Understanding the complexities of UK immigration can be challenging, especially when it comes to specific visa categories like the Tier 2 Visa. In this comprehensive guide, we, at Primus Solicitors, aim to break down the Tier 2 Visa, providing you with essential information to ease your application process.

What is a Tier 2 Visa?

The Tier 2 Visa (General) category is designed for individuals who have received a job offer in the UK and are sponsored by employers authorised by UKVI. This pathway is a fundamental component of the UK immigration system for skilled workers seeking employment opportunities in the United Kingdom.

Tier 2 Visa Types	Purpose
General	For individuals offered a skilled job in the UK
Intra-Company Transfer	For multinational company transfers
Minister of Religion	For those offered a job within a faith community
Sportsperson	For elite sportspeople and coaches

These categories highlight the UK’s aim to attract global talent in diverse fields, from business to sports and religion.

Eligibility Criteria for Tier 2 Visa

Meeting the eligibility criteria is crucial for a successful Tier 2 Visa application.

The general requirements include:

Job Offer: Applicants must have a job offer from a UK employer with a valid Tier 2 sponsorship license.
Certificate of Sponsorship: A certificate issued by the employer, detailing the role and its compliance with the visa requirements.
Salary Threshold: The job must pay an appropriate salary, meeting the minimum threshold set by the UK government.
Language Proficiency: Proficiency in English is a must, evidenced through approved tests or qualifications.

Each visa type within Tier 2 has additional specific criteria, tailored to the nature of the job and the applicant’s professional background.

The Application Process for Tier 2 Visa

The application process for the Tier 2 Visa is a comprehensive procedure that demands attention to detail at every stage. It’s a journey that begins with securing a job and culminates in obtaining the visa. Let’s explore each step in more depth.

1.Secure a Job Offer

The initial step in the Tier 2 Visa application is obtaining a job offer from a UK employer who holds a valid sponsorship license. This employer must be authorised by the UK government to hire foreign nationals. The job offer should align with the applicant’s skills and qualifications and must meet the appropriate salary threshold as set by the UK immigration rules.

2.Certificate of Sponsorship

Once a job offer is secured, the next critical step is obtaining a Certificate of Sponsorship (CoS) from the employer. This is not a physical document but a unique reference number. The CoS confirms that the employer is offering a genuine role and that the applicant is suited for the job. It also indicates that the role fulfils the visa requirements, including salary and skill level.

3.Prepare Necessary Documents

Applicants must gather a range of documents to support their visa application. These include a valid passport, proof of English language proficiency (like IELTS or an equivalent test), and bank statements showing sufficient funds to support themselves in the UK. It’s important to ensure that all documents are current and correctly reflect the applicant’s information.

4.Visa Application

The actual visa application is completed online. Applicants must fill in their details accurately, reflecting the information in their documents and CoS. Any discrepancies can lead to delays or rejections. The application form requires personal information, details about the job offer, and the CoS reference number.

5.Immigration Healthcare Surcharge (IHS Fee)

As part of the application process, applicants are required to pay a healthcare surcharge. This payment grants them access to the UK’s National Health Service (NHS) during their stay. The surcharge amount varies depending on the visa length.

6.Biometrics and Interview

The final steps involve attending an appointment to provide biometric information (fingerprints and a photograph) and, if necessary, participating in an interview. This stage is critical for verifying the applicant’s identity and confirming the details provided in the application.

Each of these steps must be approached with diligence and thoroughness to ensure a smooth application process and increase the chances of a successful Tier 2 Visa grant.

What Happens If You Lose Your Job on a UK Skilled Worker Visa?

Losing your job while on a UK Skilled Worker Visa can be daunting, but understanding your next steps is crucial. Your current visa status is tied to your employment, so without an active job, you must take action to maintain your right to stay in the UK.

Here’s what you need to know:

Immediate Action: As soon as your employment ends, your sponsor (employer) is obligated to notify the Home Office. This will likely lead to a curtailment of your visa, meaning you’ll be given a new, shorter deadline to either leave the UK or switch your visa type.
Explore Visa Options:
- Switch to a Different Visa: If you’re eligible, you might consider switching to another type of visa that suits your new circumstances. Options could include family visas, student visas, or even starting your own business.
- Apply for a New Skilled Worker Visa: If you secure a job offer from a UK employer with a valid sponsorship license, you can apply for another Skilled Worker Visa.
Stay While Applying: If you decide to switch visas or apply for a new one, you are typically allowed to stay in the UK while your application is being processed. This provides you some breathing room to get your affairs in order.
Timeline Awareness: It’s vital to act swiftly. The timeframe depends on when your current visa is curtailed. Keeping track of any communications from the Home Office will help you stay within your legal rights.

Don’t forget to seek advice from a qualified immigration advisor or solicitor to guide you through the process and ensure you’re taking the best steps for your situation.

Tier 2 Visa Fees

The visa fee depends on the type of visa, the length of stay, and whether you are applying from inside or outside the UK.

Visa Type	Fee (Outside UK)	Fee (Inside UK)
General/Sportsperson/Minister	£610 – £1,408	£704 – £1,408
Intra-Company Transfer	£610 – £1,408	£704 – £1,408

Note: These fees are subject to change and should be verified on the official UK government website.

Tier 2 Visa Processing Time

The standard processing time for Tier 2 Visas is around 3 weeks when applying from outside the UK. Applications made within the UK can take up to 8 weeks. Expedited processing (priority service) may be available for an additional fee.

Duration and Extensions of Tier 2 Visa

Understanding the duration and possibilities for extension of the Tier 2 Visa is crucial for planning your stay in the UK.

Tier 2 Visa Duration

The Tier 2 Visa is typically granted for the length of the employment contract plus 1 month, up to a maximum of 5 years.

T2 Visa Extensions

T2 Visa holders can apply for an extension, but the total stay should not exceed 6 years. The extension application must include:

Current employment details and salary.
A new certificate of sponsorship if changing employers.

Aspect	Details
Initial Duration	Length of contract + 1 month, up to 5 years
Extension Limit	Total stay can’t exceed 6 years
Extension Criteria	Employment details and sponsorship certificate

Being informed about these aspects ensures a smooth experience during your tenure in the UK.

Working in the UK under Tier 2 Visa

The Tier 2 Visa allows non-EEA nationals to work in the UK but also comes with specific rights and restrictions that are essential to understand.

Employment Rights

Work Authorisation: Tier 2 Visa holders are authorised to work for their sponsor in the job described in their visa application.
Additional Work: Under certain conditions, visa holders may take up supplementary employment.
Salary Expectations: The salary must meet or exceed the threshold as per the visa guidelines and the type of job.

Employment Restrictions

Limited Switching of Jobs: To change jobs, Tier 2 Visa holders need a new Certificate of Sponsorship and may have to apply for a new visa.
No Access to Public Funds: Visa holders are not entitled to most public funds (benefits).

Rights	Restrictions
Authorised work	Limited job switching
Supplementary employment (conditions apply)	No access to public benefits

Adherence to these guidelines is crucial to maintain your Tier 2 Visa status.

Tier 2 Visa and Dependents

Tier 2 Visa holders can bring family members to the UK, but there are specific rules to be aware of.

Immigration Rules on Bringing Family Members to the UK

Eligible Dependents: Spouses, partners, and children under 18 can join or accompany the visa holder to the UK.
Financial Requirement: Visa holders must demonstrate they can support their dependents without accessing public funds.

Rights of Dependents

Work and Study: Dependents can work and study in the UK, but some restrictions apply.
Access to NHS: Dependents have access to the National Health Service (NHS) but must pay the health surcharge.

Eligibility for T2 Dependents Application

Spouses, partners, and children under 18 are eligible for the Family Visa in the UK.

Financial Support available to T2 Visa Holders

Applicants for this visa must demonstrate that they can financially support their dependents in the UK without relying on public funds or government assistance.

Visa Holder’s Rights

Holders of the Family Visa in the UK have the following rights:

The right to work in the UK.
The right to study in the UK.
Access to healthcare services through the National Health Service (NHS)

Understanding these regulations helps ensure a smooth transition for families relocating to the UK under a Tier 2 Visa.

Switching from Other Visas to Tier 2

For individuals currently in the UK on different visa categories, switching to a Tier 2 Visa is a viable option, subject to certain conditions.

Eligibility for Switching

Current Visa Categories: Not all visas are eligible for switching to Tier 2. Common eligible categories include Tier 4 (Student) and Tier 5 (Temporary Worker).
Job Offer and Sponsorship: Applicants must have a job offer from a Tier 2 licensed sponsor.

Process and Requirements

Application Within the UK: Switching to a Tier 2 Visa must be done within the UK before the current visa expires.
Meeting Tier 2 Criteria: Applicants must meet all the standard Tier 2 Visa requirements, including the salary threshold and English language proficiency.

Aspect	Details
Eligible Visas	Tier 4, Tier 5, among others
Application	Must be done within the UK
Tier 2 Criteria	Job offer, sponsorship, salary, language skills

Switching to a Tier 2 Visa requires careful planning and adherence to the specific criteria.

Common Challenges and Solutions in Tier 2 Visa Applications

Applying for a Tier 2 Visa can be challenging, but being aware of common issues can help streamline the application process.

Common Challenges

Documentation Errors: Inaccurate or incomplete documentation is a common reason for visa application delays or rejections.
Meeting the Salary Threshold: Ensuring the job offer meets the minimum salary requirement can be challenging for some applicants.
Navigating the Sponsorship Process: Finding an employer with a valid Tier 2 sponsorship license and understanding their role can be complex.

Solutions and Tips

Thorough Documentation: Double-check all documents for accuracy and completeness.
Salary Verification: Confirm the job offer meets the Tier 2 salary requirements.
Understanding Sponsorship: Research potential employers’ sponsorship capabilities and understand their responsibilities.

Challenges	Solutions
Documentation errors	Ensure accuracy and completeness
Salary threshold	Verify job offer meets requirements
Sponsorship process	Research and understand employer’s role

Addressing these challenges proactively can significantly improve the chances of a successful Tier 2 Visa application.

Understanding Travel Restrictions on a Skilled Worker Visa

If you’re on a Skilled Worker Visa and looking to achieve Indefinite Leave to Remain (ILR) in the UK after five years, it’s essential to understand the limits on time spent outside of the UK.

To maintain your eligibility, you must ensure that your stay outside the UK does not exceed 180 days within any rolling 12-month period across those five years. This restriction helps demonstrate your continuous residence—a key requirement for ILR.

Key Points to Remember:

180-Day Rule: You can be away from the UK for no more than 180 days in each year of the five-year qualifying period.
Continuous Residence: Staying within this limit helps prove your ongoing, continuous ties to the UK.
Plan Wisely: Keep careful track of your travels to ensure you’re within these parameters, as exceeding the limit can compromise your ILR application.

By adhering to these guidelines, you’ll be on track to meet the residency requirements for ILR while enjoying the flexibility to travel during your stay.

Conclusion

In this guide, we have explored the intricacies of the UK Tier 2 Visa, aiming to provide you with a clear and informative pathway through the application process. From understanding what a Tier 2 Visa is, to navigating the application process, eligibility criteria, and understanding the impact of Brexit, we’ve covered the essential aspects to help you on your journey to working in the UK.

Remember, while the process may seem daunting, with the right preparation, understanding of the requirements, and Legal Guidance from Expert UK Immigration Solicitors, your goal of obtaining a Tier 2 Visa is possible.

If You Are in Need of Immigration Assistance, Don’t Hesitate to Call to Our Immigration Team!

Primus’ T2 Visa Frequently Asked Questions – (FAQ’s)

Q: What is the minimum salary requirement for a Tier 2 Visa?

A: To qualify for settlement, a Tier 2 Worker’s annual salary must be a minimum of £26,200 and meet or exceed the going rate specified for the occupation code. However, it’s important to note that as of Spring 2024, this threshold may rise to £38,700, as proposed by Prime Minister Rishi Sunak.

Q: Can I bring my family on a Tier 2 Visa?

A: Yes, spouses, partners, and children under 18 can apply as a dependant to join you in the UK.

Q: How long does it take to process a Tier 2 Visa application?

A: Typically, it takes around 3 weeks when applying from outside the UK, and 8 week for applicants in the UK, however these time frames are subject to Home Office Time delays.

Q: Can I switch from a Student Visa to a Tier 2 Visa?

A: Yes, if you meet the eligibility criteria and have a job offer from a licensed sponsor, You can switch form a Student Visa to a T2 Worker Visa.

Q: How has Brexit affected the Tier 2 Visa?

A: Brexit introduced a points-based system, applying the same rules to EU and non-EU citizens.

This concludes our guide on the UK Tier 2 Visa. We hope this information proves invaluable in your journey towards working in the UK. If you have any more questions or need further assistance, don’t hesitate to reach out to our team at Primus Solicitors.

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