The Tier 2 visa route is now closed, and has been replaced by the Skilled Worker visa.
The Skilled Worker visa is for foreign nationals to come to the UK to work in a skilled role for a licensed employer.
We are UK work visa and business immigration specialists. To discuss your UK immigration options, including eligibility and applications for the Skilled Worker, contact us.
The information in this article pre-dates the closure of the Tier 2 Visa.
This information pre-dates the closure of the Tier 2 Visa.
The Tier 2 (General) visa is for individuals with a job offer in the UK, and who are coming to fill a gap in the labour force that cannot be filled by someone already in the country.
Because the Tier 2 (General) visa can lead to Indefinite Leave to Remain, the category also makes provision for the spouses, partners and any dependent children to immigrate to the UK at the same time as the main Tier 2 applicant.
Given the global nature of competition for talent and skilled workers, it is important that skilled migrants looking to work in the UK are supported in achieving the relevant immigration status.
For skilled workers, with so much at stake, it is important to seek legal advice to understand the migration options available and that the Tier 2 is the correct route.
This information pre-dates the closure of the Tier 2 Visa.
The majority of Tier 2 visa applications will be made under the Tier 2 (General) subcategory. This enables skilled non-EEA migrant workers to accept an offer of a job that cannot be filled by a suitably qualified or skilled settled worker, including workers coming to the UK to fill shortage occupations, ie; where there are not enough workers in the domestic labour market to meet demand.
To qualify for a Tier 2 (General) visa, the applicant will need to:
This information pre-dates the closure of the Tier 2 Visa.
Any job that is offered to a non-EEA migrant worker must also meet the relevant Tier 2 skill and salary levels, although the required level of skill and salary can vary depending on the nature of the job.
The job will usually need to meet level 6 or above on the Regulated Qualifications Framework (RQF). In a creative sector occupation, or for a job that appears on the list of shortage occupations, the job must be skilled to RQF level 4.
The minimum salary requirement is usually at least £20,800 per annum for new entrants or £30,000 for experienced workers, or the appropriate rate for the job in question, whichever is higher.
This information pre-dates the closure of the Tier 2 Visa.
In granting a Tier 2 visa the Home Office must be satisfied that the applicant is being sponsored to undertake a genuine vacancy in the UK that will not displace a suitably qualified or skilled settled worker.
This means that, as the prospective employer, you cannot offer a position to a non-EEA migrant worker if a suitable worker from within the domestic labour market will be turned down for the job or made redundant.
Unless the job in question is on the shortage occupation list, ie; where there are not enough workers in the domestic labour market to meet current demand, you will first be required to advertise the job in the UK. This is known as the Resident Labour Market Test (RLMT).
Where applicable, you must have met the RLMT requirements before assigning a certificate of sponsorship to any prospective employee. Further, the certificate of sponsorship must confirm that a RLMT has been completed.
This information pre-dates the closure of the Tier 2 Visa.
When applying for a Tier 2 visa the applicant must also satisfy the Home Office of their ability to support themselves on arrival in the UK. This can be done either by way of proof of personal savings or a maintenance guarantee from you as their UK licensed sponsor that you can cover their costs for the first month.
Where you do not confirm the provision of maintenance on the certificate of sponsorship, the applicant will need to show they have had £945 in their bank account for a period of 90 days prior to the date of their application.
This information pre-dates the closure of the Tier 2 Visa.
When applying for a Tier 2 visa the applicant must satisfy the Home Office of their knowledge of the English language. This can be evidenced either by passing an approved English language test, or by having an academic qualification that was taught in English and is recognised as being equivalent to at least a UK bachelor’s degree.
Nationals of a majority English-speaking country such as the USA, Canada, Australia or New Zealand, they will be exempt from proving their knowledge of English.
This information pre-dates the closure of the Tier 2 Visa.
Having offered a migrant worker a genuine job to the required skill and salary level, you must assign them a valid certificate of sponsorship. This can only be done if you are a UK licensed sponsor. If you are not yet licensed under Tier 2, you will first need to apply for approval from the Home Office.
Under your duties and obligations as a Tier 2 sponsor you must only assign certificates of sponsorship to migrant workers who are appropriately qualified or registered to do the job shown. The certificate of sponsorship must also confirm that the job is at the required skill and salary level.
This information pre-dates the closure of the Tier 2 Visa.
The applicant will need to submit an online application within three months of being assigned their certificate of sponsorship. Each certificate has a unique reference number that they will need to apply.
They will also be required to attend an appointment at a visa application centre to enrol their biometric information and to submit various documents in support. The necessary documentation will include:
The Home Office will assess their application on the basis of how many points they have accumulated under the points-based system. Under Tier 2 (General) an applicants must gain a minimum of 70 points. This is calculated as follows:
It is important to note that the offer of a genuine job with a valid certificate of sponsorship does not guarantee the successful grant of a Tier 2 visa. The prospective employee must still meet all the other relevant criteria. The Home Office will also consider any general grounds for refusal, including any relevant criminal history or previous immigration violations.
This information pre-dates the closure of the Tier 2 Visa.
The Tier 2 visa fees will depend on the subcategory of visa needed and the length of time requested. For a Tier 2 (General) visa the application cost is as follows for out of country applications:
£704 for up to 3 years
£1,408 for more than 3 years
Shortage occupation roles have the same fee in-country as outside.
The fee is only for Tier 2 General applications, ICT applicants have to pay the standard rate even if in a shortage occupation role.
The Tier 2 visa applicant will also be liable to pay an Immigration Health Surcharge per year for every year of leave granted. This will allow them access the NHS in the UK.
Employers will be responsible for paying a fee of £199 for every certificate of sponsorship assigned to a foreign worker, although certificates are free for citizens of Croatia, Macedonia and Turkey. Each time they sponsor a non-EEA migrant worker, they may also have to pay an Immigration Skills Charge.
Small or charitable sponsors pay £364 for any stated period of employment up to 12 months, plus £182 for each subsequent 6-month period. Medium or large sponsors must pay £1,000 for any stated period of employment up to 12 months, plus £500 for each additional 6 months.
This information pre-dates the closure of the Tier 2 Visa.
Common grounds for a refised Tier 2 visa include:
The employer should ensure they have selected the appropriate SOC code and salary rate to avoid any unnecessary stress and delays to both applicant and business processes.
Employers are encouraged to adopt a hands-on approach and assist applicants with their application until its successful competition to ensure that the information presented on the applicant’s form matches with that offered by the organisation.
Invalid applications are different from refusals. A Tier 2 skilled worker visa application will be deemed and returned invalid for a number of reasons, the most common of which are:
Invalid applications put employees in an awkward position, particularly if their leave to remain has expired by the time the application has been returned invalid. Additionally, they leave very limited options.
There are restricted types of appeals that you can lodge under PBS and they are limited to in-country applications. Out of country applications attract a right to judiciary review (where upon re-applying another immigration officer reviews the information), but no right to appeal.
Dependents of PBS applicants applying out of country do however attract the right to appeal for a refused application as this falls under the family right and not PBS category.
If an application is refused before the current leave expires, the applicant will not have right to appeal, but is entitled to reapply.
The individual has ten days from date of the refusal notice to lodge an appeal if refused within the UK.
The individual has 28 days to file an appeal if a non-PBS application is refused outside of the UK.
Any appeal should be made using the correct appeal form and the correct fee paid. The appeal must address each reason for the refusal.
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