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TIER 2 WORK VISAS 

Are you a highly skilled worker wishing to live and work in the UK?  Our professional immigration team can help you acquire a Tier 2 Visa in order to do this. 

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This visa allows UK employers to hire foreign nationals as workers, in order to fill the job positions that cannot be filled by British or settled persons.  Applicants must score the required 70 points against the Points Based Eligibility Criteria including the maintenance requirement, appropriate salary, and the holding of a valid Certificate of Sponsorship (CoS). 

 

 

The 4 subcategories of this visa are as follows:

 

Tier 2 (General) Visa: Most non-EEA  highly skilled migrants coming to the UK will come via this route. This visa allows non-EEA nationals to come to the UK to fill shortage occupations and other skilled positions. Eligible applicants may stay in the UK for a maximum period of 5 years and 14 days , or the time given on theirCertificate of Sponsorship (CoS).   

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Tier 2 (Sportsperson) Visa:  This visa permits International sporting professionals or qualified coaches whose activities make a significant contribution to the development fo their sport in the UK, to take up sporting roles in the UK. Applicants can apply for this visa if they have been recognised  as an elite member of their profession by  their sport’s governing body.   Eligible applicants may stay in the UK for a maximum of 3 years .  

 

Tier 2 (Minister of Religion) Visa: This visa allows persons in religious offices (Including missionaries and members of the religious order) to come to the UK in order to undertake full time religious and pastoral work in the UK as a minister of religion, missionary or other religious worker.  Applicants may apply for this visa if they have trained for their role, and undertaken a full year of relevant ministry training. Eligible applicants may stay in the UK for a maximum of 3 years and 1 month.  

 

Tier 2 (Intra Company Transfer) Visa:  This visa allows non EEA and non-Switzerland nationals who work for an existing overseas  multinational company  to  be transferred to a role in a UK branch for a limited or temporary time.  Graduates receiving short-term training may also apply for this visa. There are therefore two subcategories within this visa type-

 

The Long-term staff Intra-company Transfer (ICT) Visa :   This visa is for those who have been working for their organisation for at last 12 months prior to their transfer to the UK. Those eligible for this visa can stay in the UK for up to 5 years. 

 

Graduate Trainee Intra-company Transfer (ICT) Visa:  This visa is specifically for recent graduate recruits being transferred to a  graduate trainee programme in a UK branch of their organisation in order to undertake a specialist role. Eligible applicants may stay in the UK for a maximum of 12 months.  

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How We Can Help:

 

• We can help you ascertain whether the role you are applying for, will be eligible within the Tier 2 visa categories. 

• We can check and assist you in completing your application and ensuring that you meet the requisite criteria, depending on which Tier 2 Visa category you are applying for, undertaking an extensive document check. 

• We can arrange and organise your Certificate of Sponsorship, liaising with your UK sponsor or governing body.

• We will ensure that your prospective employer has correctly undertaken the ‘Resident Labour Test’.

• We can provide a letter Representation to support your application. 

• We can assist you if you need to make a ‘change in your employment’ application, for example,  if you hold a Tier 2  and you have a new employer/sponsor or there has been a change to your core duties within the same employment. 

• We can assist you in an application to extend your Tier 2 Visa, should you wish to remain in the UK after the expiration of your leave to remain, and can guide you on your eligibility of any such application, ensuring you meet the relevant criteria. 

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An Overview of The Tier 2 Work Visa:

ELIGIBILITY REQUIREMENTS:

The Tier 2 (General) Visa

To be eligible for the Tier 2 visa (General) Visa,  applicants must demonstrate the following:

 

  • They must have a job offer from a UK based company and  their employer must be a licensed sponsor of Tier 2 worker, and hold a valid licence.

  • They must possess a Certificate of Sponsorship (CoS) from a licensed sponsor.

  • They must be able to support themselves and their family without recourse to public funds, having personal savings to support themselves when they arrive in the UK.

  • They will usually need to be paid an annual salary of £30,000 per year, or an ‘appropriate rate’ for the job they are offered. Exceptions do exist however, for example, if you will work as a medical radiographer, nurse, paramedic or secondary school teacher. 

  • They must meet the specific English Language Requirements.

  • They must be over the age of 16 at the day of the application.

  • They must pass the ‘Genuine Vacancy Test’-  and their skills must be appropriate for their role in the UK.

  • Their prospective employer must also complete a ‘Resident Labour Market Test’ (advertising the job in two places for at least 28 days) before the position can be offered to applicants from outside the EEA. 

  • Have had a Tuberculosis test, (if a national from a listed country). 

  • You will need to also demonstrate your travel history over the last 5 years.

WHAT YOU CAN DO:

  • You are permitted to study, provided it does not interfere with the job you have been sponsored for. 

  • You are permitted to bring family members with you to the UK.

  • You are permitted to travel abroad, and return to the UK

  • Applicants are only permitted to work for their sponsor and in the job recorded on their CoS.

  • You  may  also do voluntary work in any sector (provided  you are not paid for that work), and may be permitted to undertake supplementary employment, if :

 

  1.  You have begun your employment for which you have been sponsored for.

  2. The position is included on the Shortage Occupation List 

  3. Your second job is a role in the same profession and at the same professional level as the work your CoS was assigned for. 

  4. Your second employment is no more than 20 hrs a week. 

  5. Your second job is outside the regular working hours of your primary occupation. 

 

If your second job does not meet this criteria, you will need to apply for a new visa and be sponsored by your second employer in order to take up this secondary employment.

 

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SWITCHING

It may be possible to switch to a Tier 2 Visa  so long as you are a non-EEA national, and you are switching from the following visa categories:

 

  • Tier 1 visa

  • Tier 4 visa -  so long as you have  an eligible qualification ( UK Bachelor Degree, PGCE, PGDE) or, will complete your course in 3 months, or you’ve done at least 12 months of a PhD during your most recent stay in the UK.

  • Start-up visa

  • Innovator visa

 

You can also switch to a Tier 2 (General) visa if you are :

  • a dependent partner of someone with a Tier 4 visa.

  • a representative of an overseas business.

 

 

And may also switch to a Tier 2 (General) Visa from other Tier 2  Visa sub categories; 

  • Tier 2 (Sportsperson) visa

  • Tier 2 (Minister of religion) visa

  • Tier 2 (Intra company Transfer) visa, provided your visa was granted under the Immigration Rules in place before 6 April 2010 and you are  applying to change sponsor

ELIGIBILITY REQUIREMENTS

The Tier 2 (Sportsperson) Visa

To be eligible for this visa you must: 

 

  • Be an elite sportsperson or qualified coach.

  • Be recognised by the governing body at the top level of your profession.

  • Your governing body must be eligible to employ foreign workers and willing to endorse your application.

  • Your impact through your employment must positively impact your sport in the UK at an international level. 

  • You will need to also demonstrate your travel history over the last 5 years.

  • Have had a Tuberculosis test, (if a national from a listed country). 

WHAT YOU CAN DO: 

You are permitted to study, so long as it does not interfere with the job you have been sponsored for.

Travel abroad and return to the UK.

You are permitted to bring family members with you.

You are permitted to do unpaid voluntary work

You can do supplementary work for a second employer if you are not working more than 20 hrs a week and the job is:

 

In the same profession as your main job

Or is a profession on the Occupation Shortage List.

 

However, your second job may not impact your role as a Sportsperson, and you must not begin your supplementary job until you have begun working with your registered sponsor.

SWITCHING

You may switch into the Tie 2 (Sportsperson) Visa, from within the UK, if you possess a UK visa under the following visa categories:  

  • Tier 1 visa

  • Tier 2 (General) visa

  • Tier 2 (Minister of Religion) visa

  • Tier 2 (Intra-company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you are  applying to change sponsor

  • Tier 4 visa - if you have an eligible qualification  (UK Bachelor Degree, PGCE, PGDE) or you’ve done at least 12 months of a PhD during your most recent stay in the UK. 

  • Tier 5 (Temporary Worker - Creative and Sporting) for a job as a professional footballer.

  • Start-up visa

  • Innovator visa

 

 

You can also switch to this visa if you meet the eligibility requirements and you are a:

  • dependent partner of someone with a Tier 4 visa.

  • representative of an overseas business.

ELIGIBILITY REQUIREMENTS

The Tier 2 (Mnister of Religion)Visa

To be eligible for this visa, you must have been offered a employment position within the faith community for example, 

  • As a missionary or

  • As a religious worker

 

  • You must possess a Certificate of Sponsorship (CoS) and your sponsor must be a registered Tier 2 UK Sponsor, who is licensed to hire foreign nationals.

  • You must meet the English Language Requirements

  • You must demonstrate that you have enough maintenance funds to support your travel and any dependents you are taking with you to the UK. 

  • Have had a Tuberculosis test, (if a national from a listed country). 

  • You will need to also demonstrate your travel history over the last 5 years. 

WHAT YOU CAN DO:

You are permitted to bring dependent family members with you to the UK. 

You are permitted to study so long as it does not interfere with the job you have been sponsored for. 

You are permitted to travel abroad and return to the UK.

You are permitted to undertake unpaid voluntary work.

You may also undertake a second job, so long as you do not work more than 20 hours a week in this employment. Your second job will also need to be either,  in the same profession as your main job or a profession on the Shortage Occupation List.  Your second job cannot negatively impact your visa sponsored job. Should your second job fail to meet this criteria, you will  need to apply for a new visa,  be sponsored by your second employer and obtain a new certificate of sponsorship.

SWITCHING:

You may switch into the Tier 2 ( Minister of Religion) Visa within the UK,  if you meet the eligibility requirements of this visa category and have leave to remain in the UK under the following visa schemes:

 

  • Tier 1 visa

  • Tier 2 (Sportsperson) visa

  • Tier 2 (General) visa

  • Tier 2 (Intra-company Transfer) visa, under the Immigration Rules in place before 6 April 2010 and if you are applying to change sponsor

  • Tier 4 visa - if you have an eligible qualification (UK Bachelor Degree, PGCE, PGDE) or you’ve done at least 12 months of a PhD during your most recent stay in the UK. 

  • Start-up visa

  • Innovator visa

 

You can also switch to this visa if you meet the eligibility requirements and you are: 

  • a dependent partner of someone with a Tier 4 visa

  • a representative of an overseas business

ELIGIBILITY REQUIREMENTS:

The Tier 2 (Intra-Company Transfer) Visas

To be eligible for this visa you must: 

 

  • Meet the maintenance threshold, generally a minimum salary of £41, 500 (long terms-staff) or £23,000 (for graduate trainees). The minimum requirement will vary, and is dependent on your individual circumstances.

  • Possess a valid certificate of sponsorship.

  • Possess personal savings to support yourself in the UK.

  • Be able to prove that you have worked for your employer outside the UK for at least 12 months (longterm staff) or have at least 3 months experience with your overseas employer (Graduate trainees).  Note if the organisation is paying you at least £73, 000 annually, you do not need to satisfy this requirement.

  • Have had a Tuberculosis test, (if a national from a listed country). 

  • Be able show you can travel and your travel history over the last 5 years

WHAT YOU CAN DO:

  • You are permitted to study so long as it does not interfere with your job. 

  • You are permitted to travel and return to the UK.

  • You are permitted to do unpaid voluntary work 

  • You are permitted to bring family members with you to the UK.

  • You are permitted to do supplementary work or have a second job that is within the same profession at the same level of skill, up to a maximum of 20 hrs per week. 

SWITCHING:

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You  may not switch into the Graduate Trainee Visa category. In exceptional circumstances,  and should you meet the requirements, it may be possible to switch from a Tier 2 (Long-term staff) ICT Visa if 

 

  1. You hold a valid visa under the Representative of an Overseas Business visa (this includes representatives of overseas media companies) and 

  2. You are still working for the same employer named on your previous application. 

 

The Cooling Off Period-:

 

If you have previously had a Tier2 ICT visa, you are normally required to leave the UK on the expiration of your visa and will not normally be able to return to the UK under the same category  until 12 months after you have left the UK. This condition is known as the ‘cooling offer period’.  In most cases there will be a ‘cooling off period’ of 12 months  before you can apply to re-enter the UK under this category. Exceptions do apply, however, for Applicants earning a gross salary of £120,000. You will  also be exempt from the cooling off period criterion, if you have previously had leave under the Tier 2 Graduate Trainee visa category and are returning to the UK in the Tier 2 (Long-term staff) ICT visa. 

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