Tier 2 Visa

Tier 2 (Sportsperson)

The Tier 2 (Sportsperson) category is for elite sportspeople and coaches who are internationally established at the highest level and will make a significant contribution to the development of their sport. Each application will need to be endorsed by the sport’s governing body in the country.

At Irish Expert we provide advice and assistance to enable Tier 2 Sportsperson to apply for their entry clearance visa application.

You can contact our UK Immigration experts on +91 9633 746454 or email us at info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to applying as UK Tier 2 Sportsperson.

UK Tier 2 sponsor licence

The Tier 2 visa category was earlier known as Work Permit visas, Tier 2 visas are work visas that Home Office licensed UK employers holding Tier 2 sponsor licence. There are various subcategories of Tier 2 visa UK including:

  • Tier 2 General
  • Tier 2 Intra company transfer
  • Tier 2 Minister of religion
  • Tier 2 sportspersons

If you are a UK business considering sponsoring migrant workers under the points-based system and would like to find out whether you can be a Tier 2 visa sponsor, how to apply for a Tier 2 sponsor licence, how you can sponsor Tier 2 migrants when you have a licence, and what your duties are as a Tier 2 sponsor.

A UK employer will need a Tier 2 sponsor licence to employ someone from outside the European Economic Area (EEA) and Switzerland to work for you in the UK. This includes unpaid work, like running a charity.

As UK employer the company can apply for Tier 2 sponsor licence depending on their requirement:

  • Tier 2 – skilled workers with long-term job offers
  • Tier 2 Shortage Occupation
  • Tier 5 (Youth Mobility Scheme)

UK employers can apply for a sponsor licence covering either tier or both.

Tier 2 Sponsor Licence

A Tier 2 licence allows employers to bring in skilled workers who will be employed on a long term basis. Tier 2 licence holders can bring applicants in the UK on the following sub categories:

  • Tier 2 General – the role must meet the job suitability requirements
  • Tier 2 Intra-Company Transfer – for multinational companies which need to transfer employees to the UK
  • Tier 2 Minister of Religion – for people coming to work for a religious organisation (for up to 3 years)
  • Tier 2 Sportsperson – for elite sportspeople and coaches who will be based in the UK

At Irish Expert our UK Immigration experts have helped companies in different industries including Information Technology, Mobile telephony, App development, Gems & Jewelery, Industrial goods manufacturers, Engineering goods, Health & wellness companies to successfully apply for Tier 2 sponsor licence.

Sponsor Licence Renewal

After the initial granting of a Sponsor Licence, the licence will be considered valid for a period of four years after which it must be renewed. Failure to renew a Sponsor Licence leads to an inability to employ your non-EU workers, and will result in strict penalties and fines if an unlicensed employer continues to employ these workers.

At Irish Expert, we have experience with Sponsor Licence renewals, and are available to assist you with this process.

Tier 2 General

You can apply for a Tier 2 (General) visa if you’ve been offered a skilled job in the UK and you’re from outside the European Economic Area (EEA) and Switzerland.

The Tier 2 (General) category is for foreign nationals who have been offered a skilled job to fill a gap in the workforce that cannot be filled by a settled worker.

Tier 2 General is a Point Based Category and points can be awarded for

  • Been granted a Certificate of Sponsorship (CoS),
  • Earning appropriate Salary,
  • Meeting the English language requirement and
  • Having relevant funds for maintenance.

If you want to apply for a Tier 2 General visa, you must be sponsored by a UK employer who has the Tier 2 sponsor license. The applicant must comply with all the requirements of codes of practice for employers including the job level, minimum salary, meeting English language and maintenance funds.

Initial Entry Clearance

For entry clearance as a Tier 2 General Migrant, usually, a restricted Certificate of Sponsorship (CoS) is required unless

  • job is on the shortage occupations list or
  • prospective salary to be paid to the Tier 2 Migrant is £159,600 or more per annum

There is an annual limit on the number of Certificates of Sponsorship available under Tier 2 (General) for the restricted Certificate of Sponsorships.

Unrestricted Certificate of Sponsorship (CoS) where salary offered is £ 159,600 or higher are not covered under any quota limits.

If you have received a Certificate of Sponsorship from a UK employer or if you are a UK employer and want to apply for a Certificate of sponsorship you can contact our UK Immigration experts on +91 9633 746454 or email us at info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to UK Tier 2 General visa.

Resident Labour Market Test

Should the employer make an application for you under the restricted CoS, then the employer will need to provide evidence to the UKVI of a Resident Labour Market Test (RLMT) being carried out.

The resident labour market test is there to protect the settled workforce and means that the employer must advertise the job to give settled workers a chance to apply. They can only recruit a migrant if:

  1. a) RLMT is completed as per the provided instructions and the employer can demonstrate that no suitable settled worker is available to fill the job, or
    b)the job is exempt from the resident labour market test. (e.g. where salary offered is £ 159,600 or higher).

To complete an RLMT for any job in the Tier 2 (General) category, the employer must place two job advertisements using the methods permitted by the UKVI.

1) Jobs must be advertised with the Job Centre and

2) National Newspaper – which must be published at least once a week and is marketed throughout the UK or throughout the devolved nation in which the job is located or

3) Professional Journal – which is published for a particular field and is available nationally either through retail outlets or subscriptions. The journal must be published at least once a month and be relevant to the nature of the job. or

4) Internet – there are no restrictions on the specific website but it must be an online version of a national newspaper, an online version of a professional journal or the website of a prominent or professional recruitment organization. or

5) Organisations which have over 250 permanent employees in the UK are also permitted to advertise the job on their own website.

At Irish Expert we provide advice and assistance to UK employers in carrying out Resident Labour Market Test (RLMT) you can contact our UK Immigration on +91 9633 746454 or email us at info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to Resident Labour Market Test.

Dependents of Tier 2 General migrant

Family members of migrants who are in the UK as Tier 2 General visa holder would be allowed to enter the UK as dependents if they are from outside European Economic Area (EEA).
A ‘dependant’ is any of the following:

  • husband, wife or partner
  • child under 18
  • child over 18 if they’re currently in the UK as a dependant

Dependants applying from outside the UK

If the dependants meet all the relevant requirement of the dependant visa, then they would be required to apply online. And also would be required to have their fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of their application.

Dependants applying in the UK

In certain cases the dependants can apply to extend or switch their visas to stay with the migrant if they’re already in the UK. They should apply using the dependant application form.

They can apply at the same time as the primary applicant or at a later date by post, or in person at a premium service centre.
While applying for dependent visa it is not possible for the applicant to ‘switch’ the visa from within the UK, this means that Family members can’t apply in the UK as dependant if they hold a visitor visa and have entered the country on a visitor visa. The applicants will be required to return to their home country to make a fresh application.

The visa is granted for the same duration as the visa of the main applicant.

For dependant children all arrangements for children’s care and accommodation in the United Kingdom must comply with relevant United Kingdom legislation and regulations.

For all dependant visa applications it is necessary to show that the applicant and the sponsor will be able to support themselves without any recourse to public funds. This is also called as the maintenance funds requirement.

Tier 2 (Intra Company Transfer)

This category is for employees of multinational companies who are being transferred by their overseas employer to a UK branch of the organisation, as who are being transferred by their overseas employer to a UK branch of the organisation on a long-term basis or transfer of graduate employees for 12 month period. There are 2 sub-categories:

  • Long-term staff – for established, skilled employees to be transferred to the UK branch of their organization for more than 12 months to fill a post that cannot be filled by a new recruit from the resident workforce. This requirement is waived if the applicant is being paid a salary of £ 73,900 or more to work in the UK.
  • Graduate trainee – this route allows the transfer of recent graduate employees to a UK branch of the same organization, the employee must have worked for at least 3 months with the overseas employer.

If you are a company who wants to send employees to the UK you can contact our UK Immigration experts on +91 9633 746454 or email us at info@irishexpert.com if you are seeking legal help from UK visa consultants in relation to UK Tier 2 Intra Company Transferee.

Dependents of Tier 2 Intra Company Transfer migrant

Family members of migrants who are in the UK as Tier 2 Intra Company Transfer visa holder would be allowed to enter the UK as dependents if they are from outside the European Economic Area (EEA).
A ‘dependant’ is any of the following:

  • husband, wife or partner
  • child under 18
  • child over 18 if they’re currently in the UK as a dependant

Dependants applying from outside the UK

If the dependants meet all the relevant requirement of the dependant visa, then they would be required to apply online. And also would be required to have their fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of their application.

Dependants applying in the UK

In certain cases, the dependants can apply to extend or switch their visas to stay with the migrant if they’re already in the UK. They should apply using the dependant application form.

They can apply at the same time as the primary applicant or at a later date by post, or in person at a premium service centre.

While applying for the dependent visa it is not possible for the applicant to ‘switch’ the visa from within the UK, this means that family members can’t apply in the UK as a dependant if they hold a visitor visa and have entered the country on a visitor visa. The applicants will be required to return to their home country to make a fresh application.

The visa is granted for the same duration as the visa of the main applicant.

Tier 2 (Minister of Religion)

You can apply for Tier 2 Minister of religion if you have been offered a job for example as a minister of religion, missionary, or member of a religious order within a faith community i.e. a community of people sharing the same religious faith e.g. a religious order, temple trust, church etc. in the UK

Typically the Pastoral duties can include::

  • leading worship regularly and on special occasions;
  • giving religious education to children and adults by preaching or teaching;
  • officiating at marriages, funerals and other special services; and
  • offering counselling and welfare support to members of the congregation; and
  • recruiting, training and co-ordinating the work of any local volunteers and lay preachers.

In addition to preaching and teaching work as a missionary can include:

  • the organisation of missionary activity (but should not be administrative or clerical, unless filling a senior post);
  • supervising staff;
  • co-ordinating the organisation of missionary work;
  • being in charge of a particular activity such as accounts/finance, personnel management or IT; and
  • translating religious texts – this is missionary work, not clerical work.

The work in a religious order must be in the order itself, or outside work directed by the order.

If you are a member of a religious order and you want to study for a qualification, a formal full-time course of study or training in an academic institution not looked after by the order, you should not apply to Tier 2 (Minister of religion. Instead, you should apply as a student under Tier 4 of the points-based system.

At Irish Expert we provide advise and assistance to enable Tier 2 Minister of Religion to apply for their entry clearance visa application.

Our clients in UK or India can speak to our Tier 2 Minister of Religion Visa Consultant on +91 9633 746454 and book your appointment with our Experts.