General Migration- Tier 2 Working Migrants
Should you wish to seek to enter the UK or extend your leave or vary your leave to remain as a Tier 2 Worker, this is the category that applies to you.
The rules in relation to seeking entry or leave to remain in the UK based upon working in this country have become particularly complex.
It is important to understand how the rules work and where the necessary documents and Appendices can be found.
You may wish to consider the routes of:-
- Tier 2 (Intra- Company Transfer) Migrants
- Tier 2 (General) Migrants
- Tier 2 (Minister of Religion) Migrants
- Tier 2 (Sportsperson) Migrants
Tier 2 General Migrants
Purpose of these routes
These routes enable UK employers to recruit workers from outside EEA to fill up a particular vacancy that cannot be filled by a British, settled or EEA worker.
The need for Entry Clearance
All migrants arriving in the UK and wishing to enter as a Tier 2 General Migrant, Tier 2 Minister of Religion Migrant or Tier 2 Sportsperson Migrant must have a valid entery clearance for entry under the relevant one of these routes. If they do not have a valid entry clearance, entry will be refused.
Requirements for Entry Clearance
To qualify for entry clearance as a Tier 2 General Migrant, Tier 2 Minister of Religion Migrant or Tier 2 Sportsperson Migrant, an Applicant must meet the requirements listed below. If the Applicant meets these requirements Entry Clearance will be granted. If the Applicant does not meet the requirements, the application will be refused.
- The Applicant must not for refusal under the general grounds for refusal
- If applying as a Tier 2 General Migrant, the Applicant must have a minimum of 50 points under Paragraph 76 to 84a of Appendix A
- If applying as a Tier2 Minister of Religion Migrant the Applicant must have a minimum of 50 points under Paragraph 85 to 92a of Appendix a
- If applying as a Tier 2 Sportsperson Migrant the Applicant must have a minimum of 50 points under Paragraphs 93 to 100 of Appendix A
- The Applicant must have a minimum of 10 points under Paragraphs 1 to 18 of Appendix B
- The Applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C
- Except where the period of engagement recorded by the certificate of sponsorship used in support of such entry clearance or leave to remain was granted for a period of 3 months or less , the Applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application unless the Applicant was not in the UK with leave as a Tier 2 Migrant during this period and provides evidence to show this or will be paid a gross annual salary of £153,300.00 per year or higher.
Period and conditions of grant
Entry Clearance will be granted with effect from:-
- 14 days from the start to date of the Applicant’s employment in the UK, as recorded by the Certificate of Sponsorship Checking Service.
- 7 days before the intended date of travel recorded by the Applicant either through the relevant online application process or in the specified application form, providing this is not more than 14 days after the start date of the Applicant’s employment in the UK, as recorded by the Certificate of Sponsorship Checking Service, or
- The date Entry Clearance is granted.
Whichever is the latest.
Entry clearance will be granted for a period ending:
- 14 days after the date ending of employment in the UK, or
- At the end of the maximum time available for the applicable Tier 2 General, Tier 2 Minister of Religion or Tier 2 Sportsperson Category, are set out in C, from the date Entry Clearance was granted, whichever is the earlier
The maximum time referred to us above is 5 years and 1 month, if the Applicant is applying as a Tier 2 General Migrant or 3 years and 1 month if the Applicant is applying as a Tier 2 Minister of Religion Migrant or Tier 2 Sportsperson Migrant.
Entry Clearance will be subject to the following conditions:-
- No recourse to public funds,
- Registration with the police, if this is required by Paragraph 326 of these rules, and
- No employment except: working for the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being permitted to do so, supplementary employment, voluntary work and if the Applicant is applying as Tier 2 Sportsperson Migrant, employment as a sportsperson for his national team while his national team is in the UK, study subject to the conditions set out in part 15 of these rules were the Applicant is 18 years of age or over.
Points to note
It is very important that when considering making an application under the Tier 2 Working categories, one not only understands the requirements are set out above, but has a good understanding of Appendix A, attributes, Appendix B, English language and Appendix C, Maintenance (Funds). The links to the relevant sections of the Immigration Rules are here.
Apart from that, it is very important that employers as well as working migrants have a good working knowledge of the codes of practice for skilled work. This is Appendix J of the Immigration Rules and the relevant link can found here.
In order to finds out whether the specified employment is on the shortage occupation list and therefore does not need to be advertised to the UK workforce in the first instance, it is important that Appendix K of the Immigration Rules is considered.
Bushra Ali Services
At BUSHRA ALI SOLICITORS we are able to provide a full package service with regards to Tier 2 Working Migrant Application.
We are able to assist potential employers seeking to obtain a UK Sponsorship License for their businesses to employ foreign migrant workers.
The rules with regards to employers applying for Sponsorship Licenses are particularly complex. We provide a full package service in assisting employers throughout the process and in maintaining the Sponsorship License also. Please contact us for further details. Contact details here
It is very important to understand as to whether the particular post of employment is still one for which the Secretary of State will allow foreign migrant worker to fill. We are able to explain the codes of practice in such a way that can easily be understood.
Furthermore, it is important to understand the salary that must be paid to a foreign migrant to take up a certain post. Again we are able to explain this in great detail to both employers as well as potential employees.
There are certain posts that the Secretary of State accepts that there is a genuine shortage within the British and UK workforce to fill and therefore they are on what is known as the shortage occupation list.
This means that if the particular post of employment is on the shortage occupation list it is already accepted that there is a genuine shortage of persons in the UK to fill that post and in turn the Resident Labour Market Test does not need to be met. The Resident Labour Market Test requires employers to advertise a certain post in a certain number of mediums, in a certain way for a certain amount of time and if indeed the post is applied for by an appropriate British, settled or EA person, then the foreign migrant cannot take up that post and that post must be offered to the appropriate and suitably qualified person who has applied for it.
We are therefore able to explain all these rules in great detail and assist throughout the application process.
Contact us for further details.