By Master Legal Services – Immigration Lawyers and Advice Service
One of the most hunted destinations for immigration is the United Kingdom. Immigrants from around the world prefer Britain to any other part of the globe as both business and work opportunities never run short; besides, the standard of living can best be described as world-renowned.
For the UK, visa for a Tier 2 Skilled Worker functions on a system based on points and can only be granted to migrant workers with exceptionally high skills coming from outside the EEA and Switzerland with a legitimate high-level skilled employment offer as well as job offers in the Shortage List.
Along with several necessary requirements, the Tier 2 worker’s employer is expected to support them with a Certificate of Sponsorship (COS). The British based companies also benefit from enlisting the services of Tier 2 Skilled Workers by acquiring the expertise of both existing and new workers.
Tier 2 Skilled Worker: Categories
The categories of Tier 2 Skilled Workers are four in number and include the following:
Tier 2 (General)
Individuals coming into the United Kingdom with skilled job offers which cannot be taken up by resident workers come under this category. Another set of eligible people are those coming into Britain to take up job positions available on the Shortage Occupation List.
Here the normal CoS has an annual limit and is referred to as Restricted Certificates of Sponsorships. However, the annual limit does not affect some applicants under Tier 2 General. People in this category include those coming in to take up positions offering salaries of £159, 600 or more and this must be guaranteed. Other applicants are individuals linked to the inner investment provisions as well as several applications from in-country switching. One set of people who are subject to the Tier 2 General annual limit are immigrants who wish to switch into Tier 2 and hold visa which indicate that they are the dependent of Tier 4 category.
Tier 2 (Minister of Religion)
This group is for all immigrants coming into the United Kingdom as missionaries, religion ministers or members. In every case, they must be employed within their various faith communities in the United Kingdom.
Tier 2 (Sportsperson)
This group includes the best sportsmen and women whose services will offer important contribution to British sports, this significant impute has to come at the highest level.
Tier 2 Intra-Company Transfer
Multi-national organizations or companies whose skilled staff needs to transfer to the British branch of the company come under this group
Tier 2 Skilled Worker Qualification process
For a Tier 2 Skilled Worker, the qualification process entails having an already existing skilled employment offer along with a CoS from a licensed British sponsor. The reference number on your CoS which is a virtual document must be unique and the document contains the details on the job and the applicant’s personal information.
The standard for this category of worker demands that applicant can only qualify by scoring at least 70 points which will entail points linked to the CoS. Applicants are expected to obtain the CoS from their prospective British employers in connection to an appropriate job position qualified for sponsorship under Tier 2.
Tier 2 worker Maintenance funds for Visa
You must have evidence of the minimum funds required to cover the living and accommodation funds for both you and your dependents. This fund must be in saved money showing £945 for personal and £630 for dependents. The only people who are exempted are those whose accommodation and living cost have been undertaken by their sponsoring employer. In such circumstance, official documents from your sponsoring employer have to be submitted as proof. You also need to pay the Immigration Health Surcharge in the UK as part of your application.
Note that: Holders of Tier 2 work permit have the right to submit applications for their dependents to join them in Britain. These dependents include unmarried partner, married partner, and kids who will be granted the same duration of leave like the Tier 2 worker. Besides, they have the right to get employment without any form of restriction in the United Kingdom.
Tier 2 Skilled Workers – Duration of Stay
For the Tier 2 skilled worker under the general category, they can be granted up to 5 years leave which can be extended to six years. Applicants who were previously under Tier 4 and have the wish to switch to Tier 2 and whose sponsoring employer is willing to pay the lower “New Entrant” rate can only get it paid for the initial three years on the job. After that, the rate for higher “Experienced Worker” has to be paid. Therefore, applicants under these conditions may only be granted three-year-visa to begin with but it is possible to extend it later after paying the higher rate.
It is expected that migrants who were not able to meet the criteria for Indefinite Leave to Remain must leave the country at the expiration of their leave. They must observe a one year waiting period before putting in another application to come back to UK under Tier 2. The 12 months period is applicable to all workers under Tier 2 who had to leave the UK.
The possibility of ILR for Tier 2 Worker
Immigrants who hold work visa under Tier 2 General are eligible to submit applications for Indefinite Leave to Remain (ILR), but you need to meet some certain requirements;
- You need to meet the conditions for the first Tier 2 General Work visa.
- Documents to prove absence from the United Kingdom has to be provided. It should not exceed the stipulated maximum number of the days allowed for absence from the UK.
- A legal Tier 2 sponsor has to equip the applicant with a CoS. The sponsor must still be a holder of a Tier 2 Sponsorship license for that particular category or have already submitted an application for renewal. The sponsor’s willingness to continue keeping the applicant under his employment for a specified period and salary must be clearly stated on the CoS.
- Another important requirement is that the applicant must have a good understanding of life in the United Kingdom as well as the English language.
- As an applicant, you shouldn’t be found guilty of immigration offences including any history of overstay in Britain.
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