Just before the Christmas holiday period, we received the wonderful news that our client (“the Applicant”) was granted his Entry Clearance Tier 2 (General) visa. It was in fact a double celebration as his daughter, who had applied at the same time as a Tier 2 (Child Dependent), was also granted her visa in order to join her father in the UK. The Applicant and his daughter used the super-priority visa service so received their decisions within 24 hours of their documents and biometric information being submitted at the VFS Global visa application support centre. LEXVISA specialises in points-based system applications and arranging appointments for our clients at the relevant visa application support centre, therefore if you are thinking of applying for a Tier 2 visa, you should contact us to arrange a consultation with our solicitor to find out more about the visa requirements and our bespoke service which makes the entire process easier and stress-free.
The Case for Entry Clearance Tier 2 (General) and Tier 2 (Child Dependent) Visas
The Applicant was an American national who had previously lived in the UK on a Diplomatic passport. His daughter was also an American national who lived in the UK with the Applicant as his dependent, as the Applicant was his daughter’s primary guardian and caregiver whilst his daughter’s mother is currently serving in the Armed Forces overseas. The Applicant was a highly skilled and experienced Physician Associate and towards the end of his diplomatic posting in the UK, he was offered a position as a Physician Associate in the UK from an A-rated Tier 2 Sponsor Licenced employer. The employer had completed the Resident Labour Market Test and assigned the Applicant a Certificate of Sponsorship (“CoS”). The Applicant then came to us to help prepare a successful Tier 2 (General) visa application as well as a Tier 2 (Dependent) visa application for his daughter, who had just turned 17 at the time of making the application.
We advised the Applicant that he was unable to switch into the Tier 2 visa from his Diplomatic visa from within the UK, therefore he and his daughter had to go back to the USA and submit their applications from there. The Applicant needed a quick decision on their applications so that he could return to the UK in time for his start date in the New Year, therefore they opted for the Super Priority Visa service which aims to provide a decision within 24 hours. Because the applications were prepared properly, clearly demonstrating that all of the requirements had been met, the Applicant and his daughter were indeed able to collect their passports with their entry clearance visa stamps within 24 hours of them giving their biometric information and supporting documents.
What are the main requirements for an Entry Clearance Tier 2 (General) Visa Application?
The Tier 2 (General) visa is a Points Based System application under the Immigration Rules. This means applicants must have acquired a certain number of points in order for their application to be successful. For a Tier 2 (General) application, applicants must acquire 70 points for the below requirements:
Attributes (50 points) – To get 50 points for Attributes, Applicants must be able to show that the job offer has satisfied the RLMT, give a valid CoS number and be awarded the appropriate salary. It is possible to be exempt from the RLMT in certain circumstances which would need to be clearly put forward to the Home Office for the avoidance of doubt.
Maintenance (10 points) – To get 10 points for Maintenance, Applicants must be able to show that they can be maintained and accommodated in the UK without recourse to public funds by submitting 90 days’ worth of bank statements showing the Applicant has access to a specified amount of money. It is possible for employers to certify their employee’s maintenance on the CoS in order to meet this requirement.
Knowledge of English Language (10 points) – To get 10 points for the English Language requirement, Applicants must meet a minimum level of CEFR level B1 in reading, writing, speaking and listening or have an academic qualification that was taught in English. Applicants from majority English speaking countries can satisfy the English Language requirement by proving their nationality.
What are the main requirements for a Tier 2 (Dependent) Visa application?
Dependent family members such as partners and children can apply for a visa at the same time as the main applicant or to join a Points Based System migrant in the UK if they can meet all of the necessary requirements. The most important thing that a Tier 2 dependent, or any Points Based System Dependent, must demonstrate is the genuine and subsisting relationship with the main Points Based System migrant/applicant.
All Dependents must also meet the maintenance requirement and English language requirement in order for their application to succeed.
For child dependents of Tier 2 migrants, there are additional requirements that must be demonstrated:
- Both of the dependent’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant; or
- one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the dependent, unless:
- The main Applicant is the dependent’s sole surviving parent; or
- The main Applicant is the parent that has and has had sole responsibility for the dependent’s upbringing; or
- There are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the dependent’s care.
It is particularly important that sufficient evidence to prove sole responsibility (if applicable) is submitted as we have seen may applications get refused on this basis, which causes an understandable great deal of stress for applicants and dependents. Therefore please contact LEXVISA business immigration specialists in order for all requirements to be correctly met.
Using Legal Representation to apply for Entry Clearance Tier 2 (General) and Tier 2 (Dependent) Visas
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make a Points Based System application under the Immigration Rules.
Caseworkers at the Home Office are trained to reject UK Visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Entry Clearance Tier 2 (General) and dependent visa applications succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Entry Clearance Tier 2 (General) and Tier 2 (Dependent) Visa Applications
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 immigration status and the merit of your Tier 2 application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Entry Clearance Tier 2 (General) and Tier 2 (Dependent) Visa applications and ensure that you meet all the requirements of the relevant 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 Tier 2 (General) and Dependent Visa 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 possible UK Visa routes and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.