The Tier 2 working visa allows a migrant to be sponsored by an employer in the UK. The visa category is broken down into 4 segments, which includes the Tier 2 General, Tier 2 Intra-Company Transfer, Tier 2 Minister of Religion and Tier 2 Sportsperson.
Finally, the business and commercial work permit remains for limited migrants to apply under and limited employers are permitted to apply under these working visas.
The purpose of the Tier 2 working visa is to allow skilled workers to come and fill a vacancy that could not be filled by a UK resident person. It also allows those in the UK to switch into the Tier 2 visa, however the immigration policy does restrict who can switch in the UK. The aims of that policy are to be flexible and prevent abuse within the immigration policy.
The requirement of the visa is to apply for a genuine skilled employment, meet the skilled employment threshold as set out by the immigration rules and must hold a valid certificate of sponsorship, which are issued by the employer.
Skilled Worker Visas
The Skilled Worker Visas is the replacement of the Tier 2 working visas. The employer must hold a sponsor licence to employ anyone from outside of the UK. Both EEA nationals and non-EEA nationals must apply under this route post 1st Jan 2021. You can read more details about this by clicking here.
Those holding Tier 2 visas, will continue under this category, and can continue to extend and apply for settlement.
How to apply for the Tier 2 working visa
Once you have applied for a role or have been head-hunted, your potential employer will need to have satisfied the requirements of the resident labour market test.
In some cases, these are not applicable and depend on the category you intend to apply under. Your employer in most cases will tell you, however as immigration policies changes, you need to check prior lodging an immigration visa application.
Where your employer sends you an offer of employment, you will need to check the contents of the employment contract and once you have agreed to join them, then they would normally make the necessary arrangements to apply for a paper free working visa also known as the “certificate of sponsorship”.
The process of applying for the certificate of sponsorship will differ between categories and employment. You do not need to do anything, as your employer will complete that process. If however, they do not understand what needs doing, your employer can speak to ICS Legal, who can advise and manage that process, to ensure there are no delays or a rejection of the certificate of sponsorship. Your employer will need to contact us on firstname.lastname@example.org, or can speak to our Business Team on 0207 237 3388, who can advise & support in the sponsorship process.
Once these processes are completed, and a certificate of sponsorship is granted, then you can embark on applying for a UK working visa. This will require you to meet the requirements of the immigrations rules including but not limited to genuineness of the vacancy, language requirements, financial and also have adequate accommodation.
Key requirements of the Tier 2 visas
The key requirements to be met when you apply for a Tier 2 visa, is to be employed in the UK, not be a majority shareholding Director of the business you intend to work for, meet the maintenance requirement, language requirements which forms the core part of the Tier 2 visa.
The application is driven with key evidences to be provided and meeting the point based scale. You cannot apply and request discretionary grounds to succeed, as this is not permitted. At the same time, your employer must be approved by the Home Office as a licence holder.
Refusal of a Tier 2 visa
A Tier 2 visa can be refused if you do not meet the statutory requirements as discussed earlier. There are a number of factors which can arise into a visa refusal. You would be able to challenge the decision by conducting an administrative review and will need to complete this in the prescribed time period as stated in your decision letter.
The Home Office refusal letter for a Tier 2 visa will explain in detail the reasons to the refusal. In most cases, the error are done either by you or your employer, however if the Home Office does make a mistake, then the administrative review will correct that mistake.
We know that sometimes the immigration policies are strict, however where there has been an unintentional mistake on your part, then we can make a detailed submission to correct that error. This can include an error made by your employer on the certificate of sponsorship which does not match your documents provided, and then we can ask the correction to be made in the sponsor management system and provide a cover letter to explain the error made.
In other circumstances where the error makes the certificate of sponsorship invalid, or you have failed to provide a specified evidences and cannot be rectified with a submission, then you may need to re-apply for the visa and provide a formal legal submission to explain the errors previously made.
Taking legal advice on a Tier 2 working visa in the UK
The Tier 2 visa is a simple, straightforward working visa application; however it comes with a number of technical requirements which may be overlooked.
The Tier 2 visa category can be technically complex, we at ICS Legal will provide guidance and correct advice on which route to apply under the Tier 2 visas and we find this is essential when considering to work in the UK.
You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at email@example.com.
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