Thousands of people dream of coming to the UK to work. As one of London’s top immigration lawyers, we work with some of the world’s best talent in multiple fields, helping them obtain the right visa for their needs. Whether you are a top tech talent looking to gain experience in London’s Silicon Roundabout or a Antipodean who is not ready to go back home and settle down, a Tier 2 (General) Visa provides entry (o ability to remain) in the UK. In addition, if certain conditions are met, a Tier 2 (General) Visa can provide the first step on the path to settlement.
The path to successfully obtaining a Tier 2 (General) Visa is relatively straightforward in theory. However, the UK government has, over the past few years, implemented several regulations and policies designed to make it more challenging for employers and HR directors to hire talent from outside the European Economic Area (EEA). An example of this is the immigration Skills Charge of £1,000 per Tier 2 employee, per year, which was introduced in April 2017.
Obtain sponsorship through an employee who holds a UK Sponsor Licence
To apply for a Tier 2 (General) Visa, you must have a Certificate of Sponsorship from an employer who has a UK Sponsor Licence with an A-rating. If your perspective employer has been downgraded to a B-rating, they will be unable to issue any new Certificates of Sponsorship until they make the improvements required by the Home Office (directed by an Action Plan) to have their A-rating reinstated.
The Certificate of Sponsorship must be used within three months of you receiving it.
Make sure you meet the eligibility requirements of a Tier 2 (General) Visa
To be eligible for a Tier 2 Visa, you need to show:
- you have a Certificate of Sponsorship from a valid employer
- you are being paid an appropriate salary for your position
- you have a good knowledge of English
- you have personal savings of £945 to support yourself when you arrive in the UK
- you can travel (you may need to show your travel history over the past five years)
- you have the required tuberculosis test results if you’re from a listed country
- you have a criminal record certificate from any country you’ve lived in for 12 months or more in the past 10 years, if you’ll be working with vulnerable people
OTS Solicitors is regarded asone of the best immigration solicitors in the UK and can advise you on whether you meet the above criteria.
Have the required documents
Along with your application you will need to provide the following documents:
- your passport
- either a bank statement showing you have at least £945 in savings over the last 90 days or a letter from your sponsor stating they can accommodate and support you for your first month of employment
- proof that you can meet the English language requirement
- results showing you do not have tuberculosis (if required)
You can apply for your visa three months before your job in the UK is due to start. You should receive a decision from UK Visas and immigration within three weeks. If you successfully obtain a Tier 2 (General) Visa, it will be valid for five years, after which you may be able to apply for Indefinite Leave to Remain.
You’ll usually need to be paid at least £30,000 per year or the ‘appropriate rate’ for the job you’re offered - whichever is higher. Our experienced UK immigration lawyers can give you the best guidance on what constitutes an ‘appropriate salary’.
The English language requirement
To be eligible for a Tier 2 (General) Visa you will need to pass an approved English language test in reading, writing and listening or have an academic qualification that was taught in English and is equivalent to a UK bachelor, masters or PhD degree.
Nationals from certain countries such as Australia, Canada and Jamaica do not have to demonstrate a knowledge of English.
If your sponsor confirms on the Certificate of Sponsorship to provide you with £945 over the first month so you have funds to live prior to receiving your first salary instalment, you will not be required to show you have the money personally and it has been in your back account for at least 90 days.
Don’t forget about the immigration Healthcare Surcharge
As part of your Tier 2 (General) Visa application, you will need to pay the immigration Healthcare Surcharge. Payment will be required as part of your application or when you book an appointment if you are applying online or through a premium service centre.
Check your family members are eligible to come to the UK with you
Your dependent family members may be able to join you if you accept a job offer in the UK and are granted a Tier 2 (General) Visa.
A dependent family member is defined as a:
- spouse or partner
- a child under 18 years
- a child over 18 if they’re currently in the UK as a dependant
You will need to show you can support your dependants whilst you are waiting for your first salary payment. Therefore, on top of the £945 you need to prove has been in your bank account for at least three months, you will need to show you have an additional £630 for each dependant. The exception to this is if your A-rated sponsor states on the Certificate of Sponsorship they will give each of your dependants at least £630 to cover their costs for a month if required.
Dependant will also be required to pay the immigration Healthcare Surcharge for the full five years. Therefore, if you are bringing your spouse and two children with you on a Tier 2 (General) Visa, you will need to pay £4,000 upfront.
Instruct an experienced UK immigration lawyer to give you the best advice
An experienced immigration solicitor will assist you in obtaining a Certificate of Sponsorship and organise Tier 2 (General) Visas you and your family. They will also explain how the Points-Based System of awarding UK visas operates, making what can be a complex process smooth and simple.
OTS Solicitors is one of the most respected immigration law firms in London. By making an appointment with one of our immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. We will provide clear, practical advice on all business immigration matters.
If you wish to discuss any of the points raised in this blog, please phone our London office on 0207 936 9960.
For the best expert legal advice and outcome on your UK immigration application, contact OTS immigration solicitors on 020 7936 9960 or contact us online.
We are one of the UK’s top firms for immigration solicitors and civil liberties lawyers. We can advise on a broad range of immigration issues including Appeals and Refusals, Judicial Reviews, Spouse Visas, Student Visas, Work Permit Visas, Indefinite Leave to Remain, EEA Applications, Asylum and Human Rights, British Citizenship, All types of visas, Business Immigration Visas, Entrepreneur Visas and Investor Visas.
Our top immigration solicitors and lawyers are here to assist you.
Disclaimer: The information and comments on this page/site is made available free of charge and for educational and information purposes only. The information and comments do not amount to and are not intended to be adopted as legal advice to any individual or company. The use of this site should not be a substitute for specific legal advice, which we ask you to see our contact page or call our solicitors on 0207 936 9960.
By using this site you understand that there is no solicitor and client relationship between you/your company and the site owners or the firm. We make every effort to keep the published articles up-to-date and accurate, however the law changes very rapidly and the older the articles on this site, the more likely that the views in it have changed with the development of the law.
Posted on: Tuesday, 19 September, 2017