Tier 2 visa
The Tier 2 (General) visa is reserved for those who already have a job offer in the United Kingdom and who are moving there to fill a vacancy in the workforce that cannot be filled by a citizen or permanent resident who is currently living there.
Because the Tier 2 (General) visa may result in Indefinite Leave to Remain, the category also allows for spouses, partners, and any children who are financially dependent on the main Tier 2 application to move to the United Kingdom at the same time as the main Tier 2 applicant.
Due to the worldwide nature of competition for talent and talented employees, it is essential that skilled migrants who are interested in working in the United Kingdom get assistance in acquiring the appropriate immigration status.
Because there is so much at risk for skilled employees, it is essential for them to get legal counsel in order to comprehend the many migration choices that are available and to verify that the Tier 2 path is the appropriate one.
What exactly is a visa for Tier 2?
A Tier 2 visa is the major immigration route for skilled employees from outside the European Economic Area (EEA) or Switzerland who want to come to the UK to work for an authorized licensed company. These workers must originate from a country that is not a member of the EEA or Switzerland. In the points-based system used in the UK, Tier 2 may be subdivided into the following four subcategories:
Tier 2 (General): this will enable foreign employees to accept a job offer that cannot be filled by an adequately qualified or skilled established worker. In order to qualify for this category, a position must be one that cannot be filled by a settled worker.
Tier 2 (Intra-Firm Move): this will let current workers of a foreign company or organization to transfer to a branch in the United Kingdom.
Tier 2 (Sportsperson): This will make it possible for top athletes and coaches who are recognized all over the world to base themselves in the United Kingdom.
Tier 2 (Minister of Religion): this will enable religious personnel to work within a religion community in the UK and seek career opportunities there.
What are the prerequisites to get a Tier 2 visa?
The Tier 2 (General) subcategory is where the vast majority of visa applications for the Tier 2 program will be submitted. This enables skilled non-EEA migrant workers to accept an offer of a job that cannot be filled by a suitably qualified or skilled settled worker. This includes workers coming to the UK to fill shortage occupations, which is a situation in which there are not enough workers in the domestic labor market to meet demand.
The following requirements must be met by the applicant in order for them to be considered for a Tier 2 (General) visa:
Possess a signed work offer from a company that is authorized to operate in the UK (sponsor).
Have a certificate of sponsorship that is still current.
Obtain a score of seventy points according to the scoring system.
You must demonstrate that you have a genuine offer of employment that will not result in the displacement of an established worker who is appropriately qualified or competent.
Receive an offer for employment that satisfies specific criteria with regard to one's abilities and amount of compensation
Satisfy the requirement that English be your primary language.
Meet the maintenance requirement.
Tier 2 skill & salary level needed
Although the needed level of skill and compensation might vary depending on the nature of the employment, every job that is offered to a non-EEA migrant worker is obliged to also fulfill the corresponding Tier 2 skill and salary criteria.
On the Regulated Qualifications Framework, the position will typically need a level 6 or higher qualification or above (RQF). The required level of skill for an occupation in the creative industry or for a job that is included on the list of professions in short supply is level 4 on the RQF scale.
In most cases, the minimum income requirement is at least £20,800 per year for new entrants, £30,000 for experienced employees, or the suitable rate for the position in question, whichever is greater. This applies to new entrants as well as experienced workers.
Genuine vacancy requirement
When deciding whether or not to issue a Tier 2 visa, the Home Office must be convinced that the applicant is being sponsored to fill a real gap in the UK and that their employment will not result in the displacement of an established worker who is sufficiently qualified or competent.
This implies that if you are a potential employer, you are not permitted to give a job to a non-EEA migrant worker in the event that a suitable worker from the domestic labor market would either be passed over for the post or rendered redundant as a result of your decision.
You will initially be needed to advertise the position in the United Kingdom, unless the job in question is included on a list of shortage occupations. This occurs when there are not enough employees available in the domestic labor market to fulfill the existing demand. The Resident Labor Market Test refers to this particular examination (RLMT).
Before granting a certificate of sponsorship to any potential employee, you are required to have complied with the RLMT standards, if and when they are relevant. In addition, the confirmation that an RLMT was finished must be included in the certificate of sponsorship.
Financial upkeep need
When applying for a Tier 2 visa, the applicant is required to demonstrate to the Home Office that they will have the funds to maintain themselves financially after they arrive in the UK. Proof of personal savings or a maintenance assurance from you as their UK registered sponsor that you can pay their expenditures for the first month are both acceptable ways to demonstrate that you are able to meet this requirement.
In the event that you do not confirm the supply of maintenance on the certificate of sponsorship, the applicant will be required to provide evidence that they have had $945 in their bank account for at least 90 days previous to the date on which they submitted their application.
An obligation in the English language
The applicant for a Tier 2 visa is required to demonstrate to the Home Office that they have a sufficient level of proficiency in the English language. This may be shown by either passing a recognized English language exam or holding an academic certificate that was taught in English and is recognized as being equal to at least a bachelor's degree in the UK. Both of these options are valid ways to provide proof. Those who are citizens of a nation where the majority of the population communicates primarily in English, such as the United States, Canada, Australia, or New Zealand, will not be required to provide evidence of their proficiency in English.
There is a need for a certificate of sponsorship.
After making a real employment offer to a migrant worker, at the appropriate skill level and income level, you are obligated to provide that individual a valid certificate of sponsorship. If you are a licensed sponsor in the UK, then you are eligible to do this. In the event that you do not already have a valid license for Tier 2, you will first be required to submit an application for approval to the Home Office.
Because of the responsibilities and obligations that come with being a Tier 2 sponsor, you are only allowed to hand out certificates of sponsorship to migrant workers who have the proper qualifications or are registered to conduct the employment that is being advertised. A confirmation that the employment requires the appropriate degree of competence and pays the requisite amount must also be included in the certificate of sponsorship.
How to apply for a visa under the Tier 2 category
Within three months of being given their certificate of sponsorship, the candidate will be required to submit an application using an online platform. They will need the one-of-a-kind reference number that is on each certificate in order to apply for it.
Additionally, they will be needed to attend an appointment at a visa application center in order to register their biometric information and submit a variety of supporting papers in order to get a visa. The following items will make up the required documentation:
A valid passport or any other kind of travel documentation that demonstrates they are able to travel.
papers showing their travel history, such as expired passports or other travel documentation
Evidence of their ability to communicate in English, if appropriate
Documentation of their own financial reserves, as appropriate
The results of their TB tests, if they are from a nation that is mentioned.
If they are going to be working in the education, health, or social care sectors in the UK, they are need to provide a certificate stating that they do not have any criminal records from any nation in which they have resided for a period of at least 12 months within the last 10 years.
Their application will be evaluated by the Home Office according to the number of points they have acquired in accordance with the points-based system. A minimum score of 70 points is required for admission into the General Tier 2 category. The following is how we arrived at this conclusion:
30 more points awarded for having a certificate of sponsorship issued to you.
20 points for having a suitable amount of money in your bank account
10 points awarded for successfully satisfying the requirements for the English language.
10 bonus points if you are able to fulfill the required level of upkeep.
It is essential to keep in mind that the provision of a real job offer together with a legitimate certificate of sponsorship does not automatically result in the approval of a Tier 2 visa application. The potential worker still has to satisfy all of the other requirements that are relevant. In addition to this, any general reasons for denial, such as a relevant criminal background or a history of immigration infractions, will be taken into consideration by the Home Office.
How much does it cost to get a visa under Tier 2?
The expenses for a Tier 2 visa will vary depending on the subcategory of visa that is required as well as the intended duration of stay. The following is a breakdown of the application fee for a Tier 2 (General) visa for those applying from outside the country:
A maximum of three years will cost you £610 (or £555 if you are a citizen of Turkey or Macedonia).
Up to three years of service in a job for which there is a scarcity of qualified candidates: £464 (or £409 for nationals of Turkey or Macedonia).
Over the course of more than three years: £1,220 (or £1,165 for inhabitants of Turkey or Macedonia).
Over three years of experience in a job for which there is a lack of workers: £928 (or £873 for nationals of Turkey or Macedonia).
The following are the costs for applications submitted inside the country:
£704 per year for up to three years
1,408 GBP per year for more than three years
The compensation for jobs in shortage occupations is the same inside the nation as it is outside.
ICT candidates are required to pay the regular rate even if they are applying for a post in a shortage profession. The cost is only required for Tier 2 General applications.
In addition to this, the applicant for a Tier 2 visa will be required to pay an Immigration Health Surcharge of £375 per year for each and every year that they are granted leave. Because of this, they will be able to use the National Health Service in the UK.
Employers will be required to pay a cost of £199 for each certificate of sponsorship that is issued to a foreign worker; however, certifications are provided free of charge to natives of Croatia, Macedonia, and Turkey. They can be required to pay an Immigration Skills Charge every time they sponsor a migrant worker from a country that is not in the EEA.
The fee for sponsorship by a small organization or a charity organization is £364 for any indicated duration of work up to 12 months, with an additional £182 for any successive period of 6 months. If the sponsor is a medium or large business, they are required to pay £1,000 for any indicated length of employment up to 12 months, plus an extra £500 for any further 6 months.