Can you Extend a Tier 2 (General) Visa?
If you employ Tier 2 (General) visa holders, or you are an employee in the UK on a Tier 2 (General) visa, you may question what happens at the expiry of the work visa because the Tier 2 (General) visa has ended. Existing Tier 2 visa holders are able to stay in the UK until their current visa expires but what happens after that?
In this article our immigration solicitors answer your questions about Tier 2 (General) visa extensions.
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For advice on work visas and sponsor licences contact the London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
The Tier 2 (General) visa
The Tier 2 (General) visa is the old style work visa. You can no longer apply for a Tier 2 (General) visa but if an employee or worker is already in the UK on this type of work visa, their entry clearance remains valid until the visa expiry date. However, they can't apply to extend their existing Tier 2 (General) visa.
Extending a Tier 2 (General) visa
A Tier 2 (General) visa holder cannot apply to extend a Tier 2 (General) visa but it is possible to apply for a skilled worker visa. This visa replaced the Tier 2 (General) visa. There is no limit to the number of times an overseas worker can apply to extend a skilled worker visa if they continue to meet the eligibility criteria.
Settling in the UK on a Tier 2 (General) visa
If a work visa holder meets the residence requirement (normally five years) and the other eligibility criteria for an indefinite leave to remain application, they can apply to settle in the UK. If a Tier 2 (General) visa holder does not meet the ILR residence requirement they have the option of applying for a skilled worker visa so they can apply for ILR once the five year residence requirement is met.
From both an employer and employee perspective, indefinite leave to remain and UK settlement brings significant advantages to both employer and employee, including:
- The employer no longer needs to sponsor the employee and meet sponsor licence reporting and recording duties in respect of the sponsored employee
- The employer’s overheads are reduced as they no longer need to allocate a certificate of sponsorship to the employee or pay the immigration skills charge
- The employee no longer has to pay the immigration health surcharge
- The employee’s dependants in the UK with the main visa holder on dependant visas can also apply for indefinite leave to remain, provided they meet the residence requirement and other ILR eligibility criteria
- The employee is able to change their job without having to get a new sponsoring employer
- The employer can change the employee’s job role without first having to check if the revised job description or promotion falls within the standardised occupation code in the worker’s certificate of sponsorship
Switching from Tier 2 (General) visa to skilled worker visa
If a work visa holder needs a skilled worker visa before they can apply for indefinite leave to remain in the UK then their application needs to be made before their current visa expires. If they fail to make the necessary application they will be classed as an overstayer and will lose their right to work in the UK. An employer who continues to employ them will be in breach of illegal working legislation and also their sponsor licence reporting and recording duties. The sponsor licence holder risks having their sponsor licence suspended or revoked
Given the recruitment crisis, and the cost of employing new sponsored employees, many UK sponsor licence holders are proactively encouraging their sponsored employees to look into switching to the skilled worker visa and ideally applying for indefinite leave to remain.
The timing of the application for a skilled worker visa
If an employee is on a Tier 2 (General) visa they can apply for their skilled worker visa up to 60 days before their Tier 2 (General) visa expires. Normally a sponsored employee can continue to work for their sponsoring employer whilst their visa application is awaiting determination by the Home Office. Once a skilled worker visa application has been submitted the employee can't travel outside of the UK until the application has been decided by the Home Office. If they do so the application is treated as withdrawn.
The eligibility criteria when moving from the Tier 2 (General) visa to the skilled worker visa
When applying for a skilled worker visa, the Tier 2 (General) visa holder needs to show that they meet the eligibility criteria for the skilled worker visa, namely:
- They are sponsored with a certificate of sponsorship from their employer and their job role remains the same as their Tier 2 (General) visa job role
- Their employer continues to hold a valid Home Office issued sponsor licence
- They meet the skilled worker visa financial requirement – but this requirement isn’t necessary if the sponsored worker has lived and worked in the UK for 12 months or more by the date of the skilled worker visa application
- They meet the minimum salary threshold – this amount will depend on the date the employee was allocated the original certificate of sponsorship for their Tier 2 (General) visa
The minimum salary threshold for a Tier 2 (General) visa extension application
The minimum salary threshold for a Tier 2 (General) visa depends on the date of their original certificate of sponsorship, namely:
- Certificate of sponsorship on or after the 24 November 2016 and skilled worker visa application made before the 24 May 2023 – the minimum salary threshold is at least £20,800 gross per year or the or the ‘going rate’ for their standardised occupation code, whichever is the higher
- Certificate of sponsorship on or after the 24 November 2016 and skilled worker visa application made before the 1 December 2026- the minimum salary threshold is either £25,600 gross per year, £10.10 per hour or the ‘going rate’ for their standardised occupation code, whichever is the higher
How OTS Solicitors can help
If you are a sponsoring employer with a Home Office issued sponsor licence, the business immigration team can advise you on:
- Compliance with reporting and recording duties
- Sponsor licence management
- Key personnel training
- Right to work checks and illegal working legislation
- Allocation of certificates of sponsorship
- The skilled worker visa application process
- Extending a Tier 2 (General) visa
- Sponsor licence renewals
- Sponsor licence problem solving with audits and advice if your sponsor licence is at risk of sponsor licence suspension or revocation
- Employment law and sponsored employees
UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers
For advice on skilled worker visas and sponsor licences call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.