UK Tier-2 Consultation

Tier 2 of the Points Based System is the visa application route for applicants coming to or remaining in the UK to work for an employer who sponsors them. The employer must hold a valid Sponsor License in order to sponsor migrant workers.

There are several different categories of Tier 2 visa that allow different people in different circumstances to be sponsored to come to the UK to work.

In order to be granted a Tier 2 visa, the applicant must score a certain number of points which are awarded depending on the category that the applicant is applying in, the applicant’s personal circumstances, and the circumstances of the sponsorship.

This category is for skilled migrant workers who receive job offers from UK employers. It allows the migrant to come to the UK to work and to bring their dependent family members with them.

Depending on the salary offered to the migrant and other personal circumstances, the company may be required to carry out a resident labour market test before they can hire a Tier 2 (General) migrant.

Migrants who are already in the UK in certain other categories may be eligible to switch to a Tier 2 (General) visa if they receive a job offer from a company willing to sponsor them.

A migrant can spend up to 6 years in the UK on a Tier 2 (General) visa. After 5 years in the UK on a Tier 2 (General) visa, they may be eligible to apply for Indefinite Leave to Remain.

Intra-Company Transfers (ICTs) allow Human Resources departments to move workers between the various countries the company operates in.

This route does not lead to Indefinite Leave to Remain in the UK.

There are two sub-categories within this route:

Long-term staff

To qualify, the worker the employer would like to transfer must have been employed by the company for a minimum of 12 months (unless they earn over £73,900 per year).

This subcategory of the Intra-Company Transfer route allows migrants to stay in the UK for up to a maximum of 5 years and 1 month. However, if the migrant is a high earner, they can extend their stay for up to a maximum of 9 years.

Graduate trainee

This sub-category can be used to transfer recent graduates to the UK as part of a structured graduate training programme. The applicant must be a recent graduate and must have worked for the company overseas for a minimum of 3 months.

The graduate trainee sub-category is for a maximum of 12 months.

If a migrant has previously been sponsored under Tier 2, but their leave expires or lapses, they must wait 12 months before applying again under any Tier 2 category. There are exceptions to this rule for both Tier 2 Intra-Company Transfers and Tier 2 General Entry Clearance applications.

Tier 2 (General) migrants may be eligible to apply for Indefinite Leave to Remain in the UK after 5 years. They must satisfy a number of requirements in order to be eligible.