Tier 2 General Visa: Entry Clearance Requirements

September 28, 2020

A Tier 2 General visa offers opportunities for skilled, non-EEA citizens, to live and work in the UK.

Entry clearance requirements

  • To qualify for a Tier 2 General visa, the applicant must be sponsored by a licensed UK based employer who is offering the applicant a specific skilled position that qualifies for Tier 2 sponsorship. The employer must be able to show that there is no suitably qualified resident or EU citizen to fill the position.
  • Individuals coming to the UK to fill a position on the shortage occupation list, may also apply for Tier 2 General visa.
  • The applicant must have a valid certificate of sponsorship for the qualifying position. Licensed companies must check that the applicant is suitably skilled for the sponsored position.
  • The certificate of sponsorship must confirm that the applicant will be paid the appropriate, or higher salary, and the applicant must have sufficient maintenance funds available.
  • Applicants must meet the English language requirements, which can be waived if the applicant holds an academic qualification equivalent to a UK bachelor’s degree, master’s degree, or a PhD from an English taught institution.
  • Applicants must score at least 70 points under the Tier 2 criteria.

Tier 2 General visa minimum salary threshold

 Amongst other requirements, employers sponsoring individuals must meet the minimum salary threshold requirement.

The threshold depends on:

  • Whether it is a Tier 2 General or Tier 2 Intra-Company Transfer.
  • Whether it is a new entrant or an experienced worker.
  • The standard occupational classification codes (SOC), as set out in the immigration rules, and
  • The number of hours worked.

For Tier 2 General new entrants, the threshold is currently £20,800 per year, or the appropriate specified new entrant SOC rate for the job, whichever is the higher.

A new entrant is a person who was under 26 years old on the date they applied, or the applicant qualifies under the post-study work provisions (switching from Tier 4 from within the UK after successfully completing their studies) and is exempt from the resident labour market test, or the resident labour market test was met under the provisions for new graduate jobs or internships.

For Tier 2 General experienced workers, the current minimum salary threshold is at least £30,000 or the appropriate specified SOC rate for the job, whichever is the higher.

If the applicant is needed for more than 3 years, the salary must be considered under the experienced worker level.

When considering the minimum salary, the number of working hours should be taken into account. This can become very important when the worker is paid the exact minimum salary. The minimum salaries are based on a 39-hour working week. So, if the worker is contracted to work more than 39 hours a week, the salary must be adjusted to meet the minimum salary threshold.

Indefinite leave to remain

Minimum salary thresholds apply if the visa holder wants to successfully apply for indefinite leave to remain. The threshold ranges between £36,200 to £40,100, depending on when the applicant applies between 2020 and 2024.

There is an annual limit on the number of certificates of sponsorship available under Tier 2 General visa. However, certain applications are exempt from this limit.

CONSULTATION FROM LONDON IMMIGRATION LAWYERS

You can request consultation from our immigration lawyers over the phone as in person.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong and Moscow and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

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