TIER 2 (GENERAL)

This section regarding Tier 2 (General) category contains information about immigration routes currently available to skilled workers who have a job offer.

If the applicant is a national of a country outside the European Economic Area (EEA) or Switzerland (except Turkey), applicant will need to apply under the points-based system. Applicant must

have a job offer from a licensed sponsor and a valid certificate of sponsorship; and
pass the points- based assessment.

The skilled worker category (Tier 2 General) is for people coming to the United Kingdom with a skilled job offer to fill a gap in the workforce that cannot be filled by a settled worker.

ELIGIBILITY

Applicant can switch in to the skilled worker category from any of the following immigration categories;

highly skilled worker (tier 1);
sponsored skilled worker (tier 2);
a student;
a student nurse;
a student re-sitting an examination;
Dependant partner of a Tier 4 migrant;
person writing up a thesis;
overseas qualified nurse or midwife;
postgraduate doctor or dentist,
student union sabbatical officer;
qualifying work permit holder;
Highly Skilled Migrant;
a participant in the International Graduate Scheme (formerly known as the Science and Engineering Graduate Scheme);
a representative of an overseas newspaper, news agency or broadcasting organisation;
a participant in Fresh Talent: Working in Scotland Scheme;
minister of religion, missionary or member of a religious order;
member of the operational ground staff of an overseas-owned airline;
innovator;
a Jewish agency employee.

If the applicant is not in any of these categories, then applicant must leave the United Kingdom and apply as a new application at applicant’s local entry clearance post.

Switching from Post-Study Work (PSW Tier 1)

Applicant can claim 30 points if the applicant is switching from;

The post-study work category of tier1; or
Fresh Talent Working in Scotland Scheme; or

International Graduate Scheme (formerly known as the Science and Engineering Graduate Scheme)

Applicant must have worked in the job applicant have now for the current sponsor for at least six months before application. Applicant must also continue to work for the same sponsor in the job applicant has now.

If the applicant have not worked for the potential sponsor for at least six months before you apply, your sponsor will have to meet the resident labour market test unless the job in on the shortage occupation list. Applicant will not be able to claim points for switching from a Post- study category, but can claim points if the sponsor has met the resident labour market test.

Points Calculation

Applicant must have at least 50 points for their attributes to be able to apply. Points are awarded to the two attributes as follows;

Assigned Certificate of Sponsorship (CoS) 30
Appropriate Salary and Allowances 20

Applicant must score 10 points for English language skills

Applicant must score 10 points for maintenance (funds).

Assigned Certificate of Sponsorship (CoS)

The following points are available for your attributes if a Certificate of Sponsorship (CoS) is assigned under the following categories;

Job is on the shortage occupation list 30
Job that has met the resident labour market test 30
Switching from the post-study worker category 30
The job has an annual salary of £150,000.00 or more; 30
You want to extend your stay and continue working in the same job for the same employer 30

Appropriate Salary and Allowances

The points available for appropriate salary and allowances are as follows;

£20,000.00 or above 20
Under £20,000.00 and you are outside the UK or in a different immigration category 0

If your salary and Allowances are under £20,000.00 and you are in UK as:

a Tier 2 (General) migrant under the immigration rules in place before 6 April 2011;

a Jewish Agency employee;

member of the operational ground staff of an overseas – owned airline;
a Minister of religion, missionary or member of a religious order;
a representative of an overseas newspaper, newsagency or broadcasting organisation; or

a work permit holder.

You can score 20 points towards Salary and Allowances provided you will be paid at or above the appropriate rate for the job set out in the codes of practice at the time of application.

The salary bands are before tax (gross), yearly, and include any extra money (allowances) that are part of your guaranteed salary package.

English Language

You must have 10 points for English language

There are three ways that you can score points for English language. You can:

be a national of a majority English speaking country; or

pass an English language test on our list of approved English language tests; or

hold a degree that was taught in English and is equivalent to a United Kingdom bachelor’s degree or above.

Maintenance (Funds)

You must score 10 points for maintenance (funds). These will be awarded if you are applying for permission to stay in the United Kingdom (known as ‘leave to remain’) and have:

£800 in available funds that you have had in your bank account for three months before the date you apply;

your certificate of sponsorship from an A-rated sponsor confirms that you will not claim benefits while in the United Kingdom. Your sponsor should send a letter saying they will maintain and accommodate you until the end of the first month you are here.

APPLYING

While each of these tiers is meant to define clearly those who may benefit, the UK Border Agency has been applying rules relating to the provision of supporting evidence very strictly so extreme care must be exercised in making applications. There are also specific rules relating to the money you must have available to maintain yourself when you first arrive in the United Kingdom. Large numbers of applications in these categories which on their face ought to succeed are being refused because of the failure by applicants to provide all of the information and documentation requested or because of a failure to meet the maintenance requirements. It is therefore beneficial for you to apply through a legal professional who has expertise in UK immigration Law.

WE at IDICULLA SOLICITORS undertake both postal applications and Home Office Same Day premium service. Our fees only cover the cost of preparing and making the initial application. If an appeal or challenge is necessary subsequent to the submission of your application or if a separate application is subsequently required, we will agree separate fees with you. Our fee is as follows and excludes Home Office Fee and VAT;

OUR LEGAL FEES

Postal Applications £550.00
Same day Premium Service £850.00

Please be advised that we also charge an additional fee of £50.00 for each dependent.

If you meet the above criteria please call us on 02380 630 905 or you may contact us online by clicking the button below:

 

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