Hi
We Are
WPV

The Tier 2 visa will allow you to live and work in the UK as long as you have been offered permanent employment and your employer is willing to sponsor you.

Some professions such as engineering, healthcare and teaching are in such high demand in the UK that a fast-tracked application process has been created for these workers.

If your occupation is not on the shortage list, your employer must be able to demonstrate that the role cannot be filled by a suitably qualified UK resident.

To find out whether your occupation is on the shortage list, or if you need help completing the online assessment, contact us to speak to one of our consultants.

A Tier 2 (General) visa is a points-based category. Points are awarded for the following:

• Qualifications
• Future expected earnings
• Sponsorship
• English language skills
• Available maintenance (funds)

To be eligible for the Tier 2 work permit, you must have the necessary qualifications required for the position you have been granted. The salary offered by your employer must exceed 20,800 Pounds, but this may vary depending on your occupation.

There are three main steps involved in lodging an application for a Tier 2 visa.

Step 1: Sponsorship licence

The first stage is undertaken by the employer. Your employer will apply directly to UK Visas and Immigration for a sponsorship licence and will be assessed accordingly.

Step 2: Certificate of sponsorship

An approved sponsor applies for a certificate of sponsorship (CoS) for the position they would like a non-resident worker to fill. Once a CoS is assigned, the migrant may apply for their visa.

Step 3: Applying for the Tier 2 (General) visa

In this final stage, the prospective employee will submit a visa application using their unique CoS number and proof that they meet the Tier 2 visa requirements.

The Tier 2 cooling off period prohibits a Tier 2 visa holder from returning to the UK for a period of 12 months after the expiry of their Tier 2 visa, or from switching back to a Tier 2 visa from another UK leave category within 12 months.

The cooling-off period applies where an individual is currently either:

• overseas and their last grant of Tier 2 leave has expired or ended; or
• in the UK and had an earlier period of Tier 2 leave, but then switched to a different immigration category and now wishes to apply again under Tier 2.

There are a number of exemptions where the Tier 2 cooling off period would not apply, which include the following instances:

• The applicant is in the UK on a Tier 2 visa and applying for an extension to their existing leave.
• The applicant is in the UK on a Tier 2 visa and applying for an extension to their existing leave.
• The applicant is returning to the UK as a ‘high earner’, for which the current minimum salary requirement is £120,000.
• The applicant is applying under Tier 2 (ICT) and the gross annual salary stated on the applicant’s current certificate of sponsorship (CoS) is £120,000 or higher (or £155,300 if their Certificate of Sponsorship (CoS) was assigned before 6 April 2017).
• The applicant is applying under Tier 2 (General), Tier 2 (Minister of Religion) or Tier 2 (Sportsperson) and the gross annual salary stated on the applicant’s current CoS is £159,600 or higher (or £155,300 if their CoS was assigned before 6 April 2017).
• The applicant was only in the UK as a Tier 2 migrant during the last 12 months for a short period or periods with a CoS which was assigned for 3 months or less.
• The applicant has had more than one period of Tier 2 leave in the last 12 months and each CoS was assigned for less than 3 months, even where they may total over 3 months.

The Tier 2 cooling off period begins either:

• after the expiration of the Tier 2 migrant’s previous visa, or
• if the migrant left the UK before visa expiry, the earliest date from which they can evidence that they had left the UK and have not since returned.

Complications can arise where an applicant’s previous leave was ‘curtailed’. In such circumstances, the expiry date will normally be 60 days from the date of curtailment, as notified by the Home Office.

If an applicant is concerned that their leave may have been curtailed but has not received notification from the Home Office confirming this, they should contact UKVI to enquire about their leave status.

Where the applicant left the UK before their Tier 2 leave expired, the 12 month period can start earlier than the date their leave expired but only if they can provide evidence of having not been in the UK for a period of 12 months immediately before that date.

Evidence may include, but is not limited to:

• travel tickets or boarding card stubs, but only if the migrant’s last sponsor also sent a report via the Sponsor Management System at the time, confirming their employment in the UK had ended;
• exit or entry stamps in the migrant’s passport confirming they were not in the UK;
• a letter from the migrant’s overseas employer confirming the date they started work overseas, after returning from the UK;
• other evidence that shows the migrant was not in the UK.

Where evidence is produced and accepted, the Home Office will calculate the cooling off period to start from the earliest date supported by evidence.

Case study 1

The applicant was issued a 3 year Tier 2 ICT Long Term Staff visa to allow them to work for their current employer’s UK subsidiary. The project in the UK was however cancelled, and the applicant never travelled to the UK. The applicant has now secured a new job in the UK working for a different employer.

In this instance, the cooling off period does apply. The applicant cannot be employed under a Tier 2 visa until the current visa has been withdrawn by the current employer and 12 months has elapsed.

Case study 2

The applicant was previously issued a Tier 2 General visa, but their employment was terminated prematurely. Their leave was curtailed and they returned to their home country. The applicant has secured employment in the UK with a sponsor who has completed a resident labour market test and now wishes to submit a request for a Restricted Certificate of Sponsorship. In this instance, the cooling off period does apply.

Case study 3

The applicant was in the UK for 3 years under a Tier 2 ICT Long Term staff visa before returning to their home country. Working for the same company, the applicant is needed to return to the UK for a new project. The cooling off period does however apply, and the applicant has to remain outside of the UK for 12 months from the date they left the UK under their previous Tier 2 visa.

Case study 4

The applicant was previously employed in the UK on a Tier 2 visa. After meeting and marrying a British citizen, the applicant then switches from their Tier 2 visa to a spouse visa. In this circumstance, the cooling off period applies, and the application will not be able to switch back to a Tier 2 visa for 12 months.

Case study 5

The applicant currently holds a Tier 2 General visa and has accepted a job offer from a new employer in the UK. The applicant can submit an application for a fresh grant of leave under Tier 2 (General), provided that the new application is made while the applicant is in the UK and their current leave has not expired.

All relevant documentation in relation to your Immigration matter should be brought to your consultation with you. This includes any previous UK Visa and Immigration applications you may have. You will be advised of what to bring to your consultation by one of our highly trained call operators.

• Peace of mind, you will leave the consultation reassured that your case is in the safe of hands of our Immigration specialist
• Our consultation service provides you with you both useful and practical support giving you an idea of the most likely outcome of your application based on our years of experience and knowledge
• Save both time and money, get the right information first time
• You have nothing to lose by using our consultation service as you stand to reduce your costs before the compilation of your case file
• You will gain the personal support of an Immigration specialist
• Our consultation service is available across a number of major cities in the UK making the service accessible to you
• Should you instruct an Immigration Specialist to take on your case, the consultation fee will be deducted from your final payable fee