Tier 2 Sponsorship
WORKING IN THE UK: OTHER UK TIER 2 MATTERS
UKBA TIER 2 PROCESSING TIMES (IN THE UK)
This section tells you how long you can expect to wait for a decision if you have made an application for sponsorship in the UK under Tier 2 (General) of the points-based system (PBS).
We are currently considering applications where the applicant attended a biometric appointment on or before 12 July 2012. Please note that this date is only a guideline. Some cases may take longer to consider. Service standards: our service standards set out how quickly we aim to decide immigration applications. For applications made inside the UK under UKBA Tier 2 of the points-based system, the standard is that we will decide 75 per cent of applications within 4 weeks of receiving the Tier 2 application.
CONDITIONS OF YOUR STAY IN THE UK UNDER TIER 2
This section explains the conditions of your stay in the UK when sponsored under the UKBA Tier 2 (General) of the (‘PBS’) points based system.
How long can you stay in the UK? - If you successfully applied from outside the UK, you can come here under Tier 2 (General) for a maximum of 3 years plus 1 month, or the time given on your certificate of sponsorship (COS) plus 1 month, whichever is shorter. This period must begin no more than 14 days before the start date on your certificate of sponsorship (‘COS’).
If you were already in the UK and you successfully applied to switch into Tier 2 (General) from another immigration category, (eg switching to Tier 2 from Tier 1), you can remain here for a maximum of 3 years, or the time given on your certificate of sponsorship plus 14 days, whichever is shorter. This period will begin on the start date given on the certificate of sponsorship. If your application was decided early, you can stay in the UK between the date of our decision and the start date on your certificate of sponsorship.
If you are already in the UK under Tier 2 (General), you can apply to extend your permission to stay in this category. If we approve your application, we will extend your permission to stay by another 2 years, or the time given on your certificate of sponsorship plus 14 days, whichever is shorter. If your application is decided early, you can stay in the UK between the date of our decision and the start date on your certificate of sponsorship.
If you are currently in the UK as a UK work permit holder (under a work permit sponsorship), you can apply to extend your permission to stay by another 2 years, or until your total stay in the UK is 5 years in an eligible category, whichever is the longer. This period will begin on the start date given on your certificate of sponsorship. However, you cannot extend your permission to stay for longer than the period given on the certificate of sponsorship plus 14 days. If your application is decided early, you can stay in the UK between the date of our decision and the start date on your certificate of sponsorship.
You may be able to apply for settlement (‘indefinite leave to remain’ or ‘ILR’) in the UK when you have been here for some time. The Settlement section of these Tier 2 details contains more information.
What can you do while you are in the UK? - While you are in the UK under Tier 2 (General): you must not own more than 10 per cent of your sponsor's shares; and you will have no access to state benefits or other public funds.
You must register with the police if: your total stay in the UK will be more than 6 months; and you are a national of a country listed in Appendix 2 of the Immigration Rules. The only work that you can do is: the job described in your certificate of sponsorship, working for your sponsor; and a supplementary job in the same sector and at the same level, for up to 20 hours per week (see further Tier 2 information, below); and voluntary work (see further Tier 2 details, below).
Can you do other work (supplementary and secondary employment) in addition to your main job? You can do other work in addition to your main job (for which your certificate of sponsorship was assigned). You do not need to inform us of this additional work (known as 'supplementary employment') if: it is in the same profession and at the same professional level as the work for which your certificate of sponsorship was assigned; and you do this work for no more than 20 hours per week; and it is outside your normal working hours for your main job. If you want to do any other type of paid additional work (known as 'secondary employment'), the work must be with a licensed UKBA sponsor. That UKBA sponsor must assign a new certificate of sponsorship (COS) to you, and you must make a new application to us. This application must include a letter explaining that you want to change your current permission to stay. The letter must also state: your name; your date of birth; your first certificate of sponsorship reference number (from your current permission to stay) and the date when your current permission to stay expires.
Your new application must meet all the Tier 2 criteria, so your sponsor may need to carry out a resident labour market test. We will consider your application separately from your first application. You cannot apply for secondary employment until you have started work with your first sponsor, and you cannot start work with your second sponsor until we have approved your application for secondary employment.
Can you do voluntary work? You can do voluntary work in any sector, in addition to your job stated on your certificate of sponsorship. You must not be paid for your voluntary work, except for reasonable expenses as outlined in section 44 of the National Minimum Wage Act.
EXTENSION OF LEAVE USING UKBA FORM T2(W) WHEN IN UK
This section explains how to apply for an extension of stay if you previously switched into Tier 2 under the transitional arrangements listed below, and your total stay in a work category will be less than 5 years when your current permission to stay expires.
Can you apply? To qualify for the additional leave, you must have previously been given permission to stay for less than 2 years as: a Business and Commercial work permit holder (which includes inter company transfer or ICT work permits); a Sports and Entertainment UK work permit holder; a Jewish agency employee; a member of the operational ground staff of an overseas-owned airline; or a minister of religion, missionary or member of a religious order.
Additionally, you must meet the following requirements: you applied for, and were granted, leave to remain under Tier 2 through the transitional arrangements in place for migrants in these categories; you are still working for the employer who assigned your Tier 2 certificate of sponsorship (COS), and being paid the appropriate salary for your job; you intend to continue working for the same employer; you currently have valid leave to remain in a Tier 2 category (General, Intra company transfer ICT, Minister of religion or Sportsperson); you were granted the maximum period of 3 years' leave to remain under Tier 2; and you can prove that you still meet the conditions of your existing leave.
If you are granted additional leave, this does not guarantee that you will qualify for permission to settle in the UK (known as 'indefinite leave to remain' or ‘ILR’) when you have been here for 5 years, you will need to meet all the settlement criteria in force at the time when you apply for settlement.
How to apply - If you meet all the requirements listed above you can apply for additional leave. You should use UKBA application form T2(W). The application form will list the supporting evidence that you will need to send with your application. When you make your application you will not need to obtain a new certificate of sponsorship (COS), but you will need to: enrol your fingerprints and facial image (known as 'biometric information'); and provide evidence that you are working for the same employer. Your family members will need to apply using the T2 (W) (Dependant) application form.
SETTLING IN THE UK (INDEFINITE LEAVE TO REMAIN OR ‘ILR’)
This section explains whether and how you can apply for permission to settle permanently in the UK (known as 'indefinite leave to remain' or ‘ILR’) if you are sponsored here under UKBA Tier 2 (General) of the PBS (points-based system).
You must meet all the requirements of the Immigration Rules at the time when you apply for UK settlement. If you are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change. You should make your application for UK settlement using application form SET(O). You must read the guidance notes before you apply.
Current requirements for indefinite leave to remain - At present, you cannot apply for ILR until you have been in the UK for a continuous period of 5 years in an eligible immigration category.
This 5-year continuous period can include any time that you have spent in the following immigration categories before you applied under UKBA Tier 2: member of the operational ground staff of an overseas-owned airline; minister of religion, missionary or member of a religious order; qualifying UK work permit holder; sole representative of an overseas business; representative of an overseas newspaper, news agency or broadcasting organisation; any Tier 1 category, except Tier 1 (Post study work or ‘PSW’); highly skilled migrant (under ‘HSMP’); innovator.
Also, the sponsor that gave you the Tier 2 certificate of sponsorship (or ‘COS’) for your current job must: certify in writing that they still need you in the job; and also confirm that you are paid at or above the appropriate rate for the job as stated in the codes of practice under the UK Tier 2 sponsorship programme.
To prove that you are paid at or above the appropriate rate for the job, you must provide specified documents to evidence your sponsor's certification. These must include: your most recent payslip dated no earlier than one calendar month before the date of your application; and also your most recent personal bank or building society statement dated no earlier than one calendar month before the date of your application, or a building society pass book showing transactions by the sponsor in the period no earlier than one calendar month before the date of your application. The SET(O) application form contains more information about these documents.
You must have sufficient English language ability and knowledge of life in the UK, unless you are under 18 years old or over 65 years old when you apply.
Requirements from 6 April 2016 - If you are applying for indefinite leave to remain (‘ILR’), you must meet all of the requirements under Immigration Rule 245HF. You must also show that you are being paid: £35,000 per year (before tax); or the correct rate of pay for your job as stated in the codes of practice for Tier 2 sponsors. Whichever is the higher amount will apply.
Can your dependants apply for settlement? - If your dependants want to apply for settlement (ILR), they and you must meet all the requirements of the Immigration Rules at the time when they are applying for settlement. If they are considering applying for ILR in the future, you should note that the Immigration Rules are subject to change. At present, your partner must have lived with you in the UK for a minimum of 2 years before they can apply for settlement. Your children can apply for settlement at the same time as you do.