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
- Certificate of Sponsorship (CoS),
- Appropriate Salary,
- English language and
- funds for maintenance.
If you want to apply for Tier 2 General visa, you must be sponsored by a UK employer who has the Tier 2 sponsor licence. The applicant must comply with all the requirements of codes of practice for employers including the job level, minimum salary etc.
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 £155,300 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.
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 98191 27002 or email us at email@example.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:
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 £ 155,300 or higher).
To complete a 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, online version of a professional journal or the website of a prominent or professional recruitment organisation. or
At SmartMove2UK we provide advise and assistance to UK employers in carrying out Resident Labour Market Test (RLMT) you can contact our UK Immigration experts on +91 9819 127 002 or email us at firstname.lastname@example.org 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.
We have helped hundreds of clients get their settlement visa for their wife or dependent children to join them in the UK. These applications can appear to be complicated due to the recent updates where the UK sponsor must meet requirements of maintenance funds.
If our clients in UK or India would like to ascertain your eligibility for this category we would advise you to book an appointment with our Solicitors based in Mumbai | Delhi | Gurgaon | Chandigarh | Vadodara | Bangalore on +91 22 2850 9857 or +91 9819 127 002 to discuss the merits of your case.
It’s best to seek professional advice before you proceed to save unnecessary loss of time and expense in relation to Tier 2 General dependent visa.
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