For entry clearance as a Tier 2 General Migrant, usually a restricted Certificate of Sponsorship (CoS) is required unless the job is in shortage occupations list or the prospective salary to be paid to the Tier 2 Migrant is £152,100 or more gross per year.
There is an annual limit on the number of Certificates of Sponsorship available under Tier 2 (General). This limit applies to Certificate of Sponsorship for those nationals seeking entry clearance to the UK under the Tier 2 (General) category and those who are applying to switch into Tier 2 (General) category from within the UK as a dependant of Tier 4 (General) student. We refer to these as “restricted” Certificates of Sponsorship.
Those seeking admission to fill a vacancy with a salary of £150,000 or above and all other in-country applications (other than Tier 4 dependant switches) are not affected by the limit. Certificates of Sponsorship for these applications are known as “unrestricted” and sponsors can assign these without first applying for permission.
Please note that successful Tier 2 (General) applications will be granted leave up to 3 years with the possibility of extending for a further 3 years. You will not be able to extend beyond 6 years. You will not be able to re-apply to return to the UK under Tier 2 until 12 months after your last leave under Tier 2 expired. This will be the case even if you have been in Tier 2 for less than 6 years. If you leave your job with your Tier 2 Sponsor early, you should ensure that your Sponsor notifies us that you have left so that we can curtail your leave. This is important as the 12 months is counted from the date that your leave ends.
A refusal of an entry clearance application as a Tier 2 General is challenged by way of an Administrative Review Request to the Entry Clearance Manager (ECM). If the refusal is maintained by the Entry Clearance Manager (ECM), then the same can be challenged by way of Judicial Review (JR) in High Court.
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