Tier 2 Visa
Tier 2 immigration category is a route for highly skilled workers sponsored by their employer. In the past, this type of visa was called Work Permit. It is still sometimes referred to under this name.There are four sub-categories of Tier 2 visa:
- Tier 2 (General) for highly skilled migrants with a job offer in the UK;
- Tier 2 (Intra-company Transfer) – for senior employees of multi-national companies who are being transferred to a UK-based affiliate or branch of the employer;
- Tier 2 Sportsperson;
- Tier 2 Minister of Religion.
It is very important that the application is prepared correctly because the certificate of sponsorship can only be used once. Any irregularity or mistake in the application process may result in a refusal of the application.
Tier 2 General is the route for skilled workers who have a job offer from a UK-based employer. The employer is called “the sponsor” and the job is called a “sponsored job”.
You can find a list of skilled jobs suitable for sponsorship in Table 2 of Appendix J to the Immigration Rules. In addition to this, there is a list of PhD level jobs also suitable for Tier 2 sponsorship. Jobs listed in the shortage occupation list in Appendix K can be sponsored independently of the skills level.
The sponsor, in other words, the employer, has to assign to the worker a “certificate of sponsorship”. To be able to do this, the employer has to have a sponsor licence. There is a list of registered licence holders, but if your prospective employer is not on this list they may consider applying for a licence. This is something we can help with.
The certificate of sponsorship confirms the personal details of the employee, the proposed job title, the relevant skills level, whether the resident labour market test was met and the salary. Relying on this certificate of sponsorship the employee makes an application for entry clearance (in other words, for a visa) or for leave to remain (the same application made within the UK).
Only your employer can issue a certificate of sponsorship, so if you are looking for one the first thing to do is to find a job.
In addition to the certificate of sponsorship from the prospective employer, you will need to show knowledge of English. This requirement is met for nationals of majority English speaking countries or graduates with a degree from a UK based University. Otherwise, there is a prescribed language test to B1 level. You may also be able to rely on a degree from an overseas university recognized by NARIC where tuition was in English.
In addition, there is a requirement to show sufficient maintenance funds which is £945 held in a bank account for a continuous period of 90 days. However, the employer can certify maintenance when assigning the certificate of sponsorship to the employee. Most employers would willingly accommodate this, and we recommend doing so to avoid any unnecessary complications.
Generally, the minimum pay requirement for a sponsored job is £30,000 per year. However, each occupation has its own prescribed minimum salary. These occupation-specific thresholds are assigned to SOC codes and can be found in Appendix J of the Immigration Rules. Where the occupation-specific minimum salary is higher than £30,000, the higher figure applies.
An exception applies to the so-called “new entrants”. This option is available on completion of studies in the UK (although not in every possible scenario) or if the employee is under the age of 26 at the time of making the visa application.
The minimum pay for a new entrant is £20,800 or as prescribed in Appendix J for the specific occupation, whatever is the higher. A new entrant can only be sponsored for up to three years. After that, the experienced worker rate will apply.
Tier 2 migrants are entitled to bring their spouse or unmarried partner and children to the UK. No other dependants are allowed. Dependants of Tier 2 migrants can work in the UK without any restrictions. However, they cannot switch in-country to any other category and have no independent right to remain in the UK if the main visa-holder leaves the country.
With the exception of Tier 2 ICT migrants, Tier 2 visa holders are entitled to indefinite leave to remain in the UK after five years of continuous residence.
There is a limit on permitted absences during the five-year period. Absences of more than 180 days in any 12 months are not allowed even if they were related to the sponsored employment.
The five years can include time spent in the UK as a representative of an overseas business, as a Tier 1 migrant, except for Post-Study Work, as an innovator or a global talent migrant.
An alternative option is indefinite leave to remain on the basis of long residence which is available if you have been living in the UK lawfully for a period of 10 years in any combination of immigration categories. Long residence rule also has a restriction on absences but it is calculated differently – you shouldn’t have been absent for more than 180 days continuously or for more than 540 days in the overall period of ten years.
It is important to be aware of the good character requirement for ILR applications – even minor driving offences or offences leading to warnings or court fines are taken into account and may delay the entitlement.
For applications made after 6 April 2019, the minimum pay requirement for ILR is £35,800. This figure was supposed to go up on 6 April every year, but it was frozen at this level and did not go up in 2020.
You may be confused by the Home Office guidance published in July 2020 which still erroneously refers to the £36,200 threshold for applications made after 6 April 2020. This is a mistake and the correct information can be found in the immigration rules, paragraph 245HF(d)(vi)(3) and (4).