Tier 2 Skilled Workers

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Our immigration specialists hold unrivalled success rates and will ensure your Tier 2 Work Visa application is uncomplicated, fast and stressfree.

Worried about running up high legal fees?  Our fixed fee structure is very competitive and ensures that not only will you avoid running up any unnecessary expenses, but you will also have a clear idea of total costs from the outset. Call us now on +44 (0)207 001 2121 to find out more.

Q. I am not from the European Economic Area and I want to work in the UK.  Is this possible?

Yes.  Tier 2 of the Points Based System allows skilled workers from non-EEA countries to come to the UK to work.  However, you must have a job offer before you apply for your visa to come to the UK and you must meet certain other requirements, such as being able to support any accompanying family members.

Q. Can you tell me more about Tier 2?

Tier 2 is divided into separate categories as follows:

Tier 2 General – for foreign nationals who have an offer of employment in the UK in a role which cannot be filled by a British worker.
Intra Company Transfer – for employees of multinational companies who are being transferred from an overseas branch of the company to a UK branch, either on a long- or short-term basis.  This category has 4 sub-categories which are: Long-term staff, Short-term staff, Graduate trainee and Skills Transfer.
Sportsperson – for elite sportspeople and coaches who are internationally established at the highest level, and will make a significant contribution to the development of their sport.
Minister of religion - for people who have been offered employment or posts or roles within their faith communities in the UK as ministers of religion, missionaries or members of religious orders.

Each category has different requirements which you must satisfy before you can work in the UK.

Q. What kind of job would qualify me for a Work Permit?

The UK Work Permit scheme was abolished in November 2008.  Now individuals must qualify to work in the UK under the Points Based System and need to have an offer of a skilled job at or above graduate level.

Work Permits are no longer issued to any migrants other than Bulgarian and Romanian nationals.

Q. What is a skilled worker?

A skilled worker is an individual who has either a degree or relevant experience for a position on offer by a UK employer.  We use the salary, qualifications and experiences of the applicant to assess their eligibility for a Tier 2 Visa.

Q. What is Tier 2 General?

If you have been offered a job with a new employer in the UK with whom you have no employment history, you will need to apply under this category.  You will need to apply for either a restricted or unrestricted Certificate of Sponsorship from your prospective employer, depending on whether you are applying from in or out of the UK.

Q. What is a Certificate of Sponsorship (COS?

This is a virtual document and can sometimes be known as a work permit, although essentially it is a certificate issued by the employer to enable you to apply for your Tier 2 visa.  It is imperative that you hold a valid COS before applying for entry into the UK.

Q. What requirements will I need to meet to get a visa?

 For each category in Tier 2, you will need to accrue a certain number of points in order to be granted the visa you want. The criteria you will need to satisfy differ between the 4 sub-categories.  For example, you will need to have a higher salary if applying under Tier 2 ICT Long-Term than for Tier 2 ICT Short-term or Tier 1 General.
Generally, the requirements you will have to meet are as follows:

  • You need an offer of employment from a licensed UK Sponsor and a valid Certificate of Sponsorship from that employer
  • Your prospective salary will need to be above a certain threshold - over £24,000 for Tier 2 ICT Short-term, Skills Transfer and Graduate Trainee, over £40,000 for Tier 2 ICT Long-term and over £20,000 for Tier 2 General.
  • You must satisfy the maintenance requirement for yourself and any accompanying dependents.
  • Depending on which category you apply under, you may need to prove your competency in the English Language to a certain level.
Q. How long can I stay in the UK?

The length of time you may legally continue to work in the UK for will depend on the visa category you applied under initially.  If you apply the in Tier 2 General or ICT Long-term categories, your initial visa will be granted for up to 3 years and you can then apply to extend this by a further 2 years.

Q. I have found a sponsor but the company does not have a sponsor licence.  Can I still work in the UK?

Your prospective employer must apply for a sponsor licence before they can employ you in the UK. There are a number of considerations your employer must take into account before they apply for a licence, including whether they have robust human resource systems in place and whether they will meet the necessary requirements for the licence.

Q. My visa is due to expire and my sponsor does not have a sponsor licence. What can I do?

If your visa is due to expire, it is important that you ensure your legal status is maintained.  We would recommend you seek urgent legal assistance.  It may well be necessary for representations to be made to the UK Border Agency on your behalf.

It also is possible to preserve your legal status while your sponsor’s licence application is pending and again we would recommend you seek legal assistance if you are in this position.

Q. If I get a Tier 2 Visa, will I qualify for settlement / ILR in the UK?

The rules for settlement or Indefinite Leave to Remain in the UK have changed considerably in recent years.  We cannot guarantee that you will be granted ILR as many factors can impact your application, including absences abroad, skill level, salary and continuity of leave to remain in the UK. We would recommend that if you have any concerns in relation to an ILR application you seek professional advice before making an application.

Q. I cannot find a job or employer to sponsor me – can you help?

We are not able to assist you with finding a job as we are immigration lawyers, not a recruitment agency.   You will need to contact recruitment agencies or review job adverts and make applications to prospective employers in the same way as other applicants.

If you secure a position then you can seek permission to work in the UK and we can manage your application for you to ensure it has the highest chance of success.

Q.  Can I still come to the UK if I do not have an employer willing to sponsor me?

If you do not have a prospective employer who is willing and able to sponsor you to work under the Points Based System, you may need to explore other options.  The routes available to you depend on your expectations and future plans.

You could consider the Tier 1 Entrepreneur or Tier 1 Investor categories for individuals who are able to make an investment or establish a company in the UK, or the category for self employed business persons.

Are you already employed overseas with a company that wishes to set up a branch or subsidiary in the UK?  If so, you can apply for a visa to work in the UK whilst you establish that new branch here.

If you would like to discuss the options available to you, give us a call on +44 (0)207 001 2121 – one of our specialists will be happy to help guide you to a suitable course of action.

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