The Home Office expects the number of Tier 2 applications made in 2019 to increase due to the uncertainty surrounding the future of EU nationals’ post-Breixt. Employers will need to consider the possibility of a no deal Brexit and plan ahead to avoid disruption to their workforce. A popular alternative for employers is hiring employees under the Tier 2 Visa from outside the EU. There are a number of different Tier 2 Visas with the most popular being the Tier 2 General. One of the major obstacles for employers at the moment in relation to the Tier 2 Visa is that employers must show that the job position they wish to fill with a Tier 2 worker requires specialist skills and knowledge. However, this requirement may be relaxed post-Brexit depending on the shortage of occupation.
What must employers do to employ Tier 2 workers?
Employers who wish to recruit Tier 2 workers from outside the EU must hold a valid Tier 2 Sponsor License. The Home Office understands and appreciates that there is a shortage of occupation in the UK, therefore, has provided this work visa route. The main requirement employers must satisfy is to show that their business has genuine vacancies that cannot be filled with a suitably qualified or skilled settled worker (British or EU worker). We have summarised the main considerations that employers must be conscious of when applying for a Tier 2 Sponsor License below.
- Employers will need to apply for the Tier 2 Sponsor License online.
- Employers will need to show that their business is operating lawfully in the UK and the Home Office expects to documentary evidence of trading so that they can make an overall rounded assessment on the credibility of the business.
- Employers must show that they have the relevant business insurances and the systems in place to monitor their employees.
- Employers must also be aware of the Immigration Skills Charge and the Resident Labour Market Test.
On average the Home Office review a Tier 2 Sponsor Licence application within 8 to 12 weeks. In some circumstances, the Home Office can also decide to conduct an onsite visit to see the business. This is usually when the application is lacking key information or when the Home Office have reasons to doubt the credibility of the business. Our Immigration team has proven the method of submitting successful Sponsor Licence applications and also offer bespoke services in relation to work Sponsorship.
What are the different Tier 2 Visas?
There are a number of Tier 2 visas available for Applicants but the most popular visa is Tier 2 General visa. The Tier 2 General visa allows skilled persons from overseas permission to enter the UK to work in their specialist field i.e. doctors, IT staff, dentists, chefs amongst others. In order to apply for a Tier 2 visa Applicants must have been assigned a Certificate of Sponsorship (CoS) from an employer who holds a valid Tier 2 Sponsor License. Applicants must also show that they are being paid an appropriate salary and meet the English language requirement. In addition to these considerations, the Home Office will also consider the Applicant’s travel history and their financial position.
There is also a Tier 2 Intra Company Transfer visa option for existing employees of multinational companies who need to be transferred to their UK branch for training purposes or to fill a specific vacancy that cannot be filled by settled or EEA workers either on a long or short-term visit. There must be a direct link between the overseas company and the UK branch.
There is also the Tier 2 Sportsperson visa route is for elite sports people and coaches who are internationally established at the highest level. Applicants under this route are expected to have made a significant contribution to the development of their chosen sport in the UK and must intend to be based in the UK for the duration of their permission to stay.
There is also a Tier 2 Minister of Religion visa route for Applicants who have been offered a job within a faith community i.e. church priest, mosque imam amongst other positions. Unlike the other Tier 2 visas under this route Applicants can take a second job.
Our lawyers pride themselves in preparing applications and have extensive experience with the immigration rules and Home Office’s guidance to prepare a properly executed visa application with the requisite supporting documentation.
Using Legal Representation to submit a successful Tier 2 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 a Tier 2 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 visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 2 Visa 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 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 Tier 2 Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application 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 a successful visa application. 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 your immigration matter or application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.