Skilled overseas migrants may apply for a Tier 2 Work Visa in order to come to the UK to accept a job offer from a UK based employer. Tier 2 Work Visa applicants must ensure that they have a Certificate of Sponsorship from a Home Office Licenced Sponsor before submitting their Tier 2 Work Visa application, as well as meeting all of the other UK Visas and Immigration (UKVI) requirements. Similarly, Tier 2 Sponsor Licence holders must ensure they are compliant with the UK Home Office’s stringent requirements in order to avoid any hefty fines, or even the revocation of their Tier 2 Sponsor Licence.
What is a Tier 2 Work Visa?
A Tier 2 Work Visa allows skilled migrant workers to come and take up employment in the UK. There are 4 Tier 2 Work Visa categories which are:
- Tier 2 General Work Visa;
- Tier 2 Intra-Company Transfer (ICT) Work Visa;
- Tier 2 Sportsperson Work Visa; and
- Tier 2 Minister of Religion Work Visa.
Requirements for a Tier 2 Work Visa
All Tier 2 Work Visa applicants must be able to meet the maintenance and English Language Requirements. Applicants must also have a Certificate of Sponsorship from a Home Office licenced sponsor before making a Tier 2 Work Visa application to any of the above mentioned categories. The Shortage Occupation List, under Appendix K of the Immigration Rules, defines which jobs have a shortage of skilled professionals within a certain profession in the UK which includes nurses and chefs at non-take away restaurants.
Harsher Tier 2 Work Visa Requirements for Tier 2 Sponsor Licence Holders
The Tier 2 General Work Visa is the most popular Tier 2 Work Visa category, despite the Home Office’s enforcement of harsher requirements, such as increasing the Minimum Salary for Tier 2 Work Visa Settlement applications to £35,000 last year and the introduction of the Immigration Skills Charge in April this year. These requirements were put in place by Theresa May to put a financial strain on Tier 2 employers looking to employ migrant workers and encourage them to employ British nationals. Further, UK employers must demonstrate they have conducted the Resident Market Labour Test before employing a non-EEA migrant worker to demonstrate that no suitable British national could be found to fill the position.
Additionally, Tier 2 Sponsor Licence holders must ensure they are compliant with the Immigration Rules and the Home Office’s Tier 2 Sponsor Licence Policy Guidance, in order to avoid having to pay a hefty fine or have their Tier 2 Sponsor Licence revoked. This has been monitored by UKVI increasing the amount of unannounced Tier 2 Work Visa compliance visits over the past year, which includes making sure that Tier 2 Sponsor Licence holders carry out Right to Work checks of their employees every 3 months.
Using Legal Representation to Apply for a Tier 2 Work Visa
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 submit a Tier 2 Work Visa application.
A Sponsor Licence application can be complicated at times as the Home Office have imposed highly specific requirements for applicants to meet. Our expert immigration solicitors will provide you with a tailored service and are on hand to expedite the Sponsor Licence process. We ensure that we assist you to achieve and maintain an A-rated Sponsor status and provide ongoing compliance checks to ensure you are aware of your duties as a registered Sponsor.
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 Tier 2 Work 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 visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa 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 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.