Tier 2 Visa Solicitors
Britain boasts a diverse and open economic
landscape, which welcomes talented workers and skilled individuals from all
over the world. In order to further their growth and development, British
businesses are constantly on the lookout for talented new recruits at home and
Unfortunately, the process of bringing overseas
talent to live and work in the United Kingdom legally can be complex and
time-consuming. To avoid unnecessary delays and potentially heavy penalties,
it’s important to seek expert legal advice from the earliest possible stage.
From start to finish, you can count on our tier 2 visa solicitors to support your Tier 2 Workers visa application and any subsequent appeals as necessary.
2 Workers General Visa
The Tier 2 General visa category was introduced as a
replacement for the now defunct Tier 1 General immigration category. The UK’s
Tier 2 visa category contains a wide variety of subcategories, which include
Minister of Religion, Sportsperson, Intra-Company Transfer and General migrant
In all instances, it is necessary for the applicant
to obtain and present an official certificate of sponsorship, in order to
qualify for any of these Tier 2 visas. In addition, the Tier 2 migrant pathway
is a points-based system, which means the applicant must score a minimum of 70
points to qualify, while at the same time demonstrating English language skills
at a certain level.
As of 2011, an annual cap of 20,700 has been placed
on the number of applicants able to qualify for a Tier 2 visa. As a result,
eligibility can be affected simply by the volume of applications at the time of
submission. Nevertheless, there are various exemptions and not all migrants
looking to enter the United Kingdom fall within the confines of this annual
limit. Hence, we strongly suggest speaking to a member of our legal team, prior
to submitting your application.
Our experience and expertise extend to the following
visa and sponsorship categories:
- Tier 2 Licence
- Tier 2 Licence Extensions
- Tier 2 Compliance
- Tier 2 Mock Audits
- Tier 2 Standard Occupation List (SOC) advice
- Tier 2 Resident Labour Market Test (RLMT) advice
- Tier 2 Sponsorship Management System (SMS) advice
- Tier 2 Certificate of Sponsorship (CoS) application
- Tier 2 Advertisement drafting
- Tier 2 (General) visa applications
- Tier 2 Intra-company Transfer (ICT) visa applications
- Tier 2 Sportsperson visa applications
- Tier 2 Minister of Religion visa applications
Call today to book your obligation-free consultation
with one of our experts.
2 Workers (General)
order to qualify, your employer must provide you with a valid certificate of
sponsorship (COS) to support your application, which meets one or more of the
annual salary in excess of £155,300
sponsor has completed a Resident Labour Market Test
job appears on the Shortage Occupation List
A certificate of sponsorship requires that the
employer is formally licensed and committed to pursue and employee workers from
outside the EEA, having received permission from the Home Office/UKBA. If you
have any doubts as to whether your employer meets these requirements, Aristone
Solicitors can help. Likewise, if your employer is not able to provide you with
a valid certificate of sponsorship, we can assist and support their licence
application accordingly. Our experienced corporate immigration lawyers will do
whatever it takes to streamline and simplify your legal entry to the United
Salary and Allowances
In order to qualify, you must be applying for a position
that is officially classified by the UKBA as skilled and therefore appears on
the shortage occupation list. In addition, the job must attach a minimum salary
to meet the UK Visas & Immigration Codes of Practice, which currently
stands at £20,800 per annum for a skilled job. Exemptions apply in instances
where the Home Office considers a prospective migrant to possess a shortage
skill of value to the UK, or where the salary offered is a minimum of £155,300.
English Language Requirement
Formal evidence must be provided of English language
skills to an acceptable level, measured in accordance with CEFR B1 standards.
Fulfilling UK immigration English language requirements under the Tier 2 can be
achieved in one of the following three ways:
passing an English language test that has been approved by the UKVI (IELTS or
Trinity College) at B1 level of the Council of Europe’s Common European
being a national of a recognised English-speaking country outside the EEA;
holding a degree-level qualification or higher that was taught in English at a
recognised educational institution.
Exemptions apply for some applicants who are not
required to provide evidence of their English language skills. Examples of
which include the following:
who qualify under the transitional arrangements
last granted entry to the United Kingdom under the Tier 2 General rules in
place before 6 April 2011;
who have ever been granted leave to remain in the United Kingdom:
the Tier 1 (General) category, Tier 1 (Entrepreneur) category or as a
Businessperson or under Tier 1 (Post Study Work) category; or
a Highly Skilled Migrant under the new legislation imposed as of 5 December
the Tier 1 (Graduate Entrepreneur) category, having previously submitted
evidence of English language skills to level B1 of the Council of Europe’s
Common European Framework for Language Learning or above; or
the Minister of Religion category (not Tier 2 (Minister of Religion)) under the
rules in place on or after 19 April 2007; or
the Tier 2 (Minister of Religion) category, having previously submitted
evidence of meeting the English language requirement; or
the Tier 2 (General) category under the rules in place on or after 6 April
2011, having previously submitted evidence of English language skills
equivalent to level B1 of the Council of Europe’s Common European Framework for
Language Learning or above; or
a Tier 4 (General) student where the Confirmation of Acceptance for Studies
used to support your application for that grant was assigned on or after 21
April 2011. If you are applying for Tier 2 (Minister of Religion), the
Certificate of Acceptance of Studies must also have been assigned for a course
of at least degree-level study.
In order to qualify for entry to the United Kingdom,
a minimum of 10 points must be scored under the English language requirements
category – in accordance with Appendix B of the Immigration Rules.
Minimum Maintenance Requirements
Maintenance refers to the availability of funds at
the time of the prospective migrant’s application, which should be sufficient
to cover their expenses without recourse to public funds. Current Tier 2
immigration legislation specifies the following:
applicant must have a minimum of £945 in personal savings at the time of their
application, which must have been in their own personal bank account for at
least 90 consecutive days;
(Premium), A-rated (SME+) or A-rated sponsors can certify the maintenance on
behalf of the applicant, which must be indicated on the Certificate of
prospective migrants who wish to include dependants on their application,
additional personal savings of £630 per family member is required and evidence
must be provided accordingly. Again, the savings must have been held for a
minimum of 90 consecutive days in the applicant’s account.
Once again, exemptions apply in some instances and
all cases are different. Aristone
Solicitors strongly recommends seeking legal support at the earliest possible
stage, which can significantly increase the likelihood of a positive outcome.
Book your obligation-free consultation today with one of our immigration
2 Workers (General)
Tier 2 General visa holders have the option of
applying for an extension of their granted period of leave, on the condition
that their application is submitted before their current visa expires and they
have complied with all terms and conditions governing their stay in the UK. There
is no allowance for submitting visa extension applications from outside United
Kingdom and the applicant must hold the same position with the same employer at
2 General Visa Permissions
While residing in the United Kingdom on a Tier 2
General visa, the holder is entitled to pursue additional employment
opportunities under the following conditions:
takes place outside their normal working hours;
additional employment is part-time (20 hours max per week);
falls within the same specialist area/profession for which the Certificate of
Sponsorship was provided and at a similar level.
Tier 2 General visa holders can also participate in
voluntary work and general unpaid activities with significantly fewer
2 General Visa Restrictions
The UK Home Office outlines a series of important
restrictions all Tier 2 General visa holders must abide by, including but not
limited to the following:
must not set up a business in the UK;
must not enter into self-employment;
must not own more than a 10% stake in the company sponsoring your application;
must not become a partner or director of the business without being authorised
to do so by the Home Office.
Migrants found to be in breach of any of the
conditions governing their stay in the United Kingdom could have their visas
revoked and be denied re-entry at a later date.
from Tier 4 General Visa to Tier 2 General Visa
While it is possible to switch from a Tier 4 General
visa to a Tier 2 General visa, it is an option restricted exclusively to
candidates who have:
and passed a recognised degree-level qualification or higher. Acceptable achievements include a bachelor’s
degree, master’s degree, Postgraduate Certificate in Education or Professional
Graduate Diploma of education.
students who have been studying for a Ph.D. in the United Kingdom for a minimum
of 12 months at the time of their application, at a recognised UK institution
or listed body. All such applications must be submitted from inside the UK.
If the above requirements are met, it will not be
necessary for the applicant to undergo the Resident Labour Market Test to measure
the appropriateness of the position being offered to the non-EEA national.
However, all other standard formalities and qualification criteria apply, which
must be carefully considered before submitting your application.
from Tier 1 Post-Study Work (PSW) to Tier 2 General Visa
Individuals who currently hold a Tier 1 PSW visa may
be eligible for an unrestricted Certificate of Sponsorship from their employer,
under the condition that the specified job meets all general requirements of
the Code of Standards.
of Employment Applications
If you plan to move from one employer to another, a
new Certificate of Sponsorship must be provided and all applicable visa
requirements met. Even if you switch to a different role and job title with the
same employer, an application for change of employment is required.
Change of employment applications are necessary in
the following circumstances:
primary duties of your position change to such an extent that the original Code
of Practice or Standard Occupation Code (SOC) is no longer applicable;
new position involves duties that no longer qualify for the Shortage Occupation
List and are instead categorised under the Standard Occupation Code (SOC);
lower salary is offered than that which was specified on your original
Certificate of Sponsorship (COS), unless the reduction is due to maternity,
paternity, adoption leave and/or sick pay lasting longer than one month, or
reflects company-wide pay-cuts.
If you intend to change your position or employer at
any time while working under a Tier 2 visa, it is essential to know where you
stand in a legal sense. Contact the corporate immigration experts at Aristone
Solicitors today for an obligation-free consultation.
Leave to Remain (ILR) Under Tier 2 Visa General
The primary requirement that must be met to be
eligible for indefinite leave to remain under the Tier 2 General visa scheme is
five years of continuous and legitimate residency in the United Kingdom.
However, new legislation was introduced in April 2019, imposing a minimum
salary requirement of £35,800 per year. Your eligibility for ILR in accordance
with your annual salary will therefore be determined by your date of entry to
the United Kingdom.
If interested in applying for indefinite leave to
remain but unsure of your eligibility, contact the team at Aristone Solicitors
It may also be possible to combine time spent in the
United Kingdom under a series of immigration categories, on the condition that
your most recent leave to remain was granted under the Tier 2 category. Examples
of which include:
1 (General / Investor / Entrepreneur)
Skilled Migrant Program
Composer or Artist
Appointments for Tier 2 Visa Applications
Where time is a factor, the option exists to
fast-track Tier 2 Workers visa applications and receive a response the very
same day. The nature and complexity of the case will determine eligibility for
a premium/PEO appointment, so be sure to contact Aristone Solicitors if a
speedy resolution is preferable.
From start to finish, our experienced Tier 2 visa solicitors will provide the support and consultancy you need to understand your position and choose the best possible course of action. We’ll ensure your application is backed by the complete and compelling evidence necessary to ensure a prompt and positive outcome.
For more information or to discuss your case in more detail, book your obligation-free consultation with our tier 2 visa solicitors today.