 working day of the event happening. Failure to notify the Home Office of such a change could result in the Home Office taking action against you. In the circumstances, if there is no current level 1 user or Authorising Officer it is likely that action could be taken against the company. Until this is resolved, it may be best to place on hold any application for a CoS. You should also note that a Key Contact does not have automatic access to the SMS and they should under no circumstances use another users credentials to log-in.

To report the change of the Authorising Officer it must be completed using the SMS system however if there is no one available with clearance to use the SMS, the sponsor will have to contact the Home Office directly.

Failure to comply with the Home Office rules may result in one or more of the following:

Downgrading of the sponsor licence from rating 'A' to 'B' - this could involve an action plan and timeframe to restore the rating to 'A' or risk suspension or revocation;
Suspension or revocation of the sponsor licence - this may happen if the sponsor is deemed to be a serious threat to immigration control;
Civil Penalty - in cases where breaches occur the Sponsor may face a civil penalty in particular, cases where the sponsor has breached its duties such as employing migrants illegally.

For a Tier 2 (General) skilled worker to change employers an compliant RLMT must be conducted unless it would fall within a Shortage Occupation List which set out job roles which are in shortage in the UK.

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 for by the 5th day of each month in order to know within the same month as whether or not the CoS has been granted. There is a restriction of around £1000-£2000 per month

As a Tier 2 (General) migrant you will also be required to satisfy the requirements that you:

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 Regulated Qualifications Framework (RQF) Level 6; and
will be paid the appropriate salary for the job you will be undertaking which is not less than £20,800 per annum;
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 Tier 2 application will take somewhere in the region of roughly 1-30 working days to be processed depending on whether or not the Priority Service is paid for.

If you would like to speak with an immigration specialist for a free consultation, you can reach us on 0203 540 7770.

It would be open to you to reapply for this visa but the difficulty with the application is that the Home Office may question if the vacancy is genuine or not since the work hours have changed. Additionally, if the work hours are changed, a Resident Labour Market Test must be completed again before the job can be offered to you. If the hours are to remain at 40 hours, then the application may proceed if the application is submitted within the 24 hour period.

Our advice would be to discuss your case with one of our specialist advisors. You can reach us on 0203 540 7770.

As the Home Office have confirmed that you can use the old application, it would be best to have this confirmed in writing. However, the Sponsor must ensure that the CoS is issued correctly and a note made on the SMS accordingly to explain the error. We can assist you with the application process.

If a Resident Labour Market Test has not been completed, the Sponsor company must take steps to satisfy this and that no suitable person has been identified. Only then can a job be offered to an overseas person. Only after this process has been completed can the Sponsor take steps to issue a CoS to you.

We would be happy to assist you with your enquiry. All of our lawyers are experienced across all areas of immigration and specifically Tier 2. As you will be switching from a Tier 4 (General) visa to Tier 2 (General), your will be able to offer you a job right away without the requirement to conduct a Resident Labour Market Test.

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 for by the 5th day of each month in order to know within the same month as whether or not the CoS has been granted. There is a restriction of around £1000-£2000 per month

As a Tier 2 (General) migrant you will also be required to satisfy the requirements that you:

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 Regulated Qualifications Framework (RQF) Level 6; and
will be paid the appropriate salary for the job you will be undertaking which is not less than £20,800 per annum;
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 Tier 2 application will take somewhere in the region of roughly 1-30 working days to be processed depending on whether or not the Priority Service is paid for.

If you would like to speak with an immigration specialist for a free consultation, you can reach us on 0203 540 7770.