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Tier 2 Visa Application

Tier 2 Visa Application

If you are a skilled worker who wishes to live in the UK, our professional immigration lawyers can help you get a Tier 2 Visa.

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If your country or origin is outside of the European Economic Area (EEA) and you are looking to work or study in the United Kingdom, then you are subject to immigration control and must first apply for a UK Visa. In order to be granted access to live and/or work in the UK, you will need to acquire the correct visa for your individual circumstances.

There are a number of different visa categories, and the one that you’ll need to apply for will depend upon your current situation as well as the purpose and duration of your stay in the UK. A Tier 2 Visa is usually for skilled workers who are originally from outside of the EEA, who have either been offered a permanent position to work at a company in the UK, or who are being transferred to the UK to work by an overseas business, most commonly a current employer.

The UK Visa eligibility process is calculated on a points based system. To successfully obtain a Tier 2 Visa, you must score a minimum of 70 points, and meet other criteria including being at least 16 years old at the time of your visa application. The UK Tier 2 Visa is usually for skilled workers who earn a minimum salary of £30,000 a year for those classed as ‘experienced’ workers, and £20,800 a year for those who are ‘new entrants’ for junior level or graduate positions. It’s worth noting, however, that after Brexit, there is a possibility that these figures may be reconsidered to include skilled workers in lower income brackets.

In addition to this, you are also required to be offered sponsorship for your intended role by a licensed sponsor in the form of a ‘certificate of sponsorship’ relating to the position you’re being offered. This can be issued by a business or employer who holds a valid UK Tier 2 Sponsor Licence, and should accompany your job offer.

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Steps Involved in Making a Tier 2 Visa Application

In order to make a successful Tier 2 Visa application, you must follow the three steps outlined below, which will ensure you have the best chance of your application being accepted. First and foremost, you must acquire a qualifying job offer before progressing on to your visa application.

Step 1 – Sponsorship License

If they don’t already hold a valid Tier 2 Sponsor License, your prospective employer must directly apply to UK Visas and Immigration to obtain one, which shall be assessed accordingly. If they do already hold a valid sponsor license then you can move straight to Step 2.

Step 2 – Certificate of Sponsorship

After a sponsorship license has been approved or in the event that your prospective employer already holds one, they must then apply for a certificate of sponsorship for the position they would like you to fill. Only after the certificate is acquired for your position can you then apply for your Tier 2 Visa, as you will need it as part of the application process to prove you have a position to go to once you arrive in the UK.

 

Step 3 – Applying for a Tier 2 Visa

As the prospective employee, you will then need to submit a Tier 2 visa application using the unique CoS number that is provided in the certificate of sponsorship. This will need to be submitted alongside relevant proof that all of the remaining Tier 2 Visa requirements are met, including identity documents and your formal job offer.

 

How much does a Tier 2 Visa cost?

It can take up to 3 weeks after making your visa application to get a decision when you apply from outside of the UK. If your application is accepted, then you will need to pay a fee for your visa to live and work in the UK. The exact amount is linked to how long you would like to stay in the UK for. Once you have been assigned an IAS lawyer, you will be guided through the full visa costs to either apply for a new visa, or to extend your existing Tier 2 Visa.

In order to become a Tier 2 sponsor, you must pay a one time fee of £199 per worker. Employers must also pay an annual sponsorship fee for each individual employee. The fee is £1,000 per migrant worker sponsored under the Tier 2 Visa scheme per year. This comes at a reduced cost of £364 per year for charities and qualifying small businesses.

 

What are the different types of Tier 2 Visa in the UK?

There are four different subcategories of Tier 2 Visa, which are as follows:

Tiers 2 Visa for Skilled Workers

The UK has a broad spectrum of skilled worker classifications, ranging from healthcare professionals to professional sports players. Whilst there is usually an income requirement associated with a Tier 2 Visa, some sectors in the UK experience continuous skill shortages, so in a bid to combat this, the UK government have made slight adjustments to the legislation.

For example, the NHS continues to face shortages of doctors and nurses. In England alone, there are over 40,000 nursing vacancies, which has prompted legislative action to increase nursing numbers for safe and effective care to continue. In order to reduce these shortages, the government has made a minimum salary exemption for nurses and other skilled workers on Tier 2 visas, making more prospective applicants eligible for this visa category. This also applies to migrant teachers, paramedics and some categories of engineers, as well as a number of other professions. The hope is that these exemptions and reductions in the minimum wage requirement will encourage more overseas professionals to migrate to the UK to live and work specifically in professions where they are most needed to fulfil the mist pressing shortages of skills.

 

How Long Can a Tier 2 Visa be Issued For?

You can come to the UK with a Tier 2 visa for a maximum of 5 years and 14 days, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter. You can enter the UK using your Tier 2 Visa up to 14 days before the start date on your certificate of sponsorship.

Applying for a Tier 2 Visa Extension

If you already have a Tier 2 Visa and you would like to remain in the UK after the 5 years are up, you must apply for a visa extension. If you have any dependents on your visa, such as children, siblings or a spouse, then it’s important to ensure that they are also included on your extension application if they are still a dependent.

You will be eligible to apply for a Tier 2 Visa extension if you meet the following criteria:

  • You have remained at the same company as when you were previously granted your work visa
  • You are still earning an ‘appropriate salary’ (£30,000 or above depending on the industry/experience level)
  • You still meet the eligibility requirements

Switching from a Tier 4 to a Tier 2 Visa

Tier 4 Visa, also known as the UK Student Visa is applicable when a non-UK resident receives an offer of a place at a UK university. Many international students choose to live and work in the UK after completing their studies, and so switching from a Tier 4 Visa to a Tier 2 Visa is a common occurrence, and a natural progression in your UK residency status.

Any non-EEA resident must apply to switch from a Tier 4 Study Visa to a Tier 2 Skilled Worker visa in order to continue to reside in the UK after completing their studies. In order to switch visa, you must first complete your course within a Tier 4 sponsor institution and must graduate with one of the following qualifications:

  • UK Bachelors degree
  • PGCE
  • PGDE
  • Completed 12 months of PhD

How long does the process take?

The decision time depends on the service that you use. Using the standard service, it can take up to 8 weeks to hear if your application has been approved. Using the priority service will take up to 5 working days and will involve a UKVCAS appointment. There is also an option to use the super priority service, where a decision can be made by the end of the next working day after your UKVCAS appointment, which can be used in the case of emergencies or those needing an urgent decision.

As with any visa application, complications may arise. Switching to a Tier 2 Visa can be more complicated if your supporting documents need to be verified, if you need to attend an interview or if you have an existing criminal conviction in your country of origin, in the UK, or elsewhere in the world. It’s always best to take professional advice when switching visa categories as having any UK visa application rejected, even for something that may seem trivial such as miss-filled paperwork, can cause considerable complications in future visa applications.

 

How can IAS help you apply for a Tier 2 Visa?

As part of our bespoke application service, you will be assigned a Tier 2 Visa lawyer who suits your needs and the nature of your case. This lawyer will have a vast amount of experience in making successful Tier 2 applications on our clients’ behalf.

After confirming you are eligible for a Tier 2 Work Visa, your appointed lawyer will advise you on how to gather the correct documents for the application and will then file them into a comprehensive application portfolio that’s compatible with the format used by the UK government. They will then submit this to the Home Office along with the completed application documents, and a detailed Letter of Representation. This letter is written by them, pleading your case and its merits directly to UKVI.

IAS will manage the application from start to finish, ensuring it is as thorough as possible to give you the best chance of success. To find out more about the requirements, or to start the Tier 2 Visa application process, call us today on 0333 363 8577. You can also get in touch using our online contact form.

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Frequently Asked Questions

The first step to applying for a UK Work Permit will be to find a job in the UK with a company who is able to sponsor your visa application. The UK government has a list of businesses with a Sponsor Licence who can employ overseas workers.

The company must complete a Resident Labour Market Test, meaning the job must be advertised in two places for at least 28 days before it can be offered to applicants from outside the EEA. Once this test has been passed, your employer will be able to apply for your Certificate of Sponsorship.

After your CoS has been granted, you will be able to start your Tier 2 Visa application.

To apply for a Tier 2 Visa UK, you will need to meet the 70-point requirement by having:

  • 50 points for a job offer and a Certificate of Sponsorship;
  • 10 points for proof of English language ability; and
  • 10 points for adequate maintenance funds – the amount of maintenance required changes if you are applying with dependents.

You must hold all 70 points to have a chance at receiving a Tier 2 Visa.

The Tier 2 (General) Visa has a minimum salary requirement which is typically held at £30,000. This threshold, however, is dependent on the job and the level of experience required. For example, the threshold for graduates is more commonly £20,800 per year.

The salary requirement for each particular job will be relevant to the Codes of Practice outlined by the Home Office.

The current three-year Tier 2 Visa application fee is £610 for most out of country applications and £704 for in-country switching or extending.

For jobs on the Shortage Occupation List, the fees are slightly lower, at £464 for out- and in-country applications.

Those entering the country to work will be entitled to bring their spouse and/or children on a Tier 2 Dependent Visa. The fees and maintenance requirements for the Tier 2 application will change with each dependent.

Spouses in the country on a Tier 2 Dependent Visa have the same rights to work as the Tier 2 applicant. However, they will not need to show that they have a job offer before making their application.

Typically, this visa lasts for three years. However, you can apply for a Tier 2 Visa for up to five years if the company has agreed to sponsor you for that long. Applicants can apply for a Tier 2 extension once it is set to expire but only as long as their stay totals a maximum of six years.

To renew your visa, you will need to be working for the same company as in the original application. You will be able to renew your visa if your job title/description has changed as long as the Home Office was informed of these changes when they were made.

Migrants with five years’ continuous residence in the UK will then be eligible to switch from Tier 2 to ILR.

One of the main requirements of this visa is that your employer is a licenced sponsor of Tier 2 workers. You will need to show this in your visa application and provide proof through your Certificate of Sponsorship (CoS).

The CoS is not a physical document but a reference number that must be included in your application.

Should your company have its Sponsor Licence revoked while you are an employee there, you will need to find a new sponsor and reapply for your visa.

If you are already in the UK on a Tier 2 Work Visa and would like to change jobs, you will need to make a fresh Tier 2 Visa application. Your new employer will also have to be a registered sponsor who is able to provide you with a new Certificate of Sponsorship.

Because of the time limits surrounding the Tier 2 application, it is recommended that you find another job before leaving your old one. This will allow the most time for your application to be processed.

Find out more about the Tier 2 Change of Employment process.

Most other visa categories require you to leave the UK before applying for a Tier 2 Visa.

If you are studying on a Tier 4 Visa, there will be a chance for you to apply for a Work Permit which bypasses the Tier 2 Visa cap. Tier 4 students will need to meet the ‘new entrant’ salary limit of £20,800 and must be sponsored by their employer but have more freedom as their visas will not be as limited as applicants with a restricted CoS.

Find out more about switching from Tier 4 to Tier 2.

There are four subcategories for different types of professionals.

These include:

If you would like more information on which category would be best for you, use our Visa Wizard or call us on 0333 363 8577.

Whether you are an applicant or an employer, IAS has a wealth of experience in securing Tier 2 Visas. Our UK-wide offices are staffed by a highly-skilled team of experienced immigration lawyers who are fully equipped to advise you on your UK immigration options.

With two offices in London, we are also one of the most respected immigration companies in the capital. Our corporate immigration lawyers are highly equipped to help you get your Work Permit for London.

Our services include:

  • confirming that all documents are adequate before submitting the application;
  • preparing a detailed Letter of Representation;
  • managing contact with the Home Office during the application process;
  • facilitating the assignment of the Certificate of Sponsorship;
  • ensuring the Resident Labour Market Test is undertaken correctly; and
  • completing the application form to a highly professional standard before submitting it.

Contact us now on 0333 363 8577 or make an enquiry online to receive expert advice on your options from one of our immigration lawyers.