A Tier 2 visa category applies to non-EEA nationals who have secured skilled employment in the UK. You may note that we have previously written about what a tier 2 application is on our website. To learn more about the eligibility criteria of a Tier 2 Visa application, click here.
There have been recent amendments to the Immigration rules which have affected the Tier 2 applications. They are summarised as follows below:
With regards to fee’s: If a sponsor decides to withdraw the application after the application has started to be considered, there is no longer a refund of the application fees. Previously, there was room to get a refund of the fee.
The salary expectation for Tier 2 ( Intra-company transfer) has been increased to £41,500
and for Tier 2 (General) slight increase to £30,500, from £30,000.
Reporting duty for sponsors:
Sponsors are now given a time limit for reporting any changes of 10 working days. The changes that they are required to report include, but not limited to:
- if the migrant does not turn up for work on the first day;
- termination of contract;
- any promotion or change of job title of the migrant employee;
- if the size of their business changes from small to large or vice versa.
The complete list of the changes that must be reported within 10 working days can be found in the Home Office guide for Sponsors.
Absences from the UK:
Before January 2018, the Tier 2 General visa holders applying for Indefinite Leave to Remain (ILR) needed to provide evidence that they had less than 180 days absence in any consecutive 12 month period preceding the date of their application.
The specific amendment states that:
‘…for any absences from the UK during periods of leave granted under the Rules in place before 11 January 2018, the applicant must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the application for indefinite leave to remain.’
Under the new rules, ILR applicants must now show that they have not been absent from the UK for more than 180 days during any rolling 12 month period within the qualifying period.
The new rules apply retrospectively and if absence is over 180 days in any 12 month period, the continuous residence will be broken.
The previous require of absences of no more than 180 from the UK in order to qualify for settlement in the UK has now been extended to partners of the PBS applicant.
How we can help you:
For more information and tailored expert advice on Tier 2 application or any other Immigration matter, get in touch with Master Legal Services on:
T: 020 8935 5205
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