This category is for skilled workers who wish to live and work in the United Kingdom long term and possibly permanently.
You can apply for a Tier 2 (General) visa if you have been offered a skilled job in the UK and you are from outside the European Economic Area (EEA) and Switzerland. This is a points based category, you will need 70 points in total, which can be broken down as follows:
Certificate of sponsorship – 30 points
Appropriate salary – 20 points
Knowledge of English language – 10 points
Maintenance (funds) – 10 points
You will need a certificate of sponsorship from your employer/sponsor. This is not an actual certificate but a reference number given to you by your sponsor/employer. The certificate of sponsorship will be valid for 3 months from the date it is assigned to you.
The certificate of sponsorship must confirm that the job at the required skill level and that you will be paid at or above the appropriate level for the job.
At Lupins, we will advise you on the specific skills and salary level for your particular job.
If you are being paid less than £159,600 or your job is not on the shortage occupation List you will need to go through the resident labour market test.
Under the resident labour market test, your sponsor/employer will need to demonstrate there is no suitable settled worker in the UK who can do the job.
You will only be awarded 30 points if your sponsor has met the requirements of the resident labour market test before assigning the certificate of sponsorship to you.
This means that your sponsor must have advertised the jobs to settled workers for at least 28 calendar days. They must have advertised the vacancy in two stages, with each stage being advertised for no fewer than 7 calendar days and where both stages total a minimum of 28 calendar days.
The sponsor must place two advertisements. In most cases, one of these will be an online advertisement using the Jobcentre Plus Universal Jobmatch service.
The job advertisement must be in English and include all of the following:
Main duties and responsibilities – job description
Location of the job
An indication of the salary (including allowances or salary range or terms of offer)
Skills, qualifications and experience needed
The closing date for the application unless it is a part of a rolling recruitment programme
In order to earn 10 points for knowledge of English language, you will need to pass an approved English language test with at least CEFR Level B1 in reading, writing, speaking and listening. Alternatively, have an academic qualification that was taught in English which is recognized by UK NARIC as equivalent to a UK Bachelors degree, Masters degree, or PhD.
You can also meet the English language requirement if you are a national of specified English speaking countries.
In order to score 10 points for maintenance, you will need to provide bank statements showing that you have held at least £945 in savings continuously over the last 90 days, or your sponsor’s certification that they can support and accommodate you for the first month you are employed.
If you work in education, healthcare, therapy or social services, you will need to provide a criminal record certificate. You will need a certificate from any country you have lived in for 12 months or more in the last 10 years. We will advise you as to whether you will need to provide a criminal record certificate depending on your particular circumstances.
Family members (dependents) ie your husband/wife and children under the age of 18 can accompany you to the UK on this visa.
You will need to show that your dependents can be supported in the UK and you must therefore show an additional amount, currently £630 for maintenance for each dependent and provide proof that you have held this money in either your or your dependents’ bank account for 90 days before you or they apply for the visa.
You can be granted leave for up to 5 years plus 1 month from the start date shown on your certificate of sponsorship, or a period equal to the length of the engagement shown on your certificate of sponsorship plus 1 month, whichever is the shorter.
You can apply to extend your leave if you are continuing in the same job for the same sponsor.
You will need a new certificate of sponsorship and must meet all the points requirements.
The resident labour market test will not be required for your extension application.
You can apply for settlement under Tier 2 (General) once you have reached 5 years continuous leave in the UK. The most recent grant of leave must have been under Tier 2. The continuous 5 years can include leave you previously held in certain specified categories.
You must have continuous leave in order to qualify for settlement. This means you cannot have had more than 180 days absence from the UK during each 12 months of the 5 year period.
Our overriding aim, is to not only ensure that you obtain your visa to enter the UK, but also to make sure that you are in the best possible position to make a successful application for your extension of stay and ultimately settlement. Once you have been settled in the UK for 12 Months, you may be eligible to apply for naturalisation as a British citizen should you so wish. At LUPINS, we can also help you with your applications for British nationality.
We will ensure that you have the correct documentation that proves you fulfil all the requirements of the immigration rules.
Put simply, our immigration solicitors will hold your hands throughout the process,
liaising with all relevant government bodies, including UK Visas and Immigration,
British Consulate, overseas agents and where necessary the courts.