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Tier 2 General

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.

Eligibility Criteria

  • You must have a job offer and a Certificate of Sponsorship from an organisation that is a licensed sponsor in the UK.
  • The sponsor must meet the requirements for the category you are applying under and accept certain responsibilities to help with immigration control.
  • You must score a minimum of 70 points
Criterion Points
Assigned Certificate of Sponsorship having met the requirements of:

  • A resident labour market test exemption; or
  • A resident labour market test by the sponsor; or
  • An extension – Continuing to work in the same occupation for the same sponsor.
30 points
Appropriate salary is

  • £20,800 and above: or
  • You have or last had entry clearance, leave to enter or entry clearance as
    1. Tier 2 (General)
    2. Jewish Agency employee; or
    3. Member of the Operation Ground Staff of an overseas-owned airline; or
    4. A minister of religion, missionary or member of a religious order; or
    5. Representative of an Overseas newspaper, News Agency or Broadcasting Organisation; or
    6. Work Permit holder
20 points
English language

You can score these points if you:

  • Are a national of a majority English-speaking country; or
  • Hold a degree that was taught or researched in English which must be equivalent to a UK Bachelors degree or above; or
  • Pass an English language test approved by UKBA; or
  • Have ever been granted leave under Tier 1 (General) or Tier 1 (Entrepreneur) or Business Person; or
  • Have met the English language requirement in a previous grant of leave; or
  • You have previously been granted leave under Tier 2 (General) or Tier 2 (Sportsperson) before 6 April 2011; or
  • You are applying for leave to remain under Tier 2 (General) or Tier 2 (Intra-Company Transfer)
10 points
Maintenance

Therefore you must show that:

  • You currently have entry clearance, leave to enter, or leave to remain as a Tier 2 skilled worker; or
  • Your A-rated (Premium), A-rated Small or Medium-sized Enterprise (SME+) or A-rated sponsor certifies on the Certificate of Sponsorship that they will maintain and accommodate you up to the end of your first month of employment in the UK if required; or
  • £945 in personal savings for 90 consecutive days.
10 points

Applications for Entry Clearance or Switching into Tier 2 (General)

If you are applying to work in the UK the Certificate of Sponsorship must confirm that the job is at NQF level 6 (or the equivalent in Scotland) as stated in the codes of practice or in a creative sector occupation skilled to NQF level 4 (or the equivalent in Scotland) as listed in the Tier 2 & 5 Sponsor Guidance, or the job is at NQF level 4 and appears on the list of shortage occupations. This does not mean that you must be educated to this level; it means that the job is at that level.

Applications for Leave to Remain

The job does not need to be at NQF 6 level (or the equivalent in Scotland) if you are already in the UK and were initially granted leave in one of the categories below:

  • Tier 2 (General) or Qualifying Work Permit Holder for a job which appeared on the shortage occupation list at the time of your grant of leave; and
  • You have not since been granted leave to remain, entry clearance or leave to enter in any other route; and
  • You are applying for the same job for either the same or different sponsor.

Switching for Tier 4 Students

You must meet all of the following requirements if you are applying to switch into Tier 2 (General) from Tier 4 (General).

  • You have successfully completed and passed a UK recognised bachelor’s or master’s degree; or UK Postgraduate Certificate in Education (PGCE) or Professional Graduate Diploma of Education (PGDE); or you have completed a minimum of 12 months study in the UK towards a UK PhD during your last grant of leave or period of continuous leave which includes your last grant of leave; and
  • Your period of study and/or research towards your award was undertaken whilst you had entry clearance, leave to enter or leave to remain in the UK and you were not subject to a restriction preventing you from undertaking a course of study and/or research; and
  • You studied for the eligible award at a UK institution that is a UK recognised or listed body, or holds a sponsor licence under Tier 4 of the Points-Based System; and
  • You are applying from inside the UK.

Contact our solicitor immediately for legal advice and you need to take action in timely,
Call us on 020 3130 1747 or E-Mail us at info@legendsolicitors.org

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