Tier 2

The Tier 2 (General) visa is a popular option for non-EEA skilled workers who have received a job offer in the UK that cannot be filled by a domestic worker. The visa also allows the visa holder and their family members to apply for Indefinite Leave to Remain in the future. Given the highly competitive global market for skilled workers, it is essential for individuals to obtain legal advice to ensure they are choosing the right immigration pathway for their specific needs.

What is the Tier 2 visa?

A Tier 2 visa provides the primary immigration route for skilled workers from outside the European Economic Area (EEA) or Switzerland to come to the UK to work for an approved licensed employer. Tier 2 of the UK’s points-based system can be broken down into the following four subcategories:

• Tier 2 (General): this will allow foreign skilled workers to accept a job offer that cannot be filled by a suitably qualified or skilled settled worker
• Tier 2 (Intra-Company Transfer): this will allow existing employees of an international company or organisation to transfer to a UK branch
• Tier 2 (Sportsperson): this will allow elite athletes and coaches who are internationally established to be based in the UK
• Tier 2 (Minister of Religion): this will allow religious workers to undertake employment within a faith community in the UK

What are the Tier 2 visa requirements?

The majority of Tier 2 visa applications will be made under the Tier 2 (General) subcategory. This enables skilled non-EEA migrant workers to accept an offer of a job that cannot be filled by a suitably qualified or skilled settled worker, including workers coming to the UK to fill shortage occupations, i.e., where there are not enough workers in the domestic labour market to meet demand.

To qualify for a Tier 2 (General) visa, the applicant will need to:

• Have a confirmed offer of employment from a licensed UK employer (sponsor).
• Have a valid certificate of sponsorship.
• Score 70 points under the points based system.
• Have a genuine offer of a job that will not displace a suitably qualified or skilled settled worker.
• Be offered a job that meets certain skill and salary level requirements.
• Meet the English language requirement.
• Meet the maintenance requirement.

Tier 2 skill & salary level requirement

Any job that is offered to a non-EEA migrant worker must also meet the relevant Tier 2 skill and salary levels, although the required level of skill and salary can vary depending on the nature of the job.

The job will usually need to meet level 6 or above on the Regulated Qualifications Framework (RQF). In a creative sector occupation, or for a job that appears on the list of shortage occupations, the job must be skilled to RQF level 4.

The minimum salary requirement is usually at least £20,800 per annum for new entrants or £30,000 for experienced workers, or the appropriate rate for the job in question, whichever is higher.

Genuine vacancy requirement

In order for a Tier 2 visa to be granted, the UK Home Office must be satisfied that the non-EEA migrant worker is being sponsored for a genuine vacancy in the UK, and that this will not displace a suitably qualified or skilled settled worker.

As a prospective employer, you are not permitted to offer a position to a non-EEA migrant worker if there is a suitable worker in the domestic labor market who could perform the job or who would be made redundant as a result.

In cases where the job in question is not on the shortage occupation list, you will need to advertise the job within the UK before offering the position to a non-EEA migrant worker. This is known as the Resident Labor Market Test (RLMT).

If the RLMT applies to the job, you must have met the requirements before assigning a certificate of sponsorship to any prospective employee. Additionally, the certificate of sponsorship must confirm that the RLMT has been completed.

Financial maintenance requirement

As part of the Tier 2 visa application process, the applicant must demonstrate to the UK Home Office that they have the financial means to support themselves upon arrival in the country. This can be done through providing evidence of personal savings or through a maintenance guarantee from the licensed UK sponsor, indicating that the sponsor will

If the licensed sponsor does not provide a maintenance guarantee on the certificate of sponsorship, the applicant must demonstrate that they have had at least £945 in their bank account for 90 days prior to the date of their application.

English language requirement

As part of the Tier 2 visa application process, the applicant must demonstrate to the UK Home Office that they possess the necessary level of English language proficiency. This can be shown through passing an approved English language test or possessing an academic qualification that was taught in English and is recognized as equivalent to at least a UK bachelor’s degree.

However, nationals from majority English-speaking countries, such as the USA, Canada, Australia, or New Zealand, are not required to provide proof of their knowledge of the English language.

Certificate of sponsorship requirement

As a prospective employer offering a genuine job opportunity to a migrant worker with the required skills and salary level, you must assign a valid certificate of sponsorship to them. However, this can only be done if you are a UK licensed sponsor. If you have not yet obtained this status under Tier 2, you must first apply for approval from the Home Office.

As a Tier 2 sponsor, you have a responsibility to assign certificates of sponsorship only to migrant workers who are suitably qualified or registered for the job in question. Moreover, the certificate of sponsorship must confirm that the job meets the necessary skill and salary requirements.