Tier Two General Skilled Worker Visa

If you are an individual with a definite offer of a skilled job (at NQF Level 6) (including to fill shortage occupations) in the UK from a Tier 2 Sponsor then the Tier 2 General visa category is an option.

For a Tier 2 Visa you will need to show the following:

  • A Tier 2 Sponsor License holder has offered you a job offer in the UK;
  • The job offer is a genuine vacancy;
  • You are appropriately qualified or registered to do the job.
  • Job is at least graduate level (NQF Level 6) or a specified creative profession;
  • The job is on the Home Office’s list of skilled occupations;
  • A minimum salary of £30,000 (£20,800 for some applicants) or the minimum for the exact job you are doing, whichever is higher;
  • You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening and speaking);
  • Have adequate financial means without having to rely on public funds.

For a Tier 2 Visa the Sponsor will need to show the following:

  • There is no suitable settled worker to fill the role;
  • They have advertised the role for at least 28 days in two places and no suitable settled worker has applied (unless on the Shortage Occupation List or switching from Tier 4 General Student);

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    How long is my visa valid for?

    • Your first visa will be valid for a maximum period of 5 years and 14 days or the time given on your Sponsorship Certificate plus 1 month, whichever is shorter.
    • Your stay must start no more than 14 days before the start date on your Certificate of Sponsorship;
    • Applications to extend your stay for up to a further 5 years, as long as your total stay is not more than 6 years;
    • You can settle permanently in the UK after being in the Tier 2 General category for five years.

    Dependents:

    • Any partner and children under 18 years old can accompany you as your dependents.

    Switching:

    • Switching into the Tier 2 General immigration category is possible if you are already in the UK under Tier 1, 2, or 4 of the point-based system;
    • If you have been in the UK under some other immigration categories you might be able to combine the time spent to count towards settlement;
    • You may not be able to apply to re-enter the UK if you have held a Tier 2 visa within the previous 12 months and may be subject to a ‘cooling off period’;

    Tier 4 General Student:

    As a Tier 4 General Student Visa holder, in order to be eligible to switch into the Tier 2 General category you will need show:

    • You have completed and passed your degree course; or
    • Are applying within 3 months before the expected completion date.

    Meeting the financial requirement:

    • Guaranteed allowances can be included to show you meet the minimum salary criteria (provided this would also be paid to a settled worker);
    • You must not own more than 10% of the share capital of the sponsoring company, unless your gross salary over £159,600.

    Conditions of Employments:

    • Usually only work for your Sponsor will be permitted;
    • You may be able to do some additional part time work in certain circumstances;
    • Criminal record checks for some health, education or social work roles may be required from any country that you have lived in for 12 months or more in the last 10 years.

    How can AIB help?

    AIB frequently provide advice to companies of all sizes and their skilled workers across a variety of industries and sectors.

    We can advise you on prospects of success, what you will need to meet the requirements of the Immigration Rules, and can prepare your application so you avoid common mistakes which can result in delays or your application being refused and help you to meet career ambitions and immigration goals.

    AiB understand the complex requirements of the Immigration Rules. We offer specialist advice, increasing the chances of securing a successful outcome for your visa application.

    We are approachable, responsive and proactive; taking pride in our commitment to meet the needs of our clients by providing sincere, clear, and reliable immigration advice.

    Important update:

    From early 2021, the current NQF level 6 (highly skilled worker) category is due to relaxed to NQF 3 level.

    Although this will open upon more eligible roles, there will be a minimum salary requirement of around £26,000.

    Disclaimer

    The information and commentary on this website is provided free of charge for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice to any person and should not be relied on as such.

    Information is intended to be accurate at the date of publication.  Immigration law changes frequently and rapidly. The older a post is, the more likely it is to be out of date and/or that further legal developments have occurred