If you're a skilled worker looking to contribute to the UK's workforce, applying for the Tier 2 Visa is your best bet. We cover the process in full, so you know exactly what you're getting into.
Going forward, this route is now officially known as Skilled worker visa for foreign workers looking to come into the UK to live and work. Forward thinking businesses aim to attract only th e best talent the world has to offer so as to strengthen and add further value to their palette. In a global state like the UK, it is important that businesses find it relatively easy to attract and retain the highest level of talent to maintain their position as the global economic hub. Key sectors within the economy that must be open to global talent include all professional, technological and medical services.
Sustained business growth in a contemporary world requires the most talented and skilled workers to help drive quality and innovation. Globalisation has further lent a helping hand to businesses, such that they are able to source their talent from a global market place.
The UK (as a leading economy in the world) is no exception. The Tier 2 visa category has been designed as a Points Based system to allow foreign skilled workers take up skilled jobs in UK based firms.
At Reiss Edwards, our highly experienced and qualified UK immigration lawyers can help your company reach its full potential if you need to recruit workers from outside the UK. We have an expert team of business immigration and Tier 2 visa lawyers who specialise in global and corporate immigration.
Following the closure of the Tier 1 General route, the Tier 2 visa category has now become the major work visa category. It benefits workers looking to apply for long term employment (General), those wanting to transfer from a company based overseas to a company in the UK (Intra-company Transfer), sports people involved at a high level in their sport (Sportsperson), and religious workers (Minister of Religion).
It is important to note that you will be required to obtain a certificate of sponsorship to be able to apply for a leave to enter or remain via any of the aforementioned categories. It is classed as a PBS immigration route and would require applicants to score at least 70 points to qualify. Applicants will also need to meet the English language requirements alongside the maintenance requirements.
To apply for a Tier 2 work visa, you must have been offered work by an employer who has a valid Tier 2 Sponsor Licence. The role must be one above NQF Level 6 and the salary on offer must be at the appropriate level.
The Home Office have published a list of sponsorable job roles in the UK alongside their appropriate salary levels. The Home Office follows the salary requirements in a strict manner, as your Tier 2 visa application will be refused if the job you are being offered does not meet the stipulated salary requirements.
Click here to find the salary requirements for sponsorable roles in the UK. Sponsorable roles are roles at or above NQF Level 6.
The Tier 2 visa is normally issued for 3 years, after which time you may be eligible to apply for a Tier 2 visa extension. Your extension application will depend on whether your current employer is willing to continue having you in that role, while also maintaining the appropriate salary.
The Tier 2 visa application fees include the following:
The Sponsor Licence fees and Skills Charge are payable only by the employer. Also, the sponsor licence fees only matter when the employer does not have an existing sponsor licence.
A restricted Certificate of Sponsorship is usually required for entry clearance as a Tier 2 General Migrant unless the job is stated on the Shortage of Occupations List, or, alternatively, if the migrant will be considered as a "high-earner" with a salary on offer of at least £159,600 gross per annul.
The application for entry clearance can only be made after the following are satisfied:
The entry clearance application requires the migrant to satisfy the following requirements:
Certificate of Sponsorship available under the Tier 2 (General) visa is limited in number on an annual basis. This limitation is applicable to individuals who seek entry clearance under the Tier 2 (General) Category, as well as individuals who make applications to switch as a dependent of a Tier 4 (General) student into the Tier 2 (General) category from within the UK. These are referred to as Restricted Certificates of Sponsorship.
Individuals who seek entry into the UK tend to take up vacant positions with a £150,000 salary or more, whilst other applications within the UK (apart from the Tier 4 dependents who intend to switch) are not influenced by the limit. In this circumstance, the Certificate of Sponsorship is referred to as unrestricted and can be assigned by the sponsors without initially making an application for authorization.
It is important to note that successful Tier 2 General applications will surmount to the applicant being offered leave for up to 3 years, with the potential of the leave being extended for an additional 3 years. The individual is not permitted to apply again to return to the UK under this category until the elapse of 12 months after which the previous Tier 2 leave had expired. This is also applicable in situations where the individual has been on the Tier 2 visa for less than 6 years. However, in a situation where the individual leaves the job held with the Tier 2 Sponsor, they should ensure the sponsor passes the information across to the UKBA so that the leave will be curtailed. Note also, that the 12-month period begins from the date of expiry of the individual's leave.
In a situation where the individual's application was rejected, the individual can choose to oppose the decision by making a request for an Administrative Review to the Entry Clearance Manager (ECM). However, if the decision is also held by the Entry Clearance Manager (ECM) then the individual can challenge it by making an appeal through a Judicial Review in High Court.
Tier 2 visa applicants must score a minimum of 70 points to be eligible for a visa. The summary of the points are as follows:
| Condition | Points |
| Valid CoS | 30 |
| Appropriate Salary | 20 |
| English language requirement | 10 |
| Maintenance funds | 10 |
However, if you need to employ someone from outside the UK, you will need to apply for a restricted Certificate of Sponsorship. It is important to note that the points gained from assigning Certificates of Sponsorships may vary depending on the type of job.
See the table below for additional information:
| Type of job | Points | Salary | Points |
| Shortage Occupation | 130 | £100,000 to £159,599.99 | 60 |
| £75,000 to £99,999.99 | 55 | ||
| PhD level occupation code listed in Table 1 of Appendix J of the Immigration Rules | 75 | £70,000 to £74,999.99 | 50 |
| £65,000 to £69,999.99 | 45 | ||
| £60,000 to £64,999.99 | 40 | ||
| £55,000 to £59,999.99 | 35 | ||
| £50,000 to £54,999.99 | 30 | ||
| Resident Labour Market Test met by the 'Milkround' provisions and the individual being sponsored meets the 'post study work' provisions. | 30 | £45,000 to £49,999.99 | 25 |
| Job passes Resident Labour Market test or an exception applies | 20 | £45,000 to £49,999.99 | 25 |
| £44,000 to £44,999.99 | 24 | ||
| £43,000 to £43,999.99 | 23 | ||
| £42,000 to £42,999.99 | 22 | ||
| £41,000 to £41,999.99 | 21 | ||
| £40,000 to £40,999.99 | 20 | ||
| £39,000 to £39,999.99 | 19 | ||
| £38,000 to £38,999.99 | 18 | ||
| £37,000 to £37,999.99 | 17 | ||
| £36,000 to £36,999.99 | 16 | ||
| £35,000 to £35,999.99 | 15 | ||
| £34,000 to £34,999.99 | 14 | ||
| £33,000 to £33,999.99 | 13 | ||
| £32,000 to £32,999.99 | 12 | ||
| £31,000 to £31,999.99 | 11 | ||
| £30,000 to £30,999.99 | 10 | ||
| £29,000 to £29,999.99 | 9 | ||
| £28,000 to £28,999.99 | 8 | ||
| £27,000 to £27,999.99 | 7 | ||
| £26,000 to £26,999.99 | 6 | ||
| £25,000 to £25,999.99 | 5 | ||
| £24,000 to £24,999.99 | 4 | ||
| £23,000 to £23,999.99 | 3 | ||
| £22,000 to £22,999.99 | 2 | ||
| £20,800 to £21,999.99 | 1 |
An individual who is already residing in the UK under a visa category which allows that person to switch into the Tier 2 General category, is entitled to apply for residence as a Tier 2 General migrant from within the UK. The individual is, however, expected to fulfil all applicable criteria inclusive of any other stipulation with regards to switching into the Tier 2 General category from the individual's current visa status. For the individual to be eligible to apply for leave from within the UK, the applicant must be issued an Unrestricted Certificate of Sponsorship. For more information on the Tier 2 General Category, please refer to the Tier 2 General Frequently Asked Questions (FAQs) at the bottom of this article.
If an individual is issued (or was previously issued) a leave of entry in any one of the below listed categories, then they can apply to switch into the Tier 2 General Category from within the UK:
An individual wishing to make a switch from the Tier 4 General Student category into the Tier 2 General can do so if the following requirements are fulfilled:
If the Tier 2 sponsor fulfils the requirements for switching as mentioned above, they would be free from fulfilling the Resident Labour Market Test. The applicant will make use of the Unrestricted Certificate of Sponsorship issued to them by the employer to make the application. However, it is expected that the individual's working position and salary level be in line with the criteria for the Code of Practice.
An individual who has been granted entry into the UK on a Tier 1 Post Study Work visa can make an application to switch into the Tier 2 General from within the UK. In this category it is expected that the employer makes available an unrestricted Certificate of Sponsorship which the applying individual would use whilst making the Tier 2 General application. However, it is expected that the individual's working position and salary level be in line with the criteria for Code of Practice.
Tier 2 visa migrants can switch from their current visas to become dependants to any visa categories in-country. Therefore, it is not necessary for them to leave the country to make an application to switch their visas.
An individual who resides in the United Kingdom as a Tier 2 General migrant can seek to extend their stay from within the country, either before the authorised permit has expired or if the applicant is changing job (alongside attaining sponsorship from a different sponsor of the Tier 2 category). This application can only be made from within the United Kingdom.
If an individual seeks to change employer, they must make an application for a change of employer. The applicant is then expected to possess a new Certificate of Sponsorship as well as fulfil the points criteria.
The applicant is also required to apply for a change of employment if they are still with the same employer (subject to exceptions).
Technically, you can renew your Tier 2 visa anytime; however, you'd stand to gain no strategic advantage if your renewal application expires.
As a firm, our advice would be to submit a renewal application 28 days before your current visa expires. If you submit a renewal application in a significant amount of time before your current one expires, the Home Office will process it as normal and you may end up with a timeframe of less than 5 years. Remember, also, that you must have been in the UK for at least 5 years before you qualify for Indefinite Leave to Remain (ILR). Any time shorter than that may result in you not hitting the 5 years required for ILR.
Therefore, we suggest that you apply for your Tier 2 visa renewal or extension at least 28 days before your current (Tier 2) visa expires.
If you are looking to make an application for ILR based on being on a Tier 2 General visa for 5 years, please give us a call now on 020 3744 2797. As a rule, you must first and foremost have lived in the country for at least 5 years continuously under the Tier 2 visa category.
To ensure a successful ILR application, you will need to show you have actually been working in the UK throughout the 5-year period as a Tier 2 migrant and your current employer is your sponsor. In addition, you must show that you are not only currently in employment, but you are still needed on the job. The employer will need to formally verify this in a letter as part of the necessary supporting documents.
We would normally recommend you get professional help/advice for regulated immigration lawyers if you are looking to apply for a Tier 2 ILR. The application form to make this application is the Form SET (O).
Those who classify as a dependant include a husband/wife, civil partner, unmarried partner, same-sex partner, or child (under the age of 18 years) of a main applicant.
It is important to note that dependants must be over the age of 18 years, except for child dependants. However, children who are over the age of 18 may still qualify to apply as child dependants if they became 18 in the UK whilst on a PBS dependant visa.
If you have been granted leave to remain as a Tier 2 General migrant, your dependants can apply with you. Also, if you are looking to submit an entry clearance application as a Tier 2 general migrant, you may apply with your dependents as well.
The immigration rules have and will continue to be met with several reforms and changes. The rules now allow for applications to be made within the country to switch into a PBS Dependant as a Tier 2 General migrant. The exceptions to this include where the applicant is currently in the UK as a visitor and where the applicant is on temporary admission or release.
The age of the dependant as highlighted above also applies to switching.
If you are currently in the UK as a dependant of a Tier 2 General Migrant, you may be able to extend your stay as a dependant of a Tier 2 migrant if you continue to meet the requirements. Importantly, your extension will be in line with that of the main applicant.
If you have been granted leave to remain as a PBS Dependant of a Tier 2 General prior to the 9th of July 2012, you will be able to apply for ILR if you have resided in the UK for at least 2 years as a PBS Dependant. Importantly, the main applicant must have either been a settled person or has lodged an ILR application
However, for applications made after the 9th of July, PBS Dependants will need to have resided in the UK for at least 5 years as a PBS Dependant of a Tier 2 General migrant.
You will be eligible to apply for a British passport (citizenship) one year after holding an ILR status in the UK. This means you will qualify to apply for British citizenship 6 years after your initial Tier 2 visa grant.
It is important to note that your British citizenship application is not really linked or directly related to your Tier 2 visa, but rather is based on you having held ILR status for one year.
The spiralling cost of Tier 2 visa applications is aimed at achieving two things:
1. Ensuring that more employers are priced out of it, meaning that employers will only employ migrants when they really need to
2. Acting as a revenue generator for the Home Office
Earlier this year, the Home Office announced that the price changes were necessary to ensure that the Home Office achieves a self-funding system, whilst it continues to deliver a high level of competitive service which continues to appeal to businesses and talents.
Cost for the Tier 2 migrant
| Fees Description | Amount | |
| The Tier 2 visa application form | £575 | |
| NHS (IHS) Surcharge - Fees paid upfront for the duration of the visa | £200 | |
| Priority service from inside the UK | £500 | |
| Priority service from inside the UK - Weekends and out of office hours | £563 | |
| Priority postal service | £300 | |
| Priority service from outside the UK | £460 | |
| Super priority service form outside the UK | £750 | |
| Tier 2 ILR application | £2,389 | |
| Tier 2 migrant naturalising as a British citizen | £1,236 |
Cost for the Employer
| Fees Description | Amount | |
| Sponsor licence application fee (large organisations) | £1,475 | |
| Sponsor licence application fee (small organisation) | £536 | |
| Assigning a Certificate of sponsorship | £199 (per worker) | |
| Immigration skill charge (large organisations) | £1,000 (per worker) | |
| Immigration skill charge (small businesses and charities) | £364 (per worker) |
The rules specify that a Tier 2 migrant must not have been absent from the UK for more than 180 days during any 12-month period within a continuous period of 5 years. The end date of the continuous period will be considered as ending on whichever is the most beneficial to the applicant.
Where the absences are work-related, these must be confirmed by the employer in writing. The letter from the employer must detail the purpose and period of absences, including any periods of annual leave.
Where there is a long period of absence from the UK, there must be a valid reason for such. If the reason is not work-related, it must be considered "serious and compelling", and a detailed explanation must be provided in writing by the applicant, as well as any relevant supporting documents.
Do absences for the main applicant differ from absences for dependants?
The residential requirement for main applicants has been in place since the category was established. The rules, however, did not confirm that dependants were subject to this same requirement for years until 11 January 2018 when the rules were amended to include dependants. The effect, however, is not retrospective and only absences incurred after 11 January 2018 will count towards the 180 days.
Our team of specialist Tier 2 visa lawyers can advise you on how best to prepare your Tier 2 visa application. We will advise you on all documents required to ensure a successful visa application.Contact us today if you require professional advice. Our business immigration solicitors are based in Central London and can offer a free initial consultation over the phone. You can reach us on 02037442797 or send us an email on info@reissedwards.co.uk
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 check the Shortage Occupation List if you need to confirm whether or not 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 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.
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 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 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 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.
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.
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:
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 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
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 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 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-
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.
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 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 one of our immigration solicitors if you feel you need further representations or assistance.
We write further to your enquiry.
The starting point for this vacancy would be to identify 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-
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 starting 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 candidate’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 identify 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-
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 starting 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 candidate’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-
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 sponsored, it will also dictate the relevant minimum salary that must be paid. Once we have identified 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 & amp; amp;#039;genuine vacancy& amp; amp;#039; 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.
