You would be eligible to apply for a Tier 2 (General) Visa if you are a non-EEA national who has secured skilled employment in the UK.
Before Making Your Application
Before applying for the visa, you should have a job offer and a Certificate of Sponsorship from an organisation that has a sponsorship licence.
If you are applying from outside the UK, your employer must be able to provide evidence that there are no settled workers (i.e. British/EEA nationals or those with indefinite leave) who are able to do the job. Your employer needs to have conducted the Resident Labour Market Test (‘RLMT’) to evidence the lack of suitable settled worker.
Shortage of Occupations list
However, if your job is listed on the Shortage of Occupations list then there is no need for the RLMT and certain other requirements need not be met. There are many other scenarios where an employer does not need to conduct the RLMT.
More About The Process
When you can apply: You can send off your application up to 3months before the date that you are due to start your employment.
Information you will be asked to provide with your application:
- certificate of sponsorship;
- financial maintenance in the UK;
- English Language level;
- People from certain countries will be asked to provide Tuberculosis Test Certificate;
Family Members (‘dependants’): You can apply to bring your family members with you as dependants on your application, subject to meeting requirements. This includes being able to prove that they can be financially supported.
If you are applying from outside of the UK, the Home Office will aim to give you a decision in your application within 3 weeks.
You can come maximum for 5 years and 14 days, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter.
Switching To Tier 2 General Visa
For in-country applications, migrants with visas in the following categories can switch into this category:
- Any Tier 1 main applicant
- Any Tier 2 main applicant
- Tier 4 student
- Dependent partner of a Tier 4 student
- Representative of an Overseas Business
Extending your Tier 2 General Visa
You can make an extension application if you need to extend your stay in the UK and you are applying to continue in the same job for the same sponsor. You must have current permission to enter or stay on a Tier 2 (General) visa and should make the application before your visa expires.
You may be permitted to extend your visa for up to 5 years as long as your stay in the UK is not more than 6 years in total.
In order to apply for an extension application, you must meet the following conditions:
- you have the same job as when you were issued your previous permission to enter or stay in the UK;
- you’re still working for the employer who assigned your certificate of sponsorship;
- you’re still earning an ‘appropriate salary’.
The appropriate salary is changing and currently equals to £35,000 or the appropriate rate for the job, whichever is the higher. There is a lower threshold for those who are considered as new entrants, but this wouldn’t generally apply to extension application.
Please note that you cannot apply for an extension if you are applying from outside the UK, or switching from another category, or changing employment.
Applying for Settlement as a Tier 2 (General) Migrant:
You may be eligible to apply for Indefinite Leave to Remain following a period of 5 years (the ‘qualifying period’) continuous leave in this route.
This qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved.
You cannot have more than 180 days’ absence from the United Kingdom during any consecutive 12-month period within the 5 year period. However, if any of your absences are in connection with employment you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual leave.
In addition, as a Tier 2 migrant, you will still be required by your current Sponsor in the role recorded on your Certificate of Sponsorship for the foreseeable future and show evidence of your earnings.
Finally, you will be required to demonstrate knowledge of the English language and Life in the United Kingdom before you are granted Indefinite Leave to Remain.
Get In Touch
At Master Legal Services we will provide professional advice depending on your circumstances. We will inform you of all the documents that you will need to provide for your application; fill in your application and check it before submission.
For any queries, get in touch:
T: 020 8935 5205