Frequently Asked Questions (FAQs) About Tier 2 General Application

Q.1: I am in the UK on Tier 4 General student visa and wish to switch into Tier 2 General category. Can I switch into Tier 2 General visa from Tier 4 General student visa?

Answer: According to the Home Office Policy Guidance "If you are switching from a Tier 4 category, Student, Student Nurse, Student Re-Sitting an Examination or a Student Union Sabbatical Officer, you must have successfully completed a course which lasted at least one academic year during your most recent period of Tier 4, Student, Student Nurse, Student Re-Sitting an Examination or a Student Union Sabbatical Officer leave (this is your current leave if it has not yet expired) and meet the full points requirement of Tier 2 in order to switch"

Q.2: I am going to apply for Tier 2 General from outside the UK. What kind of Certificate of Sponsorship (CoS) is required for me to apply from outside the UK?

Answer: Your employer should provide you with a restricted Certificate of Sponsorship (CoS) for you to apply for Tier 2 General visa from outside the UK.

Q.3: Is there any limit on Tier 2 General workers applying from abroad?

Answer: For the year from 6 April 2011 to 5 April 2012, a maximum of 20,700 skilled workers can come to the UK under Tier 2 (General) to do jobs with an annual salary below £150,000. There is no limit on the number of workers coming to the UK to do jobs with an annual salary of £150,000 or above.

Q.4: From where can i download the application form to apply for Tier 2 General visa from inside the UK?

Answer:You can download the application form Tier 2 General from the UKBA Website to apply for Tier 2 General visa from inside the UK.

Q.5: From where can I download the application form to apply for Tier 2 General from outside the UK?

Answer: You can download the application form VAF 9 and the PBS Appendix 5 Skilled Worker Self Assessment Form the UKBA Visa Services Website to apply for Tier 2 General visa from outside the UK. 

Q.6: What is the Register of Tier 2 Sponsors?

Answer: All employers who want to act as a sponsor need a licence. Once they get a licence, they are added to the register of sponsors. The register of sponsors has the name, location and rating of the organisation.

Q.7: What if I am applying for Tier 2 General visa to do a job which is on shortage occupation list?

Answer: If you are applying under Tier 2 (General) to do a job that is on the shortage occupation list, you will automatically score enough points for your attributes. You will not need to score additional points for prospective earnings or qualifications. Your contracted working hours must be at least 30 hours a week in the shortage occupation job.

Q.8: What is the labour market test?

Answer: If your sponsor wants to employ you in the UK to do a job that is not in a shortage occupation, the sponsor must demonstrate that there are no suitable settled workers or nationals of a country in the European Economic Area (including the UK) to fill the job. To demonstrate this, the sponsor must comply with the resident labour market test before it assigns a certificate of sponsorship to you. Also, if you are on Tier 1 PSW visa and you have been working for your sponsor for last six months, you will be exempt from the labour market test under the transitional arrangements avaialble to Tier 1 PSW Migrants.

Q.9: How do I withdraw a certificate of sponsorship as I want to take a different job with another sponsor?

Answer: If you do not want to take the job from one sponsor as you want to take a job from another sponsor, you must contact the first sponsor and ask them to withdraw the certificate of sponsorship. You must do this in writing or by email and give the sponsor 5 working days to withdraw the certificate.

If they do not withdraw the certificate within those 5 days, you should send a reminder to the sponsor, who has another five days to withdraw the certificate of sponsorship. If the sponsor still has not withdrawn the certificate of sponsorship in this time, you should contact the sponsor licensing unit in writing. They will contact the sponsor and get them to withdraw the certificate of sponsorship.

Q.10: What will happen if my Tier 2 sponsor is taken over by another organisation and/or there is a transfer of employment?

Answer: If your sponsor is taken over by another organisation and/or there is a transfer of employment, the new employer must apply to become a licensed sponsor within 28 calendar days of taking over the business.

If your new employer does not apply for a licence, the Home Office will limit your permission to stay to 60 days. You may want to apply for permission to stay with another sponsor. The Home Office will not limit your permission to stay if you have less than 6 months left.

If your new employer does not get a licence, then any certificate of sponsorship they issued is invalid.

Q.11: Under what circumstances a person can apply for extension of stay using application form Tier 2 (W)?

Answer: In order to make an application using T2 (W) form, you must meet all of the following criteria:

1. Have previously been granted less than two years in one of the following categories:

• Business & commercial work permit holder (which includes IC T work permits)
• Sports & Entertainment work permit holder
• Jewish Agency Employee
• Member of the Operational Ground Staff of an Overseas-owned Airline
• Minister of Religion, Missionary or Member of a Religious Order; and

2. Applied for and were granted, Tier 2 leave through the transitional arrangements in place for migrants in these categories; and

3. Are still working for the same employer (being paid the appropriate salary for the job) that the original Certificate of Sponsorship (CoS) was issued for; and

4. Will continue to work for the same employer; and

5. Currently have valid leave in a Tier 2 category (General, Intra-Company Transfer, Minister of  Religion, or Sportsperson); and

6. Were granted the maximum period of three years under Tier 2

Q.12: Can dependants of Tier 2 General Migrant get PBS dependant visa?

Answer: Yes, Tier 2 General Migrant are entitled to sponsor his dependants (children under 18 years of age, or your husband, wife, civil partner, or unmarried or same-sex partner) to join him in the UK or continue stay as dependants in the UK.

Q.13: What is the processing time (waiting time) for Tier 2 General applications?

Answer:

•  An in-country application for Tier 2 General visa submitted through our same day visa service is usually decided by the Home Office, Public Enquiry Office (PEO) within 24 hours.

• An in-country application application for Tier 2 General visa submitted by post is decided according to the Home Office guidelines for prcessing of Tier 2 General applications

• An out of country Tier 2 General application submitted to the British Embassy / High Comission is decided by the Home Office UKBA accoring to the Home Office Guide to the Visa Processing Times