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UK TIER 2 VISA - WayenaZafar Immigration Law Firm

What is the Tier 2 visa?

  • The processing time for a US student visa  can be on average 3 to 5 weeks, or even 2 to 3 months, depending on your application and the type of visa. F-1 visa applicants can expect a shorter processing time  than other visa types. After receiving a positive response from the US visa consulate, applicants can usually expect to receive their paper copy of the visa  in about 2-3 days. Also, F-1 visas are issued no earlier than 120 days after the start of your stay. 


For skilled workers, with so much at stake, it is important to seek legal advice to understand the migration options available and that  Tier 2 is the right path.  

Tier 2 visa requirements?

This information pre-dates the closure of the Tier 2 Visa. 

Most applications for Tier 2 visas will be made under the Tier 2 (general) subcategory. This allows skilled  migrant workers who are not part of the EEA to accept  a job offer that cannot be filled by a skilled or skilled  worker, including workers coming to the UK to fill shortage roles , ie when there are not enough workers in the UK. national work. market to meet demand.

To qualify for a Tier 2 (General) visa, the applicant will need to

  • Have a confirmed offer of employment from a licensed UK employer (sponsor).
  • Have a valid certificate of sponsorship
  • Score 70 points under the points based system
  • Have a genuine offer of a job that will not displace a suitably qualified or skilled settled worker
  • Be offered a job that meets certain skill and salary level requirements
  • Meet the English language requirement
  • Meet the maintenance requirement

Tier 2 skill & salary level requirement:

This information pre-dates the closure of the Tier 2 Visa

Any employment offered to a non-EEA migrant worker must also meet the relevant Tier 2 skill and wage levels, although the required skill and wage levels may vary depending on the nature of the work.

Generally, the position will need to meet Regulated Qualifications Framework (RQF) Level 6 or above. In an occupation in the creative sector or for a job that appears on the list of occupations in short supply, the position must correspond to level 4 of the RQF.

The minimum salary requirement is usually at least £20,800 per annum for new entrants or £30,000 for experienced workers, or the appropriate rate for the job in question, whichever is higher.

Genuine vacancy requirement

This information pre-dates the closure of the Tier 2 Visa

This means that as a potential employer you cannot offer a role to a migrant worker from outside the EEA if a suitable worker from the local labor market is rejected for the role or dismissed.

  • If the position in question is not on the list of shortage occupations, that is when there are not enough workers in the national labor market to meet the current demand, you need to advertise the position in the United Kingdom first. This is called the Resident Labor Market Test (RLMT).
  • If applicable, you must have met the RLMT requirements before issuing a certificate of sponsorship to any potential employee. In addition, the certificate of sponsorship must confirm that an RLMT has been completed.

Financial maintenance requirement

This information pre-dates the closure of the Tier 2 Visa.

When applying for a Tier 2 visa, the applicant must also demonstrate to the Home Office that they are able to support themselves upon arrival in the UK. This can be done either through a personal savings test or through a maintenance guarantee from you as an approved sponsor in the UK where you can cover their costs for the first month

If you do not confirm the maintenance award on the certificate of sponsorship, the applicant needs to show that he has had £945 in his bank account for a period of 90 days before the date of his application.

English language requirement

  1. This information pre-dates the closure of the Tier 2 Visa.
  1. When applying for a Tier 2 visa, the applicant must demonstrate to the Home Office their knowledge of the English language. This can be proven by either passing an approved test in English or having a university degree taught in English and recognized as equivalent to at least a bachelor’s degree in the United Kingdom.
  1. Citizens of an English-speaking majority country such as the United States, Canada, Australia or New Zealand will be exempt from having their English language skills certified.

Certificate of sponsorship requirement

  • This information pre-dates the closure of the Tier 2 Visa.

  • Once you offer a migrant worker a real job that matches the required skill level and salary, you must issue a valid certificate of sponsorship. This can only be done if you are an approved sponsor in the UK. If you do not already have a Level 2 licence, you will need to seek approval from the Home Office first.

  • According to your duties and obligation as a Tier 2 Sponsor, you must issue sponsorship certificates only to migrant workers who are duly qualified or registered to perform the specified work. The sponsorship certificate must also confirm that the job matches the required skill level and salary.

How to apply for a Tier 2 visa

This information pre-dates the closure of the Tier 2 Visa.

The applicant must submit an online application within three months of receiving the sponsorship certificate. Each certificate has a unique reference number that must be requested.

 

They also need to attend an appointment at a visa application center to register their biometric information and submit various supporting documents. Required documents will include

  • 1. A current passport or other travel document to prove they can travel
  • Expired passports or travel documents to show their travel history
  • 2. Proof of their knowledge of English, where applicable
  • 3. Proof of their personal savings, where applicable
  • 4. Their tuberculosis test results if they are from a listed country
  • 5. A criminal record certificate from any country they have lived in for 12 months or more in the last 10 years, where they will be working in either the education, health or social care sector in the UK
  • The Home Office will evaluate your application based on the number of points you have accumulated under the points system. Under Level 2 (General), candidates must obtain a minimum of 70 points. This number is calculated as follows:

    • 30 points for having been assigned a certificate of sponsorship
    • 20 points for earning the appropriate salary
    • 10 points for meeting the English language requirement
    • 10 points for meeting the maintenance requirement
    • It is important to note that a genuine offer of employment accompanied by a valid certificate of sponsorship does not guarantee the granting of a Tier 2 visa, however, the prospective employee must meet all other relevant criteria. The Home Office will also consider any general grounds for refusal, including any relevant criminal history or previous breaches of immigration laws.

How much does a Tier 2 visa cost?

  • This information pre-dates the closure of the Tier 2 Visa.

  • Tier 2 visa fees depend on the visa subcategory applied for and the duration required. For a Tier 2 (general) visa, the application fee is as follows for overseas applications:

    • Up to 3 years: £610 (or £555 for citizens of Turkey or Macedonia)
    • Up to 3 years for a shortage occupation role: £464 (or £409 for citizens of Turkey or Macedonia)
    • More than 3 years: £1,220 (or £1,165 for citizens of Turkey or Macedonia)
    • More than 3 years for a shortage occupation role: £928 (or £873 for citizens of Turkey or Macedonia)

For in-country applications, the fees are:

£704 for up to 3 years
£1,408 for more than 3 years

Can you appeal a refused Tier 2 visa?

This information pre-dates the closure of the Tier 2 Visa.

Common grounds for a refised Tier 2 visa include: 

  • 1. Incorrect SOC code for the proposed job
  • 2. Inappropriate salary
  • 3. Insufficient maintenance funds

The employer must ensure that they have chosen the correct SOC code and payment rate to avoid unnecessary stress and delays in the application and business processes.

Employers are encouraged to take a practical approach and help candidates complete their application until it is accepted, to ensure that the information submitted on the applicant’s form matches that provided by the organization

Invalid requests are different from rejections. An application for a Tier 2 skilled work visa will be considered invalid and returned for a number of reasons, the most common being

  • 1.Non-payment of fee
  • 2. Payment of incorrect fee
  • 3. Form is not signed
  • 4. Accompanying photos are not in the correct format
  • Invalid applications put workers in a difficult position, especially if their residence permit has expired since the application is declared invalid. Also, they leave very limited options.

     

    There are limited types of appeals you can make under the PBS and they are limited to domestic applications. Overseas applications have a right to judicial review (where another immigration officer reviews the information for a new application), but no right of appeal.

     

    However, dependents of PBS applicants applying overseas have the right to appeal a rejected application, as this is subject to family law and not the PBS category. If an application is rejected before the expiration of the current permit, the applicant does not have the right to appeal, but will have the right to reapply.

     

    The person has ten days from the date of the rejection notice to appeal against the rejection in the UK.

     

    The person has 28 days to lodge an appeal if a non-PBS application is refused outside the UK.

     

    Any appeal must be made using the appropriate appeal form and the appropriate fee must be paid. The appeal must address each reason for the denial.