Tier 2 visa Guidance
This document provides guidance for the skilled workers tier of the Points-Based System. Tier 2 is the route which enables UK employers to employ nationals from outside the resident workforce to fill particular jobs which cannot be filled by settled workers. A skilled worker in any Tier 2 category must not displace a suitable settled worker. Please note that it reflects policy at the time of publication and is subject to change. In this guidance, ‘we’,‘us’ and ‘our’ refer to the Home Office. ‘You’ and ‘your’ refer to a Tier 2 applicant. It should be read in conjunction with the relevant paragraphs of the Immigration Rules.
Categories in Tier 2
• General – if you have an offer of a skilled job that cannot be filled by a settled worker. This category includes applicants coming to the UK to fill shortage occupations.
• Intra-Company Transfer – if you are an employee of a multinational company and are being transferred to a UK based branch of the same organisation either on a long term basis or for frequent short visits. You cannot use this route if you are an employee of an overseas organization that is not linked by common ownership or control to the UK entity. There are 4 sub-categories of Intra-Company Transfer.
• Long Term Staff –if you have been working for your organisation for at least 12 months directly prior to your transfer and are being transferred to a skilled job in the UK to fill a post which cannot be filled by a settled worker. This is for a period of more than 12 calendar months, up to a maximum stay of 5 years (or 9 years for any staff earning £152,100 a year or more). This route can also be used for periods of less than 12 months. It is up to you and your sponsor to decide whether to use this sub-category or the Short Term sub-category for periods of less than 12 months.
• Short Term Staff – if you have been working for your organisation for at least 12 months directly prior to your transfer and are being transferred to a skilled job
in the UK to fill a post which cannot be filled by a settled worker for a maximum period of 12 months.
• Graduate Trainee – if you are a recent graduate recruit being transferred to a UK branch of your organisation for the purpose of training. (This route must not be used to fill long-term posts). You must be coming to the UK as part of a structured graduate training programme with clearly defined progression towards a managerial or specialist role within your organization.
• Skills Transfer – if you are employed overseas and are being transferred to a UK branch of the same organization to acquire the skills and knowledge
needed to perform your role overseas, or to impart your specialist skills to the UK workforce. You are not required to have been employed for a minimum period to qualify for this sub-category.
• Sportsperson – if you are an elite sportsperson or coach whose employment will make a significant contribution to the development of your sport at the highest level.
• Minister of Religion – if you are a Minister of Religion undertaking preaching and pastoral work, Missionary, or Member of a Religious Order, taking up employment, a
post/role within your faith community in the UK.
You cannot apply under Tier 2 (General) or Tier 2 (Intra-Company Transfer) if you are applying for permission to work as a sportsperson or a minister of religion.Tier 2 Policy Guidance (Version 10/2013) – Page 2 of 59
You must have a job offer and a Certificate of Sponsorship from an organization that is a licensed sponsor in the UK. You can only have a job offer if you will not be displacing a suitable settled worker. This means that employers cannot offer a job to a non-settled worker if it means that a suitable settled worker will be turned down for the job or made redundant.
Must meet the sponsor requirements for the category you are applying under and accept certain responsibilities to help with immigration control. You must not own more
than 10% of your sponsor’s shares if the sponsor is a limited company unless you are applying under the Intra-Company Transfer category or your Certificate of Sponsorship shows you will earn £152,100 or higher.
You must score a minimum of:
• 50 points for Attributes, which includes having a sponsor and a valid Certificate of Sponsorship (Appendix A of the Immigration Rules) and
• 10 points for English language skills (except for Intra-Company Transfers) (Appendix B of the Immigration Rules); and
• 10 points for Maintenance (funds) (Appendix C of the Immigration Rules)..
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• Also will involve in H1b transfers those who looking for better pay and Green Card processing.
• GC process for those who interest.
Placement for : – OPT,CPT,L2 EAD,GC,CITIZEN,TN VISA.
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