The UK Government has maintained that free movement for EEA citizens will end on 31 December 2020 and they will not pursue an extension of the transitional period. Initially, it was expected that the Government may ask to extend the transitional period due to the Coronavirus COVID-19 pandemic but it appears the government is ready to move forward with a brand new immigration system. The new immigration system will introduce a new work visa route, which will replace the current Points Based System Tier 2 Sponsorship. The new work visa will be available for European and non-Europeans workers, which may result in increased competition for jobs. It also remains unclear whether the new work visa will distinguish skilled jobs and non-skilled jobs.
What is a Tier 2 work visa?
Tier 2 work visas enable UK employers to hire non-EEA skilled workers from outside the UK resident workforce. The purpose of the Tier 2 work visa is to provide UK employers the opportunity to fill gaps in the workforce that cannot be filled by British or settled workers. UK employers can only issue Tier 2 work visas if they hold a Tier 2 Sponsor Licence.
Why you should apply for a Tier 2 work visa before 2021?
On 1 January 2021, the UK Government will introduce a brand new immigration system which will include a new work visa route. It has been suggested that the new work visa will be for both European workers and non-European workers. This is likely to make the work visa route more competitive. Further, it is our advice that Tier 2 Sponsors should make the most of the current work sponsorship route. It is unclear what the new requirements may comprise of and this could potentially result in disruption for UK employers. Similar to all new visas, there is no doubt that the new work visa will go through teething issues in the first quarter of next year and this may have dire consequences for employers who heavily rely on migrant workers.
What will happen to my Tier 2 work visa after 2021?
If you are issued a valid Tier 2 work visa before the UK’s formal departure from the EU in January 2021 it is likely that the route will remain open for existing visa holders. Therefore, you will be entitled to extend your visa and also eligible to submit an application for indefinite leave to remain after five years. It is important that you continue to meet the requirements under Paragraph 245 of the Immigration Rules so that your visa status is safe and secure. Alternatively, you can consider switching into the new visa categories that are likely to be introduced Post-Brexit.
What are the requirements for a Tier 2 work visa?
There are a number of different Tier 2 work visas available but the most popular visa is the Tier 2 General visa. The Tier 2 General work visa is for skilled workers who have a job offer for a job that cannot be filled by a British or settled worker. This category also covers jobs on a shortage of occupation list. In order to apply for a Tier 2 General visa, you must meet the following requirements.
- You must have a job offer and a Certificate of Sponsorship (CoS);
- You must not own 10% of shares in the company sponsoring you for the visa;
- You must not fall foul of the General Grounds for Refusal;
- You must score 50 points for attributes. You can score points for holding a CoS which confirms whether the job passes the Resident Labour Market Test (if required) and you for being awarded the appropriate salary as per Appendix J: codes of practice for skilled workers;
- You must score 10 points for the English language requirement;
- You must score 10 points for the Maintenance requirement.
In order to submit a successful application, you must score the appropriate points for each requirement. Our specialist immigration team has a proven method of submitting successful Tier 2 applications.
How our immigration solicitors can help submit a Tier 2 work visa application
Our immigration solicitors in London specialise in Tier 2 work visa applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful visa applications for a range of clients. The key to submitting a successful visa application is being aware of the relevant Immigration Rules and submitting the correct supporting documents. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application.
Using our Immigration Solicitors in London submit a Tier 2 work visa application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to submit a Tier 2 work visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully submit a Tier 2 work visa application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 2 work visa application and ensure that you meet all the requirements under the Immigration Rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 2 work visa application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.