The Tier 2 visa was designed for citizens of non European countries, who have received job offers in order to fill a vacancy that cannot be occupied by a worker that is settled in the UK. The application can be made only after a Licensed Sponsor or employer that is approved by the Home Office, United Kingdom Border Agency to offer employment opportunities to foreign nationals, has been granted a certificate of sponsorship giving them the authority to finance an individual’s stay in the UK as a foreign worker. The Tier 2 visa being a points-based category offers opportunities for point to be allocated for the Certificate of Sponsorship (CoS) on the basis of Suitable Salary, English Language and funds available for maintenance.
To be make an application to for Tier 2 General visa, he/she must have sponsorship from his/her employer in the United Kingdom that has a Tier 2 sponsor license. The applicant is however expected to adhere to all the criteria of code of practice for employers which include the job level, minimum salary etc.
A restricted Certificate of Sponsorship is usually required for entry clearance as a Tier 2 General Migrant except the job is in shortage of list of occupations or the potential salary to be paid to the individual (Tier 2 Migrant) is £152,100 or more gross per annum.
Certificate of Sponsorship available under Tier 2 (General) is limited in number on an annual basis. This limitation is applicable to individuals who seek entry clearance under the Tier 2 (General) Category and also individuals who make applications to switch as a dependent of a Tier 4 (General) student into the Tier 2 (General) category from within the United Kingdom. These are further referred to as Restricted Certificates of Sponsorship.
Individuals who seek entry into the UK so as to take up vacant positions with a £150,000 salary or more whilst other applications within the UK apart from the Tier 4 dependants who intend to switch, are not influenced by the limit. In this circumstance, the Certificates of Sponsorship is known as unrestricted and it can be assigned by the sponsors without initially making an application for authorization.
It is important to note that Tier 2 General applications that are a success will surmount to the applicant being offered leave for up to 3 years with a tendency of the leave being extended for 3 years additionally. The individual is not permitted to apply again in order to return to the UK under this category until the elapse of 12 months after which the previous Tier 2 leave expired. Also applicable in situations where the individual has been in the Tier 2 for a period less than 6 years. However in a situation where the individual leaves the job held with the Tier 2 Sponsor, he/she should endeavor that the Sponsor passes the information across to the UKBA so that the leave will be curtailed. Note also that the 12 months period is counted beginning from the date of expiry of the individual’s leave.
In a situation where the individual’s application was rejected, he/she 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 held also by the Entry Clearance Manager (ECM) the individual can challenge by making an appeal through Judicial Review in High Court.
The team at Reiss Edwards consists of some of London's leading business immigration lawyers. Should you require expert legal advice in making a tier 2 visa application please call us on 020 3744 2797.
|Tier 2 Entry clearance|
|Switching to the Tier 2 General visa|
|Extension of leave as a Tier 2 General Migrant|
|Tier 2 Indefinite Leave to remain|