Tier 2 Visa Extension: Complete Guide

The Tier 2 Visa, now replaced by the Skilled Worker Visa, allows individuals to extend their stay in the UK for employment under a licensed sponsor. An extension ensures workers can continue their roles without disruption, provided they meet specific criteria. Applicants must hold a valid Certificate of Sponsorship (CoS) issued by their employer and demonstrate that their role meets salary and skill requirements.

One key risk is failing to meet the eligibility conditions, such as the salary threshold or sponsorship requirements. Incorrect or incomplete documentation can lead to delays or refusals, impacting both the employee’s ability to work and their legal residency. Employers must also fulfil their sponsorship duties, including maintaining accurate records and providing a valid CoS, as non-compliance can jeopardise both the visa application and their sponsorship licence.

 

Extending your Tier 2 visa

 

The Tier 2 (General) visa category was closed to new applications in December 2020, and was replaced with the Skilled Worker visa. Where eligible, Tier 2 visa holders can apply to extend their period of leave, but the extension will be processed under the new Skilled Worker category.

The fact that you have previously been granted a Tier 2 visa does not in itself guarantee an extension will be successful. You will need to evidence your eligibility in your extension application. Your application will be subject to the eligibility criteria of the Skilled Worker visa category, for example, that you are employed in a qualifying role for a sponsoring employer at the required salary level.

 

What is the Skilled Worker Visa (Formerly Tier 2)?

 

The Skilled Worker Visa, which has replaced the Tier 2 Visa, is a key route for individuals to work legally in the UK under a licensed sponsor. It allows employers to bring skilled workers into the country to fill roles that meet specific eligibility criteria. The transition from the Tier 2 Visa to the Skilled Worker Visa reflects updates to the UK’s immigration system, designed to prioritise skilled roles and streamline the application process.

To qualify for the Skilled Worker Visa, applicants must have a confirmed job offer from a UK-based employer who holds a valid sponsorship licence. The job must meet the minimum salary and skill requirements set by the Home Office, which may vary depending on the role, industry, or applicant’s circumstances. Certain roles on the shortage occupation list may have lower salary thresholds, making it easier for employers to hire in-demand professionals.

For individuals already in the UK on a Tier 2 Visa, extending under the Skilled Worker route ensures continued legal residency and employment. Employers play a vital role by issuing a Certificate of Sponsorship (CoS) and maintaining compliance with sponsorship obligations. Understanding the requirements and changes introduced by the Skilled Worker Visa is essential for both applicants and employers seeking to make the most of this route.

 

Why Extend Your Skilled Worker Visa?

 

Extending a Skilled Worker Visa is essential for individuals who wish to remain employed in the UK beyond the expiry of their current visa. It allows skilled workers to continue their roles without interruption, providing stability for both employees and employers. The extension process ensures that individuals maintain their legal status in the UK and comply with immigration regulations while continuing to contribute to the workforce.

For many applicants, an extension is necessary when their employment contract is renewed or extended. Employers may also require extensions if a project requires additional time or if a worker’s skills remain essential to the organisation’s operations. Extending the visa is also an opportunity for employees to further their career progression within the same organisation or in a similar role under their sponsor.

For employers, ensuring that valued employees can stay in their roles is vital for continuity and operational success. A Skilled Worker Visa extension enables businesses to retain talent and avoid the costs and disruption associated with recruitment and training new staff.

Applying for an extension is also a step towards indefinite leave to remain (ILR) for those who plan to settle in the UK long-term. By extending their visa and meeting the necessary conditions, applicants can work towards achieving permanent residency. Both employees and employers benefit from the structured process, which supports ongoing employment and long-term career planning.

 

Eligibility Criteria for Extension

 

To extend a Skilled Worker Visa, applicants must meet specific eligibility requirements set by the UK Home Office. These criteria are designed to ensure that the visa holder continues to fulfil the conditions under which the visa was originally granted.

A valid Certificate of Sponsorship (CoS) from the employer is a primary requirement. The CoS confirms that the applicant’s role is still necessary and that the employer is willing to continue their sponsorship. It is essential for the role to meet the minimum salary threshold, which is generally £26,200 per year or £10.75 per hour. However, lower thresholds may apply for jobs on the shortage occupation list, new entrants to the labour market, or certain healthcare and educational roles.

Applicants must also demonstrate that they remain employed in the same occupation code as their previous visa. If the role has changed significantly, a new application may be required instead of an extension. Additionally, visa holders must still meet the required English language proficiency, though this is usually fulfilled during the initial visa application.

Employers must comply with their sponsorship obligations, including keeping accurate records and ensuring that the role adheres to visa conditions. Meeting these eligibility requirements is essential for a successful Skilled Worker Visa extension, allowing employees to continue working and residing legally in the UK.

 

How to apply for a Tier 2 visa extension

 

Extension applications are made online. They can only be made from within the UK.

The application will not be submitted until the extension application fee and the NHS Immigration Health surcharge have been paid.

Once the online form has been completed and the relevant fees paid, the applicant will then be invited to arrange an appointment at a UKVCAS centre to submit their biometric information to confirm their identity. A fee will also apply to submit the biometric information (currently £19.20).

For the extension application, the sponsor assigns a new CoS to the visa holder. This is needed for the Home Office application. The extension application must be made within 3 months of the CoS being issued or before the existing visa expires, whichever is sooner.

While the extension application is being processed, the applicant should not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man, or the application will be considered withdrawn.

 

Extension supporting documents

 

The specific supporting documents to prove your identity and eligibility will depend on the circumstances. You would usually be advised what you need to provide when making your application, but generally this can include:

 

• Current, valid passport or travel document, with blank pages for visa to be issued
• Current visa or leave to remain
• National Insurance number
• Expired passports as proof of immigration history
• Proof of knowledge of the English language
• Certificate of Sponsorship (reference number)
• Proof of personal savings where your sponsor is not supporting the applicant

 

Applicants may also use the ‘UK Immigration: ID Check’ app to scan their identity document.

 

When to apply for your visa extension

 

You are permitted to submit your extension application up to 60 days before your current visa is due to expire.

In any case, you need to secure further leave to remain before your current leave expires. You otherwise risk overstaying, which can detrimentally impact future immigration applications.

 

Visa extension processing time

 

The visa extension processing time is generally around eight weeks, but this will depend on Home Office caseload and the quality of the submission. If the Home Office has any queries or requests further information, this will delay processing. Priority processing may also be available to fast-track a decision for a fee.

 

Changing role or sponsor

 

If you are changing job or employer, you will need to apply to update (rather than extend) your visa. This applies where you are changing job and changing employer, or your job changes SOC code, or you are changing role for a job that is not on the Shortage Occupation List.

If you are changing roles but staying employed by the same sponsor, you may also need to make a change of employment application where:

 

• Your core duties changes to the extent that a different Standard Occupational Classification (SOC) code will apply; or
• Under TUPE (or similar) protection you change jobs and the new job is in the same SOC code, but your new salary is less than the appropriate rate for the new job as shown in the relevant code of practice; or
• There is a change to your core duties which means you change jobs from a job which is currently on the shortage occupation list to a job which is not on the shortage occupation list; or
• Your pay reduces from the level indicated on your current Certificate of Sponsorship, other than changes due to company-wide reductions defined as acceptable in the Sponsor Guidance, or reductions due to maternity, paternity, adoption leave, and/or a period of sick leave that lasted for one month or longer; or
• Changes to your core duties which means your job changes within the same SOC code provided your pay remains above the acceptable rate for the new job.

 

If you are changing employer, your new employer will need to issue you a new Certificate of Sponsorship before you can apply for a new visa.

 

Tier 2 to Indefinite Leave to Remain (UK Settlement)

 

The maximum period of stay for Tier 2 (General) visas issued on or after 6 April 2011 is the lesser of 5 years and 14 days, or the time given on your certificate of sponsorship plus 1 month. Those who first obtained a Tier 2 visa before 6 April 2011, will be able to continue to extend their Tier 2 visa with no limit to the number of extensions provided there is continued eligibility.

You may become eligible to apply to settle in the UK on completion of your tier 2 visa extension period. UK Indefinite Leave to Remain (ILR) becomes available to Tier 2 (General) visa holders after five years spent lawfully in the UK on that visa. ILR is not automatic. You have to make an application to the Home Office to be granted status. You will need to assess eligibility and apply under the separate ILR process to remain in the UK after Tier 2 expiry.

 

Need assistance?

 

With a skilled worker extension application, it is not just the worker that will be put under Home Office scrutiny. Your employer will also need to continue to meet its duties as a licensed sponsor. Extension applications from sponsored workers are known to trigger Home Office inspections and investigations into the employer’s immigration compliance. Breaches of employer sponsor licence duties can result in enforcement action, impacting the employer’s permission to hire non-UK residents, and potentially curtailing your visa. We can advise on all aspects of sponsor licence compliance and sponsored worker management.

DavidsonMorris are specialists in UK immigration, working closely with employers and employees to meet their visa needs. If you are approaching your Tier 2 (General) visa expiry and want to secure your lawful status, speak to our experts for help and guidance with the Home Office application process.

 

Tier 2 visa extension FAQs

 

What is a Skilled Worker Visa extension?

A Skilled Worker Visa extension allows individuals to continue working and living in the UK under their current sponsorship beyond the expiry of their initial visa.

 

Who is eligible to apply for an extension?

Individuals holding a valid Skilled Worker Visa who continue to meet the salary and job requirements under the same occupation code and sponsor are eligible.

 

When should I apply for an extension?

It is recommended to apply before your current visa expires to ensure continuity of your legal stay and employment in the UK.

 

What documents are required for the extension application?

Documents include a valid passport, a Certificate of Sponsorship from your employer, proof of salary, and, if applicable, evidence of English language proficiency.

 

Can I change employers while applying for an extension?

No, a Skilled Worker Visa extension is tied to your current employer. Changing employers requires a new visa application with a new Certificate of Sponsorship.

 

How long does it take to process a Skilled Worker Visa extension?

Standard applications typically take up to 8 weeks, with faster processing available through priority or super-priority services.

 

Are dependents included in the extension?

Yes, dependents can apply for a visa extension alongside the main applicant, provided they meet the eligibility requirements.

 

Does the extension contribute towards settlement in the UK?

Yes, time spent on a Skilled Worker Visa, including extensions, counts towards the qualifying period for indefinite leave to remain (ILR).

 

What happens if my extension is refused?

If refused, you may appeal the decision, reapply with corrections, or explore alternative visa options. It is important to address the reasons for refusal promptly.

 

Are there any fees for the extension?

Yes, fees include the application cost, healthcare surcharge, and any additional charges for expedited processing, such as priority services. Employers may assist with some costs, but this depends on individual agreements.

 

Glossary

 

Term	Definition
Skilled Worker Visa	A visa that allows skilled workers to live and work in the UK under a licensed sponsor.
Certificate of Sponsorship (CoS)	An electronic document provided by a UK employer to confirm that they are sponsoring a worker for a specific role.
Sponsor Licence	A permit that allows UK employers to sponsor non-UK workers under the Skilled Worker Visa scheme.
Minimum Salary Threshold	The minimum salary required for a job to qualify for a Skilled Worker Visa or extension, set by the Home Office.
Shortage Occupation List	A list of jobs where there is a recognised shortage of workers in the UK, allowing for lower salary thresholds.
Indefinite Leave to Remain (ILR)	Permanent residency status in the UK, which can be applied for after meeting certain criteria, including time spent on a Skilled Worker Visa.
Dependents	Family members of the main visa holder, such as a spouse, partner, or children, who can apply for a visa alongside the main applicant.
English Language Requirement	A condition that requires visa applicants to demonstrate proficiency in English, often fulfilled during the initial visa application.
Priority Service	A faster processing option for visa applications, typically completed within 5 working days.
Super-Priority Service	An expedited processing service for visa applications, usually providing a decision within 24 hours.
Immigration Health Surcharge (IHS)	A fee paid as part of the visa application to access NHS services during the applicant’s stay in the UK.
Occupation Code	A specific code assigned to job roles to identify their eligibility for a Skilled Worker Visa.
Visa Extension	The process of renewing or extending the validity of an existing visa to allow continued stay in the UK.
Employment Contract	A formal agreement between the employer and the employee, often required as proof of employment for a visa extension.
Legal Compliance	Adherence to UK immigration laws and sponsorship requirements by both the employer and employee.