Overseas skilled workers can apply for a Tier 2 Work Visa under the Points-Based-System. This route was designed to enable Tier 2 employers to invite overseas workers from outside the EEA to work with them. However, it is important to note that Tier 2 employers must be able to demonstrate that the advertised job cannot be filled by a settled worker in the UK or will not displace a settled worker in the UK. The Tier 2 Work Visa is an attractive option for overseas workers as it allows migrants to switch into this category as long as they have a valid visa at the time of their application.
Applying for a Tier 2 Work Visa
The purpose of a Tier 2 Work Visa is to allow skilled migrants from outside the EEA to enter the UK to work for a UK employer. A Tier 2 Work Visa application is made under the Immigration Rules and Applicants must acquire 70 points. Applicants will acquire points for the following:
50 points for Attributes – To acquire 50 points for Attributes Applicants must be able to show the job offer passes a Resident Labour Market Test (RLMT), show a Certificate of Sponsorship number and the appropriate salary must be awarded. It is possible to be exempt from RLMT;
10 points for the English language requirement – To acquire 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. If an Applicant is a resident in a majority speaking country then the English language requirement can be satisfied by proving nationality.
10 points for Maintenance – To acquire 10 points for Maintenance Applicants must be able to show that they can be accommodated and maintained in the UK without recourse to public funds.
There are also other considerations that Applicants must be mindful of when submitting their Tier 2 Work Visa. The correct documentary evidence must be provided. Applicants must be able to show that the job offer is genuine and it is listed on the Shortage of Occupation List.
Applicants should also be aware that the Home Office expect an overseas criminal clearance certificate to be submitted with the application.
Switching to a Tier 2 Work Visa
Applicants can switch to a UK Tier 2 Work Visa if they are already in the UK with a valid visa under the Point-Based-System or a family-related visa. Applicants can apply to have their family members accompany them as their dependents.
A popular switching category is switching from a Tier 4 Student visa into a Tier 2 Work visa. The main benefits are that Tier 2 Employers are exempt from the RLMT and are also exempt from paying the Immigration Skills Charge. There are also a number of benefits for Dependents of Tier 4 Students such as applying to switch to a Tier 2 General Work Visa in their own right. In order for a Tier 4 Student to switch to a Tier 2 Work Visa, they must have completed a course leading to the UK recognised bachelor’s or master’s degree.
Using Legal Representation to submit a Tier 2 Work Visa Applications
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.
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 Tier 2 Work Visa application 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 Tier 2 Work Visa 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 Tier 2 Work Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 2 Work 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. LEXVISA is just 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 Tier 2 Work 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.