If your Tier 2 General visa is up for renewal you must submit a Tier 2 General visa extension application before the expiry date and with the mandatory documents under relevant Appendixes. This application is also often referred to as a Tier 2 leave to remain application. If you fail to submit a valid application you will be required to leave the UK and the Tier 2 Cooling-off period will apply which will ultimately prevent you from applying for another Tier 2 visa for a period of 12 months. To submit a successful application you must score 70 points under the Point-based System. All Tier 2 General extension applications must be submitted under paragraph 245HD of the Immigration Rules.
What is a Tier 2 General visa extension application?
A Tier 2 General visa extension application extends a migrant worker’s visa for a further period of 1, 2 or 3 years depending on the initial grant period. Similarly to the initial application, the Tier 2 General extension also requires applicants to score 70 points under the Point Based System. 50 points will be awarded for attributes, 10 points will be awarded for the English language and 10 points for the Maintenance requirement.
How long can you extend a Tier 2 General visa?
The maximum period you can have Tier 2 General leave is 6 years. After this, you must either (i) apply for indefinite leave to remain under the Tier 2 General route under paragraph 245HF of the Immigration Rules or (ii) leave the UK. If you leave the UK you will be subject to the Tier 2 cooling-off period and you must wait 12 months before returning as a Tier 2 General worker.
What are the requirements for a Tier 2 General Visa extension?
Tier 2 General extension applications must be submitted under paragraph 245HD of the Immigration Rules with reference to Appendixes A, B and C. The application is a Points Based System application, therefore, you must score 70 points. You will need to score 50 points for attributes. To score 50 points for attributes you must show that you are continuing to work in the same occupation for the same Sponsor and you meet the appropriate salary requirement. Tier 2 Sponsors must use the Sponsor Management System (SMS) to apply for an updated Certificate of Sponsorship (CoS) which must reflect the occupational code and salary. You will not be able to submit the online Tier 2 General extension application without a new CoS number. You will need to score 10 points each for the English language and maintenance requirement.
What is the Maintenance requirement for a Tier 2 General extension?
Migrants are required to score 10 points for the maintenance requirement by showing that they have at least £945 in cash savings for a period of 90 consecutive days. Alternatively, your Tier 2 Sponsor can certify the maintenance on the Certificate of Sponsorship (CoS).
What is the English language requirement for a Tier 2 General Visa extension?
Migrants are required to score 10 points for the English Language requirement. If you are applying for entry clearance or further leave to remain under the Tier 2 General category, you must have a level of English equivalent to level B1 or above of the Council of Europe’s Common European Framework for Language Learning. There are a number of different ways you can meet this requirement. The easiest way is to show that you have met the requirement in a previous application or that you are a national of a majority English speaking country. Alternatively, you can sit an English language test or show that you have a qualification that was taught in English.
Does my employer need to carry out a Resident Labour Market Test for the Tier 2 General Visa extension?
Employers are not required to carry out a Resident Labour Market Test (RLMT) for Tier 2 General extensions. However, employers must ensure that the Tier 2 worker is working in the same capacity as the initial grant of leave and there is no change in the Standard Occupational Classification (SOC) code.
How long can I stay in the UK after my Tier 2 visa expires?
If your Tier 2 work visa has expired you must submit your Tier 2 General extension application within 14 days from the date of expiry (grace period) or leave the UK. If you wish to submit an application within the grace period you must provide a valid reason as to why your application is late. There are a number of different reasons to why an application deadline may be missed i.e. family bereavement, technical issues or any other compelling/exceptional circumstance. These applications are considered case-by-case basis so therefore, the onus is on the Applicant to provide an explanation for the late submission.
Can I work while my Tier 2 General Visa extension is pending?
You can continue working for your Tier 2 Sponsor while the Home Office considers your application as long as you submit your Tier 2 General visa extension before the expiry date. Under the Immigration Act 1971, your status will be extended by Virtue of 3C leave. However, 3C leave will not cover those applications submitted in the grace period.
Should I carry my Tier 2 General visa extension BRP all the time?
Yes, if you are travelling from one country to another you should always carry your original Tier 2 General BRP. You may be refused entry on arrival if you fail to provide your original BRP at the port of entry. If you have lost your BRP you must apply for a replacement copy from overseas by contacting the Home Office or the British embassy. However, there is no formal requirement to carry the original BRP on a day-to-day basis in the UK. You can carry a copy of your BRP for ID checks.
How our immigration solicitors can help with a Tier 2 General visa extension application?
Our immigration solicitors in London specialise in Tier 2 General extension applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful visa applications for a range of different small and medium-sized enterprises (SME). The key to submitting a successful Tier 2 General visa extension 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 to submit a successful Tier 2 General visa extension 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 apply for a Tier 2 General extension. 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.
Successful Tier 2 General visa extension applications with our Immigration Solicitors in London
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 Tier 2 General extension 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 General extension 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 General extension application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.