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Tier 2 General Frequently asked questions (FAQ)

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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Kind regards
Nancy Jacquard


 
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