Thinking of applying for UK work visa? Contact our expert team of work visa solicitors for fast, friendly, reliable and fixed fee legal services for your work visa application. Sunrise Solicitors specialise in all types of UK work visas. Our expert team of work visa solicitors can provide legal help and assistance at all stages of work visa applications including applications for entry clearance for work visa, switching into work visa from inside the UK, renewal/extension of work visas and Indefinite Leave to Remain (ILR) on the basis of work visas.

Our expert team of immigration solicitors can provide legal help and assistance for the following UK work visa categories:

Tier 1 Work Visas UK

The Tier 1 Work Visa is for high-value, exceptional talent workers, investors and entrepreneurs. Need legal help and assistance with Tier 1 work visa for the UK? Contact our expert team of Tier 1 visa solicitors for fast friendly, reliable and fixed fee legal services for Tier 1 work visas. Ask a question to our expert team of Tier 1 visa solicitors for free immigration advice.

Following are the various Tier 1 work visa applications for which our work visa solicitors can provide expert legal help and assistance:

Tier 1 Entrepreneur Visa UK
Tier 1 Graduate Entrepreneur Visa UK
Tier 1 Exceptional Talent Visa UK
Tier 1 Investor Visa UK

Tier 2 Work Visas UK

The Tier 2 work visa category allows UK employers holding Tier 2 sponsor licence to recruit skilled migrant workers to fill a particular vacancy they cannot fill with a worker from the UK domestic workforce. To be eligible under Tier 2 work visa, the applicant must have a:

  • skilled job offer
  • certificate of sponsorship from an organisation that is a licensed sponsor in the UK

Need legal help and assistance with Tier 2 work visa for the UK? Contact our expert team of Tier 2 visa solicitors for fast friendly, reliable and fixed fee legal services for Tier 2 work visas. Ask a question to our expert team of Tier 2 visa solicitors for free immigration advice.

Following are the various Tier 1 work visa applications for which our work visa solicitors can provide expert legal help and assistance:

Tier 2 General Worker Visa UK
Tier 2 Minister Of Religion Visa UK
Tier 2 Sportsperson Visa UK
Tier 2 Intra Company Transfer (ICT) Visa UK

Other Non-PBS Work Visas UK

Following are the various other non-PBS work visas for the UK for which our expert team of work visa solicitors can provide expert legal help and assistance:

Global Talent Visa UK
Innovator Visa UK
Start Up Visa UK
Sole Representative Of An Overseas Business Visa UK
Overseas Media Employee Visa UK
UK Ancestry Visa
Domestic Worker Visa UK
Turkish ECAA Businessperson Visa UK
Turkish ECAA Worker Visa UK

Tier 5 Temporary Worker Visas UK

The Tier 5 Temporary Worker Visa route is for certain types of temporary workers whose entry helps to satisfy cultural, charitable, religious or international objectives including volunteering and job shadowing, and for meeting seasonal employment needs in the edible horticultural sector. Contact our expert team of Tier 5 visa solicitors for fast friendly, reliable and fixed fee legal services for Tier 5 temporary work visas. Ask a question to our expert team of Tier 5 visa solicitors for free immigration advice.

Following are the various Tier 5 (Temporary Workers) visa categories under the UK Immigration Rules for which our work visa solicitors can provide our expert legal help and assistance:

Tier 5 Charity Workers
Tier 5 Religious Workers
Tier 5 International Agreement
Tier 5 Creative & Sporting
Tier 5 Government Authorised Exchange
Tier 5 Youth Mobility Scheme (YMS)
Tier 5 Seasonal Worker Visa UK

FAQs - Tier 2 General Visa Entry Clearance UK

How can I apply for Tier 2 General Visa Entry Clearance from outside the UK?

You can apply for Tier 2 General visa entry clearance for UK online. You’ll need to have your fingerprints and photograph taken at a visa application centre (to get a biometric residence permit) as part of your Tier 2 General visa entry clearance application.

You’ll have to collect your biometric residence permit within 10 days of when you said you’d arrive in the UK.

What is the job skill level required for Tier 2 General visa entry clearance?

For Tier 2 General visa entry clearance, the Certificate of Sponsorship (CoS) assigned by your prospective employer must confirm that:

What is Shortage Occupations List (SOL) for Tier 2 General visa for UK?

The shortage occupation list is an official list of occupations as given in Appendix K of the Immigration Rules for which there are not enough resident workers to fill job vacancies. The shortage occupation lists are recommended by the Migration Advisory Committee (MAC) and are revised periodically.

You will be awarded 30 points if your job was on a shortage occupation list at the time your Certificate of Sponsorship (CoS) was assigned by your Tier 2 General sponsor.

There is one list for the whole of the UK and a further additional list for Scotland. If you want to be awarded points for a job on the shortage occupation list in Scotland, you must be undertaking that job in Scotland.

You should confirm with your Tier 2 General sponsor that they have indicated that your job is a shortage occupation in the relevant field on the Certificate of Sponsorship (CoS). You should also confirm with your Tier 2 General sponsor that the SOC code and job description on the Certificate of Sponsorship (CoS) show that the job is one of those included on the shortage occupation list.

In general, if a role is on the shortage occupation list, your sponsor is not required to advertise the position.

Can I apply for Tier 2 General visa entry clearance as a New Entrant?

Yes, it is possible to apply for Tier 2 General visa entry clearance from outside the UK as a New Entrant. According to Appendix J of the Immigration Ruels, new entrant salary rate will apply if the Tier 2 General applicant:

  • was under the age of 26 on the date the application was made; and
  • is applying for entry clearance or leave to remain (not for indefinite leave to remain); and
  • is not applying for a grant of leave that would extend his total stay in Tier 2 beyond 3 years and 1 month.

What is the processing time for Tier 2 General visa entry clearance application?

If you apply for Tier 2 General visa entry clearance using standard service, your Tier 2 General visa application is likely to be decided in about 3 weeks.

If you apply for Tier 2 General visa entry clearance using priority service, your Tier 2 General visa application is likely to be decided within 5 working days.

What if my prospective employer does not have the Tier 2 General sponsor licence to sponsor me for Tier 2 General visa for UK?

If your prospective employer does not have the Tier 2 General sponsor licence to sponsor you for your Tier 2 General visa entry clearance, our expert team of sponsor licence solicitors can help your prospective employer to apply for Tier 2 General sponsor licence so that your employer is able to sponsor you for Tier 2 General visa entry clearance for UK.

What is the minimum salary requirement for Tier 2 General visa entry clearance application?

You’ll usually need to be paid at least £30,000 per year or the ‘appropriate rate’ for the job you’re offered - whichever is higher. Check the appropriate rate for the job you’ve been offered.

Check the Tier 2 General Policy Guidance for situations when you can be paid less - for example if:

  • you’ll work as a medical radiographer, nurse, paramedic or secondary school teacher in some subjects
  • you’ll work as a pre-registration nurse or midwife

What is a Certificate of Sponsorship (CoS) for Tier 2 General visa for UK?

A certificate of sponsorship (CoS) holds your personal details and information about the job you’ve been offered. It’s an electronic record, not a paper document. Your sponsor will give you a certificate of sponsorship (CoS) reference number to add to your Tier 2 General visa application.

You can only use your certificate of sponsorship (CoS) reference number once. You must use your Certificate of Sponsorship (CoS) within 3 months of the date it is assigned to you.

Can I sponsor my dependants to accompany me to the UK or join me in the UK?

Your dependants i.e. spouse or children under the age  of 18 can either apply at same time when you apply for Tier 2 General visa entry clearance to accompany you to the UK OR they can apply for entry clearance separately to join you in the UK later on.

How can I find a list of licenced Tier 2 General sponsors?

The Home Office UKVI maintains a list of licenced Tier 2 General sponsors. The list of Tier 2 sponsors is also known as register of Tier 2 sponsors.

What is Tier 2 General annual limit?

There is an annual limit on the number of Certificates of Sponsorship (CoS) available under Tier 2 (General). This limit applies to Certificate of Sponsorship (CoS) for those nationals seeking entry clearance to the UK under the Tier 2 (General) category and those who are applying to switch into the Tier 2 (General) category from within the UK as a dependant of a Tier 4 (General) student. Home Office UKVI refer to these as “restricted” Certificates of Sponsorship (CoS).

The applications below are not subject to annual limit. Certificates of Sponsorship (CoS) for these applications are known as “unrestricted” and sponsors can assign these without first applying for permission:

  • if you are sponsored for a job as a doctor or nurse (SOC codes 2211 and 2231)
  • if you are sponsored for a job at PhD level listed in table 1 of Appendix J to the Immigration Rules
  • if you are sponsored for a job with a salary of £159,600 or above
  • if you are sponsored for a job connected with the inward investment provisions
  • all in-country applications (with the exception of Tier 4 dependant switchers).

The annual limit on the number of Certificates of Sponsorship (CoS) is applied by the Home Office UKVI through monthly allocation of restricted Certificates of Sponsorship (CoS).

How do you satisfy inward investment criteria for using unrestricted Certificate of Sponsorship (CoS) for Tier 2 General visa Entry Clearance application?

Your job will satisfy the inward investment provisions if:

  • it is connected with the relocation of a high value business to the UK or a significant new inward investment project, and
  • your sponsor was registered in the UK with Companies House no earlier than three years before the date the Certificate of Sponsorship was assigned, and
  • your sponsor is the registered branch or wholly owned subsidiary of a business which has its headquarters and principal place of business outside the UK, and
  • the relocation or inward investment involves new capital expenditure of £27 million or the creation of at least 21 new UK jobs, and
  • your job does not involve the supply of services to a third party client.

Can I apply for Tier 2 General visa entry clearance as an uregistered nurse or midwife?

If you are applying for Tier 2 General worker visa to work in the UK as a nurse or midwife and are not yet registered with the Nursing and Midwifery Council (NMC), you must have passed the NMC’s Computer Based Test (CBT) or your Tier 2 General visa entry clearance application will be refused. You must provide evidence from the NMC to demonstrate this.

Furthermore, your Tier 2 General sponsor must also confirm that you will sit an Objective Structured Clinical Examination (OSCE) within 3 months of your stated employment start date.

If you need to pass your OSCE, your Tier 2 General sponsor must tell the Home Office UKVI within 10 working days:

  • If you fail your OSCE but arrange a re-sit and they still want to sponsor you if you pass. They must tell the Home Office UKVI the date of your re-sit.
  • If you re-sit your OSCE and fail for the second time, they must tell the Home Office UKVI. They must also stop sponsoring you if you do not obtain full NMC registration within 8 months of the start date on your Certificate of Sponsorship (CoS). If you have moved sponsors but were previously granted Tier 2 General leave as a nurse or midwife, the 8 months will start from the start date of your previous employment.
  • If you pass your OSCE, they must tell Home Office UKVI the date you will start working for them as a registered nurse or midwife.
  • If they decide at any point that they no longer wish to sponsor you. For example, if you fail your first OSCE and they do not want to wait until you have done a re-sit.

You are able to make 3 attempts to pass the OSCE. If you fail your first attempt at OSCE, you can re-sit it after ten days. If you fail it a second time, you will have the opportunity to sit for a third time, waiting 3 months to allow for further preparation. If you fail for a third time, you will be unable to re-sit the OSCE until 6 months have passed since your previous unsuccessful test and will have to re-apply to the NMC.

If you are already in the UK with entry clearance or leave to remain and your sponsor stops sponsoring you, Home Office UKVI will reduce (curtail) your leave.

For how long will I be granted Entry Clearance for Tier 2 General visa for UK?

You will be granted Tier 2 General visa entry clearance according to the start date and end date of your job as given in your Certificate of Sponsorship (CoS). The maximum period for which your employer can sponsor you for your Tier 2 Geneal visa entry clearance application is 5 years. You can extend your Tier 2 General visa further for one more year after 5 years which means the maximum time a person can spend in the UK under Tier 2 General visa category is 6 years in total.

Normally, most applicants are able to apply for ILR as Tier 2 General Migrants 28 days before completion of 5 years in the UK with leave to remain as Tier 2 General Migrant.

What is the cooling off period for Tier 2 General visa entry clearance?

Cooling off period for Tier 2 General for someone who has been in the UK in the past with Tier 2 visa is normally 12 months.

According to Home Office UKVI Tier 2 Policy Guidance, if you have had a grant of leave for entry clearance, leave to enter or remain as a Tier 2 Migrant at any time during the 12 months immediately before your date of application, unless you were only being sponsored in Tier 2 (as recorded by the Certificate of Sponsorship) for a period of 3 months or less, you will not be able to apply for further leave under Tier 2 unless one of the following applies:

  • you were not in the UK with leave as a Tier 2 Migrant at any time during the above 12 month period immediately before your date of application and you can provide evidence to prove this; or
  • the salary for the job that the Certificate of Sponsorship Checking Service shows you are being sponsored to do (including any allowances listed as acceptable for this purpose in paragraph 79 of Appendix A to the Immigration Rules) is £159,600 or higher.

In all cases where the Certificate of Sponsorship (CoS)) was assigned for longer than 3 months, the cooling off period will apply, even in cases where your length of stay in the UK is less than 3 months. For instance, where you were assigned a Certificate of Sponsorship of 6 months in length and the Home Office UKVI were notified that you ceased working in the UK after 2 months, the cooling-off period will apply as the Certificate of Sponsorship (CoS) was assigned for more than 3 months.

Do I have to provide the Overseas Criminal Record Certificate for my Tier 2 General visa entry clearance for UK?

If you are applying for Tier 2 (General) entry clearance and are coming to work in the education, health and social care sectors, you must provide an Overseas criminal Record Certificate as part of your application.

Overseas criminal Record Certificates must be provided for any country in which you have resided for 12 months or more (whether continuously or in total) in the last 10 years prior to your Tier 2 General entry clearance application, while aged 18 or over.

The requirement to provide Overseas criminal Record Certificate applies where your occupation is defined by one of the following Standard Occupation Classification (SOC) codes:

  • 1181 - Health services and public health managers and directors
  • 1184 - Social services managers and directors
  • 2211 - Medical practitioners
  • 2212 - Psychologists
  • 2213 - Pharmacists
  • 2214 - Ophthalmic opticians
  • 2215 - Dental practitioners
  • 2217 - Medical radiographers
  • 2218 - Podiatrists
  • 2219 - Health professionals not elsewhere classified
  • 2221 - Physiotherapists
  • 2222 - Occupational therapists
  • 2223 - Speech and language therapists
  • 2229 - Therapy professionals not elsewhere classified
  • 2231 - Nurses
  • 2232 - Midwives
  • 2312 - Further education teaching professionals
  • 2314 - Secondary education teaching professionals
  • 2315 - Primary and nursery education teaching professionals
  • 2316 - Special needs education teaching professionals
  • 2317 - Senior professionals of educational establishments
  • 2318 - Education advisers and school inspectors
  • 2319 - Teaching and other educational professionals not elsewhere classified
  • 2442 - Social workers
  • 2443 - Probation officers
  • 2449 - Welfare professionals not elsewhere classified

If the requirement to provide Overseas criminal Record Certificate is applicable, you must provide:

  • a criminal record certificate for each country (excluding the UK) where you have resided for 12 months or more in the last 10 years (whether continuously or in total), while aged 18 or over, issued by the relevant overseas authority;
  • a translated copy of any certificate that is not in English, in line with Home Office UKVI requirements.

Guidance on how you can obtain certificates is available at: www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants

Where a country is not included in the above guidance, you should not assume that there is no process for obtaining a certificate. You should contact the Embassy or High Commission in the relevant country for more information.

Certificates from your most recent country of residence will normally only be considered valid if they have been issued no earlier than 6 months before your application date. Certificates from countries prior to your most recent country of residence must normally cover the entire period of residency (up to 10 years prior the application date) but will otherwise be considered valid indefinitely.

If you are unable to obtain a certificate covering the required period, you must explain in your Tier 2 General entry clearance application what attempts you have made to obtain a certificate and why this has not been possible.

If you do not explain why you are unable to provide a certificate, the Entry Clearance Officer (ECO) may contact you or your legal representative in writing and you must provide any further evidence within 28 calendar days.

How are the points awarded for appropriate salary in an application for Tier 2 General visa entry clearance?

You will be awarded the following points for the appropriate salary offered by your sponsor. These bands are before tax (gross) and yearly.

Salary Points
£30,000 or the appropriate rate for the job, whichever is the higher 20
If you are considered to be a “new entrant”:
£20,800 or the appropriate rate for the job, whichever is the higher
20

If your Certificate of Sponsorship is for one of the following occupations:

  • Medical radiographers (2217)
  • Nurses (2231) – please see below for nurses in a supervised practice placement
  • Secondary education teaching professionals – subject teachers in maths, physics, chemistry, computer science and Mandarin only (2314)
  • Paramedics (3213)

£20,800 or the appropriate rate for the job, whichever is the higher

20

You are being sponsored as a pre-registration candidate nurse or midwife and:

  • you will be paid at least Agenda for Change Band 3 rate (the appropriate rate for a pre-registration nurse);
  • you will continue to be sponsored as a nurse or midwife by the sponsor after achieving Nursing and Midwifery Council registration;
  • your salary will not be less than Agenda for Change Band 5 rate (the appropriate rate for a registered nurse or midwife) once that registration is achieved.

In addition, you must be paid at or above the relevant salary threshold once you have your registration confirmed – nurses are exempt from the £30,000 threshold, but midwives are not.

20
Under £30,000 and none of the above apply 0

When does an exemption from the Resident Labour Market Test (RLMT) apply for Tier 2 General visa entry clearance application?

The Resident Labour Market Test does not apply if the job offer is:

  • in a supernumerary research position where you have been issued a non-transferrable scientific research Award or Fellowship either:
    • by a third party organisation, and the Award or Fellowship cannot be transferred to anyone else; or
    • by your Sponsor if the following requirements are met:
      • you have been selected through a competitive process on the basis of your own research proposal; and
      • the funding of the research is secured in an agreement between your Sponsor and a third party organisation, which includes objectively justified requirements that effectively prohibit any settled worker from undertaking the role.

This exemption continues to apply after the relevant third party funding has ended, as long as you are being sponsored to continue to undertake the same research; or

  • to continue working as a Doctor or Dentist in training, under the same NHS Training Number which was assigned to you for previous lawful employment as a Doctor or Dentist in Training in the UK, including where you are applying to return to your training after an out of programme experience; or
  • as a Doctor in Speciality Training and your salary and the costs of your training are being met by the government of another country under an agreement with that country and the UK Government; or
  • to resume a post in a Higher Education Institution, working for the same Sponsor as in a previous grant of entry clearance or leave to remain as a Tier 2 (General) Migrant, where the break in employment is due solely to a period of academic leave.
  • to continue working as a member of an existing research team and:
    • the Sponsor is a Higher Education Institution or a Research Council, and
    • you have previously worked with the lead researcher as part of their team for a continuous 12 month period immediately before the date of the application (or for 12 months during the 24 months immediately before the date of the application, if you have been absent due to the reasons shown in paragraph 234 of the Tier 2 Policy Guidance during that time)
  • connected with the inward investment provisions
  • to do a job for which salary is not less than £159,600 gross per annum
  • to do a job which is in the list of shortage occupations list.

Your sponsor must include full details of the why the exemption applies on the Certificate of Sponsorship.

What is genuine job vacancy requirement for Tier 2 General visa entry clearance application?

When applying for Tier 2 General visa entry clearance, the Entry Clearance Officer (ECO) must be satisfied that you are being sponsored to undertake a genuine vacancy and are capable of undertaking the role for which your Certificate of Sponsorship (CoS) was assigned. The Home Office UKVI Guidance states that the requirements of the job must be reasonable and not have been tailored to exclude resident workers from being recruited.

In order to assess the genuineness of job vacancy, the Entry Clearance Officer (ECO) may request additional information and evidence from you or your Tier 2 General sponsor, and refuse your Tier 2 General entry clearance application if the information or evidence is not provided. Any requested documents must be received by the Entry Clearance Officer (ECO) at the address specified in the request within 10 business days of the date of the request.

Issues of genuineness of job vacancy normally arise only after the applicant has been interviewed by the Entry Clearance Officer (ECO) and the applicant has failed to give satisfactory answers to address the concerns of the Entry Clearance Officer (ECO).

FAQs - Switching Into Tier 2 General Visa

Does RLMT exemption apply when switching from start-up visa to Tier 2 General visa?

No, the exemption from Resident Labour Market Test (RLMT) does not apply when switching from start-up visa to Tier 2 General visa from inside the UK.

What is the processing time for switching into Tier 2 General visa?

The processing time for an application for switching into Tier 2 General visa from inside the UK is dependent on the type of service you use for your application.

Standard Service

An application for switching into Tier 2 General visa is normally decided within 8 weeks if you apply using standard service.

Priority Service

If you apply for switching into Tier 2 General visa using Priority Service, you will normally get a decision on your application within 5 working days.

Super Priority Service

If you apply for switching into Tier 2 General visa using Super Priority Service, you will normally get decision on your application within 24 hours.

Can I switch from spouse visa to Tier 2 General visa from inside the UK?

No, you cannot switch from spouse visa to Tier 2 General visa from inside the UK. You will have to leave the UK and apply for Tier 2 General visa entry clearance from your country of nationality.

Can I switch from Tier 2 ICT to Tier 2 General visa from inside the UK?

You can switch from Tier 2 Intra Company Transfer (ICT) to Tier 2 General visa from inside the UK only if you applied for your initial Tier 2 ICT entry clearance under the rules in place before 6 April 2011. A person who applied for initial Tier 2 ICT visa after 6 April 2011 is not eligible to switch into Tier 2 General visa from inside the UK.

Who can switch to Tier 2 General visa from inside the UK?

You can apply for switching into Tier 2 General visa from inside the UK if you have, or were last granted, leave in one of the categories listed below:

  • Tier 1 visa
  • Tier 2 (Sportsperson) visa
  • Tier 2 (Minister of religion) visa
  • Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
  • Tier 4 visa - if you have an eligible qualification, will complete your course in 3 months, or you’ve done at least 12 months of a PhD
  • Start-up visa
  • Innovator visa
  • Tier 4 Dependent Partner
  • Representative of an overseas business

Can Tier 2 ICT Dependant switch to Tier 2 General visa from inside the UK?

No, you cannot switch from Tier 2 ICT Dependant visa to Tier 2 General from inside the UK. You will have to leave the UK and apply for Tier 2 General visa entry clearance from your country of nationality. There will be no cooling-off period for Tier 2 ICT Dependant to apply for Tier 2 General visa entry clearance from outside the UK.

What is the minimum salary for switching from Tier 4 to Tier 2 General visa from inside the UK?

If you are a Tier 4 Graduate switching from Tier 4 to Tier 2 General visa, you can be paid "New Entrant" salary for your Tier 2 job which should be either £20,800 or as specified in the relevant code of practice in Appendix J to the Immigration Rules, whichever is higher.

How can I change from Tier 4 to Tier 2 General from inside the UK?

A Tier 4 Graduate can switch from Tier 4 visa to Tier 2 General visa from inside the UK. You can only switch into Tier 2 General if you meet the following criteria:

  • You are currently, or have last been, sponsored by a Tier 4 sponsor which is either:
    • a higher education provider with a track record of compliance; or
    • an overseas higher education institution, and were sponsored to undertake a short-term study abroad programme in the United Kingdom, and
  • you have
    • completed, or are applying no more than 3 months before the expected completion date for, a course leading to a UK recognised bachelor’s or master’s degree;
    • completed, or are applying no more than 3 months before the expected completion date for a course leading to a Postgraduate Certificate in Education or Professional Graduate Diploma of Education; or
    • completed a minimum of 12 months’ study in the UK towards a UK PhD during your current period of leave or a period of continuous leave which includes your last grant of leave; and
  • you studied for, or are studying, the eligible award at a UK institution that is a UK recognised or listed body, or an education provider which holds a licence for sponsoring students under Tier 4 of the Points-Based System; and
  • your periods of UK study and/or research towards your course ‘have been undertaken whilst you had entry clearance, leave to enter or leave to remain in the UK that was not subject to a restriction preventing you from undertaking it; and
  • if you undertook or are still undertaking, the study for the qualification whilst holding leave as a Tier 4 student, you have undertaken the study at the institution which is the Tier 4 sponsor, and not through supplementary study; and
  • you are applying from inside the UK.

You must provide a degree certificate, academic transcript or an academic reference on official headed paper of the institution. You may have been sponsored in your studies by Her Majesty’s Government, your home government or any international scholarship agency. If you have had such sponsorship within the past 12 months, you must provide Home Office UKVI with the Government or international scholarship agency’s unconditional consent in writing, giving you their permission to remain in, or re-enter, the UK.

The Tier 2 sponsor is exempt from meeting the Resident Labour Market Test (RLMT) if the applicant meets the above referred switching criteria. The employer needs to issue an unrestricted Certificate of Sponsorship (CoS) which the applicant will use to make an application for switching into Tier 2 General leave. The applicant's job and salary level should comply with the requirements of the Code of Practice in Appendix J to the Immigration Rules.

Can I switch from Tier 4 Dependant Partner visa to Tier 2 General visa from inside the UK?

Yes, you can switch from Tier 4 Dependant partner visa to Tier 2 General visa from inside the UK. Your Tier 2 sponsor should assign a restricted Certificate of Sponsorship (CoS) for you to apply for switching from Tier 4 Dependant Partner vsia to Tier 2 General visa.

How can I apply for switching into Tier 2 General visa from inside the UK?

You can apply online for switching into Tier 2 General visa from inside the UK. You can only submit your online application after your Tier 2 sponsor has assigned you a valid Certificate of Sponsorship (CoS). Upon submission of the online application, you have to pay the Home Office UKVI fees online, book the appointment online with the UKVCAS application centre for enrolment of biometrics, upload all the documents online and attend the biometrics centre for enrolment of biometrics.

What is the job skill level required for switching into Tier 2 General visa?

For switching into Tier 2 General visa from inside the UK, the Certificate of Sponsorship (CoS) assigned by your prospective employer must confirm that:

What is Shortage Occupations List (SOL) for switching into Tier 2 General visa?

The shortage occupation list is an official list of occupations as given in Appendix K of the Immigration Rules for which there are not enough resident workers to fill job vacancies. The shortage occupation lists are recommended by the Migration Advisory Committee (MAC) and are revised periodically.

You will be awarded 30 points if your job was on a shortage occupation list at the time your Certificate of Sponsorship (CoS) was assigned by your Tier 2 General sponsor.

There is one list for the whole of the UK and a further additional list for Scotland. If you want to be awarded points for a job on the shortage occupation list in Scotland, you must be undertaking that job in Scotland.

You should confirm with your Tier 2 General sponsor that they have indicated that your job is a shortage occupation in the relevant field on the Certificate of Sponsorship (CoS). You should also confirm with your Tier 2 General sponsor that the SOC code and job description on the Certificate of Sponsorship (CoS) show that the job is one of those included on the shortage occupation list.

In general, if a role is on the shortage occupation list, your sponsor is not required to advertise the position.

Can I apply for switching into Tier 2 General visa as a New Entrant?

According to Appendix J to the Immigration Rules, New Entrant” rate will only apply if:

 the applicant:

  • is applying as a Tier 2 (General) Migrant and scores points from the Post-Study Work provisions of Appendix A,
  • is applying as a Tier 2 (General) Migrant and scores points from the Resident Labour Market Test provisions of Appendix A, on the basis that his Sponsor has carried out a university milkround,
  • is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category,

OR

  • was under the age of 26 on the date the application was made; and
  • the applicant is applying for entry clearance or leave to remain (not for indefinite leave to remain); and
  • the applicant is not applying for a grant of leave that would extend his total stay in Tier 2 and/or as a Work Permit Holder beyond 3 years and 1 month.

What if my prospective employer does not have the Tier 2 General sponsor licence to sponsor me for switching into Tier 2 General visa?

If your prospective employer does not have the Tier 2 General sponsor licence to sponsor you for switching into Tier 2 General visa, our expert team of sponsor licence solicitors can help your prospective employer to apply for Tier 2 General sponsor licence so that your employer is able to sponsor you for switching into Tier 2 General visa.

What is the minimum salary requirement for switching into Tier 2 General visa?

The salary to be paid to a Tier 2 General Migrant should not be less than the minimum salary threshold as set out in Table 11CA in paragraph 79A to Appendix A of the Immigration Rules. The minimum salary threshold for Tier 2 General visa is as given in the table below:

Circumstances Minimum Salary
None of the exceptions below apply. £30,000 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher

The applicant is considered to be a “New Entrant”.

£20,800 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher

The job is one of the following public service occupations:

  • 2217 Medical radiographers
  • 2231 Nurses
  • 2314 Secondary education teaching professionals – subject teachers in maths, physics, chemistry, computer science and Mandarin only
  • 3213 Paramedics.
£20,800 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher
The occupation is either 2231 Nurses or 2232 Midwives and meets the requirements of paragraph 77K for applicants undertaking the Objective Structured Clinical Examination (OSCE) to obtain Nursing and Midwifery Council registration. At least the appropriate rate for a Band 3 and equivalent nurse or midwife, as stated in Table 9 of Appendix J until registration with the Nursing and Midwifery Council Registration is either successfully completed, otherwise closed, or after 8 months of the stated employment date, whichever is earlier.

What is a Certificate of Sponsorship (CoS) for switching into Tier 2 General visa?

A certificate of sponsorship (CoS) holds your personal details and information about the job you’ve been offered. It’s an electronic record, not a paper document. Your sponsor will give you a certificate of sponsorship (CoS) reference number to add to your Tier 2 General visa application.

You can only use your certificate of sponsorship (CoS) reference number once. You must use your Certificate of Sponsorship (CoS) within 3 months of the date it is assigned to you.

How can I find a list of licenced Tier 2 General sponsors?

The Home Office UKVI maintains a list of licenced Tier 2 General sponsors. The list of Tier 2 sponsors is also known as register of Tier 2 sponsors.

Can I switch into Tier 2 General visa as an uregistered nurse or midwife?

If you are applying for switching into Tier 2 General worker visa to work in the UK as a nurse or midwife and are not yet registered with the Nursing and Midwifery Council (NMC), you must have passed the NMC’s Computer Based Test (CBT) or your application for switching into Tier 2 General visa will be refused. You must provide evidence from the NMC to demonstrate this.

Furthermore, your Tier 2 General sponsor must also confirm that you will sit an Objective Structured Clinical Examination (OSCE) within 3 months of your stated employment start date.

If you need to pass your OSCE, your Tier 2 General sponsor must tell the Home Office UKVI within 10 working days:

  • If you fail your OSCE but arrange a re-sit and they still want to sponsor you if you pass. They must tell the Home Office UKVI the date of your re-sit.
  • If you re-sit your OSCE and fail for the second time, they must tell the Home Office UKVI. They must also stop sponsoring you if you do not obtain full NMC registration within 8 months of the start date on your Certificate of Sponsorship (CoS). If you have moved sponsors but were previously granted Tier 2 General leave as a nurse or midwife, the 8 months will start from the start date of your previous employment.
  • If you pass your OSCE, they must tell Home Office UKVI the date you will start working for them as a registered nurse or midwife.
  • If they decide at any point that they no longer wish to sponsor you. For example, if you fail your first OSCE and they do not want to wait until you have done a re-sit.

You are able to make 3 attempts to pass the OSCE. If you fail your first attempt at OSCE, you can re-sit it after ten days. If you fail it a second time, you will have the opportunity to sit for a third time, waiting 3 months to allow for further preparation. If you fail for a third time, you will be unable to re-sit the OSCE until 6 months have passed since your previous unsuccessful test and will have to re-apply to the NMC.

If you are already in the UK with entry clearance or leave to remain and your sponsor stops sponsoring you, Home Office UKVI will reduce (curtail) your leave.

For how long will I be granted leave to remain as a result of successful application for switching into Tier 2 General visa?

You will be granted Tier 2 General leave according to the start date and end date of your job as given in your Certificate of Sponsorship (CoS). The maximum period for which your employer can sponsor you for your Tier 2 Geneal visa is 5 years. You can extend your Tier 2 General visa further for one more year after 5 years which means the maximum time a person can spend in the UK under Tier 2 General visa category is 6 years in total.

Normally, most applicants are able to apply for ILR as Tier 2 General Migrants 28 days before completion of 5 years in the UK with leave to remain as Tier 2 General Migrant.

When does an exemption from the Resident Labour Market Test (RLMT) apply for switching into Tier 2 General visa?

The Resident Labour Market Test does not apply if the job offer is:

  • in a supernumerary research position where you have been issued a non-transferrable scientific research Award or Fellowship either:
    • by a third party organisation, and the Award or Fellowship cannot be transferred to anyone else; or
    • by your Sponsor if the following requirements are met:
      • you have been selected through a competitive process on the basis of your own research proposal; and
      • the funding of the research is secured in an agreement between your Sponsor and a third party organisation, which includes objectively justified requirements that effectively prohibit any settled worker from undertaking the role.

This exemption continues to apply after the relevant third party funding has ended, as long as you are being sponsored to continue to undertake the same research; or

  • to continue working as a Doctor or Dentist in training, under the same NHS Training Number which was assigned to you for previous lawful employment as a Doctor or Dentist in Training in the UK, including where you are applying to return to your training after an out of programme experience; or
  • as a Doctor in Speciality Training and your salary and the costs of your training are being met by the government of another country under an agreement with that country and the UK Government; or
  • to resume a post in a Higher Education Institution, working for the same Sponsor as in a previous grant of entry clearance or leave to remain as a Tier 2 (General) Migrant, where the break in employment is due solely to a period of academic leave.
  • to continue working as a member of an existing research team and:
    • the Sponsor is a Higher Education Institution or a Research Council, and
    • you have previously worked with the lead researcher as part of their team for a continuous 12 month period immediately before the date of the application (or for 12 months during the 24 months immediately before the date of the application, if you have been absent due to the reasons shown in paragraph 234 of the Tier 2 Policy Guidance during that time)
  • connected with the inward investment provisions
  • to do a job for which salary is not less than £159,600 gross per annum
  • to do a job which is in the list of shortage occupations list.

Your sponsor must include full details of the why the exemption applies on the Certificate of Sponsorship.

FAQs - Tier 2 General Visa Extension

How early can I apply for Tier 2 General visa extension?

You can normally apply for extension of your Tier 2 General visa 28 days before the expiry of your current Tier 2 General visa. Exceptionally, you can also apply for Tier 2 General visa renewal up to 3 months before the expiry of your current Tier 2 General visa.

In case of change of employment, you can apply for Tier 2 General visa extension at any time during the validity of your current Tier 2 General visa but within 3 months of the date your CoS has been assigned to you by your new Tier 2 sponsor.

How many times can I extend my Tier 2 General visa?

There is no limit on the number of times you can apply for extension of your Tier 2 General visa. You can extend your Tier 2 General visa either before it expires or when you change Tier 2 sponsor (change of employment application). There is no limit on number of times you can change your Tier 2 sponsor. However, you cannot be in the UK for more than 6 years in total under Tier 2 General visa category.

It is very common for applicants to apply for initial Tier 2 General visa for either 5 years in one go or initial application for 3 years followed by an extension for 2 or 3 years.

Can I apply for Tier 2 General visa renewal after the expiry of my current Tier 2 General visa?

By virtue of paragraph 39E of the Immigration Rules, an applicant can apply for Tier 2 General visa extension within 14 days of the expiry of his Tier 2 General leave or within 14 days of Section 3C leave expiring. The applicant must give good reasons as to why he could not apply for extension before the expiry of his Tier 2 General leave.

Can I re-apply for Tier 2 General extension if my application for Tier 2 General visa renewal has been refused by the Home Office UKVI?

Subject to meeting the requirements of paragraph 39E of the Immigration Rules, you can re-apply for Tier 2 General visa extension within 14 days of the refusal of your Tier 2 General extension application or within 14 days of the Administrative Review (AR) refusal decision of your Tier 2 General visa extension application.

How can I apply for Tier 2 General visa extension?

An application for Tier 2 General visa extension is made online. You will need a valid Certificate of Sponsorship (CoS) assigned to you by your Tier 2 sponsor for you to be able to complete and submit your online Tier 2 General extension application.

Once the Tier 2 General extension application has been completed and submitted online, you can pay the Home Office UKVI fee for Tier 2 General visa extenson online and book the biometrics appointment online with the UKVCAS biometrics centre. You must upload all your supporting documents online before you attend the UKVCAS biometrics centre.

What is the processing time of Tier 2 General visa extension application?

The processing time of Tier 2 General visa extension application depends on the type of service you use to submit your Tier 2 General visa extension application. The service standards for Tier 2 General visa extension application processing are as follows:

Standard Service

A Tier 2 General extension application submitted through standard service is normally decided within 8 weeks.

Priority Service

A Tier 2 General extension application submitted through priority service is normally decided within 5 working days.

Super Priority Service

A Tier 2 General extension application submitted through super priority service is normally decided within 24 hours.

Can I start working for my new employer before my application for Tier 2 General visa based on change of employment is approved by the Home Office?

It is recommended that you do not start work for your sponsor until you have received your biometric residence permit (BRP). However, on the basis of your approval letter, if you and your sponsor agree you can start work before you have your BRP, both you and your sponsor carry the risk of having no statutory excuse against a civil penalty if the BRP card is incorrect or withdrawn by the Home Office UKVI. You can continue working for your previous sponsor until the start date on your new Certificate of Sponsorship (CoS), provided your previous leave has not expired.

Can I apply for Tier 2 General extension application from outside the UK?

You cannot apply for an extension if you are applying from outside the UK.

Is Resident Labour Market Test (RLMT) required if I am continuing my job with the same employer under the same job role?

A Resident Labour Market Test (RLMT) is not required for extension applications if you are continuing with the same Tier 2 sponsor under the same job role.

Can I continue working for my current sponsor while my application for Tier 2 General extension is pending with the Home Office UKVI?

You can continue working while we are considering your extension application, provided you submitted the application before your previous leave expired.

What is the job skill level required for extension of Tier 2 General visa?

For extension of Tier 2 General visa, the Certificate of Sponsorship (CoS) assigned by your Tier 2 General sponsor must confirm that:

What is Shortage Occupations List (SOL) for extension of Tier 2 General visa?

The shortage occupation list is an official list of occupations as given in Appendix K of the Immigration Rules for which there are not enough resident workers to fill job vacancies. The shortage occupation lists are recommended by the Migration Advisory Committee (MAC) and are revised periodically.

You will be awarded 30 points if your job was on a shortage occupation list at the time your Certificate of Sponsorship (CoS) was assigned by your Tier 2 General sponsor.

There is one list for the whole of the UK and a further additional list for Scotland. If you want to be awarded points for a job on the shortage occupation list in Scotland, you must be undertaking that job in Scotland.

You should confirm with your Tier 2 General sponsor that they have indicated that your job is a shortage occupation in the relevant field on the Certificate of Sponsorship (CoS). You should also confirm with your Tier 2 General sponsor that the SOC code and job description on the Certificate of Sponsorship (CoS) show that the job is one of those included on the shortage occupation list.

In general, if a role is on the shortage occupation list, your sponsor is not required to advertise the position.

What if I am changing employer but my prospective employer does not have the Tier 2 General sponsor licence to sponsor me for extension of my Tier 2 General visa?

If you are changing employment and your new prospective employer does not have the Tier 2 General sponsor licence to sponsor you for extension of your Tier 2 General visa, our expert team of sponsor licence solicitors can help your new employer to apply for Tier 2 General sponsor licence so that your employer is able to sponsor you for change of employment and extension of your Tier 2 General visa.

For how long will I be granted leave to remain as a result of successful application for Tier 2 General visa extension?

You can apply to extend your Tier 2 General visa for up to another 5 years, as long as your total stay under Tier 2 General visa category is not more than 6 years.

FAQs - ILR Tier 2 General

How can I apply for ILR as a Tier 2 General Migrant?

You can apply for ILR as a Tier 2 General Migrant by completing application form SET (O) online.

When can I apply for ILR as a Tier 2 General Migrant?

You can apply for Indefinite Leave to Remain (ILR) as a Tier 2 General migrant after you have been resident in the UK for 5 years with leave to remain as a Tier 2 General or in combination with other permitted work visa categories.

Can I apply for ILR as a Tier 2 General 28 days before completing 5 years?

Yes, according to Home Office UKVI Guidance on Tier 2 General visa category, you can apply for ILR as Tier 2 General 28 days before completing the 5 years qualifying period.

When does my 5 years qualifying period for ILR as a Tier 2 General start?

Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

Can I apply for ILR as a Tier 2 General Migrant if my Tier 2 sponsor's licence is revoked?

You cannot successfully apply for ILR as a Tier 2 General Migrant if your sponsor's Tier 2 General sponsor licence is revoked before your ILR application. In such circumstances, you should make a Tier 2 General exetension application based on change of employment by seeking sponsorship for your Tier 2 leave through a different Tier 2 sponsor.

Do I need a Certificate of Sponsorship (CoS) assigned by my Tier 2 General sponsor for me to apply for ILR as a Tier 2 General?

No, your Tier 2 sponsor does not need to assign you a certificate of sponsorship (CoS) for you to apply for ILR as a Tier 2 General Migrant. However, you will need a letter from your Tier 2 sponsor to support your application for ILR as a Tier 2 General Migrant. As your legal representtive, we can provide you the required template of the letter from your employer as per Home Office UKVI requirements.

What are the eligibility requirements for ILR as a Tier 2 General Migrant?

You can apply for ILR as a Tier 2 General Migrant if:

  • you have a Tier 2 (General) visa
  • you’ve been living and working in the UK for 5 years and spent no more than 180 days outside the UK in any 12 months (‘continuous residence’)
  • your employer (sponsor) still needs you for your job - they’ll need to provide a document confirming this
  • your job pays £35,800 or more (unless you’re exempt from the ‘minimum earnings threshold’)
  • you get paid the relevant salary listed in the Codes of Practice (Appendix J)

You should also:

Can I combine time spent on other visa categories with Tier 2 General to apply for ILR as a Tier 2 General Migrant?

Yes, you can combine time spent on certain other visa categories with Tier 2 General leave in order to complete 5 years qualifying period for ILR.

The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (General) Migrant in any combination of the following categories:

  • as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant,
  • as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant,
  • as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:
    • a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
    • a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer,
  • as a Representative of an Overseas Business,
  • as a Highly Skilled Migrant,
  • as a Work Permit Holder, or
  • as an Innovator, or
  • as a Global Talent migrant.

What is the salary requirement for ILR Tier 2 General?

To apply for ILR as a Tier 2 General Migrant, you must be earning at least the appropriate rate for the job, as stated in the Codes of Practice in Appendix J OR a gross annual salary of at least the minimum earnings threshold, whichever is the higher. The minimum earnings threshold is £35,800 gross per annum, if you apply for ILR as a Tier 2 General on or after 6 April 2019.

Exemption From Minimum Salary Requirement

You do not have to earn £35,800 if the main job you’re sponsored for:

Appendix K provides a list of all posts that have been listed as in shortage since 6 April 2015. You can confirm whether any of your previous Certificates of Sponsorship were issued for a shortage occupation by checking your previous applications or by speaking to your current and/or previous employer.

How many days can you stay outside the UK to apply for ILR as a Tier 2 General Migrant?

You cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as a Tier 2 General Migrant. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

For Tier 2 General ILR applications made after 11 January 2018, Home Office would consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR Tie 2 General application.

For example, you apply for ILR as Tier 2 General on 30 June 2020. Your continuous period includes the following grants of leave:

  • One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
  • One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.

What evidence should I provide for any absences which are work related or in line with annual paid leave?

If any of your absences are in connection with employment or in line with annual paid leave you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual paid leave.

You will need to provide this information for the full 5 year continuous period. Therefore, if you are moving employers and are considering applying for settlement in the future, you may wish to request a letter detailing your absences before you move to your new post. If you are unable to obtain a letter as specified in the Immigration Rules, because your previous employer has ceased to exist for example, you should confirm this in writing when you make your application. The caseworker who considers your application will assess this on a case by case basis.

What evidence should I provide for any absences which are due to serious or compelling reasons?

If any of your absences are due to a serious or compelling reasons, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.

Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling reasons.

Which absences are exempt from consideration as part of the maximum 180 days?

There are two exemptions where absences are not considered as part of the maximum 180 days:

  • where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis, or
  • where you are working in a PhD level occupation and you have been absent from the UK because you are undertaking overseas research.

What is the processing time of Tier 2 General ILR application?

The processing time of ILR Tier 2 General application depends on the type of service you use to submit your ILR Tier 2 General application. The service standards for ILR Tier 2 General application processing are as follows:

Standard Service

ILR Tier 2 General application submitted through standard service is normally decided within 8 weeks.

Priority Service

ILR Tier 2 General application submitted through priority service is normally decided within 5 working days.

Super Priority Service

ILR Tier 2 General application submitted through super priority service is normally decided within 24 hours.

Can I apply for ILR Tier 2 General from outisde the UK?

No, you can only apply for ILR as Tier 2 General Migrant from inside the UK.

FAQs - Extension Of Overseas Media Representative Visa UK

How can I apply for extension of my overseas media representative visa?

If you are already in the UK with an overseas media representative visa, you can apply for extension/renewal of your overseas media representative visa by completing online application form FLR (IR).

Can I use Super Priority Service (decision within 24 hours) for my overseas media representative visa renewal?

No, you cannot use Super Priority Service for renewal of your overseas media representative visa as Super Priority Service is not available for overseas media representative visa extension application. You can only use standard service for extension of your overseas media representative visa.

For how long will I be granted further extension if my application for overseas media representative visa renewal is successful?

As a result of a successful application for renewal of your overseas media representative visa, you will be granted further leave to remain for 2 years as a representative of an overseas media organisation.

Do I need a letter from my employer to renew my overseas media representative visa?

Yes, you will need a certification letter from your employer to support your application for renewal of your overseas media representative visa.

What are the eligibility requirements for overseas media representative visa extension?

To succeed in your application for overseas media representative visa extension application, you must satisfy the following eligibility criteria:

  • You must be in the UK as a representative an overseas business and working in the UK as an overseas media representative;
  • You must still be working for the same employer as when you were issued your previous overseas media representative visa for UK. You must show that you are in receipt of a salary from your employer by evidence of the salary paid in the previous 12 months and confirmation of how that salary was paid - for example, whether it was paid as basic or commission and the numbers of hours paid;
  • You are still required by your employer for the same job and this is certified by your employer way of a letter issued by your employer;
  • You only intend to work for the same employer in the same job as your entry clearance was granted for;
  • Your employer's principal place of business is still outside the UK;
  • You can maintain and accommodate yourself and your dependants adequately without recourse to public funds;
  • You must not be in breach of immigration laws, except that any periods of overstaying allowed by the Immigration Rules which will be disregarded.

How can I challenge the refusal of my overseas media representative visa extension application?

If your application for renewal of overseas media representative visa is refused by the Home Office UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will consider and decide your Administrative Review (AR) within 28 days of receiving the Administrative Review (AR).

Can I re-apply for overseas media representative visa extension after the refusal of my visa renewal application?

You can re-apply for extension of your overseas media representative visa after the refusal of your renewal application within 14 days of either the refusal of your application or within 14 days of the Administrative Review (AR) decision against the refusal of your application. Our expert team of immigration solicitors can help you prepare and file a fresh application for overseas media representative visa extension after the refusal of your visa renewal application.

What is the processing time of overseas media representative visa extension application?

According to the Home Office UKVI website, a decision on your overseas media representative visa extension application will be made within 8 weeks.

You’ll be contacted if your application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances (for example if you have a criminal conviction)

 

FAQs - Sole Represenative Visa Entry Clearance UK

Can I switch into sole representative visa from inside the UK?

You cannot switch into representative of an overseas business visa from inside the UK and the initial application can only be made through an entry clearance from outside the UK.

For how long will I be granted UK visa as a result of a successful application for entry clearance as a sole representative of an overseas business?

As a result of successful entry clearance for sole representative visa UK, you will be granted UK visa as a sole representative of an overseas business for 3 years with an option to extend it for further 2 years to be eligible for ILR after 5 years.

What is a sole representative?

The Home Office UKVI will take into account the following factors when considering whether the applicant can be treated as a sole representative under the representative of an overseas business category:

The sole representative must have:

  • been employed by the parent company in a senior job role within the company
  • a track record of setting up branches for other companies, if they have been employed specifically to undertake this role
  • authority to take operational decisions once in the UK, as indicated by the role in the company hierarchy

Majority shareholders in the parent company are not eligible for entry as sole representatives. The Entry Clearance Officer (ECO) will refuse an application when an applicant’s shareholding is over 50 per cent.

What are the eligibility requirements for sole representative visa entry clearance?

You can apply for entry clearance as sole representative of an overseas employer who intends to establish a commercial presence by operating a registered branch or wholly-owned subsidiary of that overseas business in the UK: that branch or subsidiary will operate in the same type of business activity as the overseas business.

For you to make a successful application as a sole representative of an overseas business, you must:

  • be recruited and employed outside the UK by the employer they intend to represent in the UK
  • intend to work full-time for the organisation
  • not intend to take any other employment
  • be applying to be the sole representative in the UK of an overseas employer who intends to establish and operate a registered branch or wholly-owned subsidiary of that overseas business in the UK: that branch or subsidiary will operate in the same type of business activity as the overseas business
  • not be a majority shareholder in that overseas business
  • be a senior employee of the overseas company
  • have full authority to take operational decisions on behalf of the overseas business for the purpose of representing it in the UK
  • obtain entry clearance in this category before arrival in the UK and present it to an border force officer on arrival
  • provide evidence that you can maintain and accommodate yourself and any dependants adequately without recourse to public funds
  • meet the required standard in English language

You employer must have:

  • its headquarters and principal place of business outside the UK
  • no branch, subsidiary or other representative in the UK

If there is already a branch, subsidiary or other representative in the UK, employees must apply under the points-based system.

What the conditions of grant of UK visa entry clearance as a sole representative of an overseas business?

Leave to enter or remain under this route is subject to the following conditions:

  • no recourse to public funds;
  • must register with the police, if required by paragraph 326 of the Immigration Rules;
  • work only as a representative for the business which they have been admitted to represent;
  • study (with no limit on the number of study hours if it doesn’t interfere with the job they have been sponsored to do).

Can I sponsor my dependants to join me or accompany me to the UK?

You can sponsor your dependants (spouse/partner and children under the age of 18) to accompany you to the UK or to join you later in the UK as your dependants.

What is difference between a branch and subsidiary of an overseas compnay in the UK?

You must consider the following information for a branch or subsidiary to meet the requirements of the representative of an overseas business category:

Branch Of An Overseas Company

A registered branch is part of a company organised to conduct business on behalf of the parent company. This enables someone in the UK to deal direct with the branch here instead of the company in its home country.

The sole representative must intend to, and then actually, establish the new branch in the UK. This must be the same type of business as the parent company overseas. For example, it must supply a similar product or service. An overseas manufacturing company can establish a UK branch for the sale or servicing of their products in the UK.
The UK branch must register with Companies House as a UK establishment within one month of opening.

You can apply for sole representative representative visa entry clearance after a branch is established in the UK, as long as that branch:

  • exists only as a legal entity;
  • has set up a bank account;
  • has identified, and set up, premises.

Entry clearance as a sole representative will only be granted where:

  • no staff are employed;
  • the branch has not yet transacted any business.

An example might be when the company has set up as a legal entity in advance of the company’s expansion into the UK.

A Wholly-owned Subsidiary

If a parent company or holding company owns 100% of another company, that company is called a "wholly-owned subsidiary." Wholly-owned subsidiaries are 100 percent owned by the parent company.

Advantages of using wholly owned subsidiaries include vertical integration of supply chains, diversification, risk management, and favorable tax treatment abroad. Disadvantages include the possibility of multiple taxation, lack of business focus, and conflicting interest between subsidiaries and the parent company.

While a branch has no separate legal standing, a subsidiary company is a separate legal entity and has an identity different from its holding company. In case of branches, there may be the joint or separate maintenance of accounts, whereas the subsidiaries maintain their own separate accounts.

The most common form of company for a UK subsidiary is the private limited company, and setting up a company of that type involves going through the standard UK company registration process and applying to Companies House. A UK subsidiary has to have at least one named director.

What should the terms of employment of a sole representative entail?

The applicant must provide an employment contract which should lay down all the terms and conditions of employment of the sole representative. The terms and conditions of employment should entail, among other factors, the authority (job description) of the sole representative and the salary and hours of the sole representative.

 

What is the processing time for sole representative visa entry clearance appliation?

Standard Service

An application for sole representative visa entry clearance made using standard service is normally granted within 3 to 4 weeks.

Priority Service

If the Prioirty Service is available in the country you’re applying from you can choose the ‘priority service’ when you apply. There will be an additional cost for this service. A decision will be made within 5 working days of your appointment at the visa application centre.

Check with your visa application centre to see if the priority visa service is available in the country you’re applying from. The priority visa service is available in most countries.

You might wait longer for a decision if your application is not straightforward and more information is required before a decision is made. If your application is delayed, you will be informed by the Entry Clearance Officer (ECO) within the standard timescales for your visa.

FAQs - ILR Overseas Media Representative

How can I apply for ILR as a representative of an overseas media organisation?

You can apply for Indefinite Leave to Remain (ILR) as an overseas media representative by completing an online application form.

Can I apply for ILR as an overseas media representative using Super Priority Service?

No, you cannot use Super Priority Service for ILR as an overseas media representative because Super Priority Service is not available for ILR as an overseas media representative. You can only use standard service for ILR as an overseas media representative.

When can I apply for ILR as an overseas media representative?

You can apply for ILR as an overseas media representative 28 days before completing 5 years residence in the UK with leave to remain as an overseas media representative. Your qualifying period can include time from the date your initial application for entry clearance was approved.

What are the eligibility requiremets for ILR as an overseas media representative?

You can apply for ILR as an overseas media representative if you meet the following eligibility criteria:

  • You have completed 5 years in the UK with UK visa as an overseas media representative;
  • You have met the requirements of an overseas media representative throughout the 5 year period and you should still meet all the requirements - this includes being employed throughout the period, for example by providing P60s for the last 5 years and pay slips for the last 3 months;
  • You should provide evidence to show that your employer is still be actively trading and remains centred overseas;
  • You have no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’);
  • You provide proof that your employer still needs you to do your job;
  • You must not be in breach of immigration laws, except that any period of overstaying allowed under the Immigration Rules will be disregarded.

You should also:

Can I re-apply for ILR as an overseas media representative after the refusal of my ILR application?

You can re-apply for ILR as an overseas media representative after the refusal of your ILR application within 14 days of either the refusal of your ILR application or within 14 days of the Administrative Review (AR) decision against the refusal of your ILR application. Our expert team of immigration solicitors can help you prepare and file a fresh application for ILR as an overseas media representative after the refusal of your ILR application.

What is the absences criteria for ILR as an overseas media representative?

You cannot have had more than 180 days’ absences from the United Kingdom during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as an overseas media employee. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

For ILR application as an overseas media representative made after 11 January 2018, Home Office would consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR as a sole representative application.

For example, you apply for ILR as an overseas media representative on 30 June 2020. Your continuous period includes the following grants of leave:

  • One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
  • One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.

Work Related Absences Or Absences In Line With Annual Paid Leave

If any of your absences are in connection with employment or in line with annual paid leave you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual paid leave. You will need to provide this information for the full 5 year continuous period.

Absences Due To Serious Or Compelling Reasons

If any of your absences are due to a serious or compelling reasons, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.

Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling reasons.

Exemption Where Absences Are Not Considered

Your absences are not considered as part of the maximum 180 days where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis.

What is the processing time of ILR application as an overseas media representative?

According to the Home Office UKVI website, a decision on your ILR application as an overseas media representative will be made within 6 months.

You’ll be contacted if your ILR application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances (for example if you have a criminal conviction)

How can I challenge the refusal of my ILR as an overseas media representative?

If your application for ILR as an overseas media representative has been refused by the Home Office, UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will review the refusal decision and decide the Administrative Review (AR) request within 28 days of receiving the Administrative Review (AR) request.

FAQs - Overseas Media Representative UK - Entry Clearance

Can I switch into overseas media representative visa from inside the UK?

You cannot switch into overseas media representative visa from inside the UK and the initial application can only be made through an entry clearance from outside the UK.

For how long will I be granted UK visa as a result of a successful application for entry clearance as a representative of an overseas media organisation?

As a result of successful entry clearance for overseas media representative visa UK, you will be granted UK visa as a representative of an overseas media company for 3 years with an option to extend it for further 2 years to be eligible for ILR after 5 years.

What is the processing time for overseas media representative visa entry clearance appliation?

Standard Service

An application for overseas media representative visa entry clearance made using standard service is normally granted within 3 to 4 weeks.

Priority Service

If the Prioirty Service is available in the country you’re applying from you can choose the ‘priority service’ when you apply. There will be an additional cost for this service. A decision will be made within 5 working days of your appointment at the visa application centre.

Check with your visa application centre to see if the priority visa service is available in the country you’re applying from. The priority visa service is available in most countries.

You might wait longer for a decision if your application is not straightforward and more information is required before a decision is made. If your application is delayed, you will be informed by the Entry Clearance Officer (ECO) within the standard timescales for your visa.

What are the eligibility requirements for overseas media representative visa entry clearance?

You can apply for UK visa entry clearance if you are a representative of an overseas newspaper, news agency or broadcasting organisation and you are being posted by your overseas employer on a long-term assignment in the UK.

For you to make a successful application as a representative of an overseas newspaper, news agency or broadcasting organisation, you must:

  • be recruited and employed outside the UK by the employer you intend to represent in the UK
  • intend to work full-time for the organisation
  • not intend to take any other employment
  • be based mainly in the UK and working on a UK long-term assignment
  • obtain entry clearance in this category before arrival in the UK and present it to a border force officer on arrival
  • provide evidence you can maintain and accommodate yourself and any dependants adequately without recourse to public funds
  • meet the required standard in English language

What the conditions of grant of UK visa entry clearance as an overseas media representative?

Leave to enter or remain under this route is subject to the following conditions:

  • no recourse to public funds;
  • must register with the police, if required by paragraph 326 of the Immigration Rules;
  • work only as a representative for the business which they have been admitted to represent;
  • study (with no limit on the number of study hours if it doesn’t interfere with the job they have been sponsored to do).

Can I sponsor my dependants to join me or accompany me to the UK?

You can sponsor your dependants (spouse/partner and children under the age of 18) to accompany you to the UK or to join you later in the UK as your dependants.

FAQs - Extension/Renewal Of Sole Representative Visa UK

How can I apply for extension of my sole representative visa?

If you are already in the UK with sole representative visa, you can apply for extension/renewal of your sole representative visa by completing online application form FLR (IR).

Can I use Super Priority Service (decision within 24 hours) for my sole representative visa renewal?

No, you cannot use Super Priority Service for renewal of your sole representative visa as Super Priority Service is not available for sole representative visa extension application. You can only use standard service for extension of your sole representative visa .

For how long will I be granted further extension if my application for sole representative visa renewal is successful?

As a result of a successful application for renewal of your sole representative visa, you will be granted further leave to remain for 2 years as a sole representative.

Do I need a letter from my employer to renew my sole representative visa?

Yes, you will need a certification letter from your employer to support your application for renewal of your sole representative visa.

What are the eligibility requirements for sole representative visa extension?

To succeed in your application for sole representative visa extension application, you must satisfy the following eligibility criteria:

  • You must be in the UK with sole representative visa as a representative of an overseas business;
  • You must still be working for the same employer in the UK branch or subsidiary of the overseas parent company;
  • You must only intend to work for the same employer full time and in the same job as a representative of an overseas business;
  • You must show that you have been in receipt of salary from your employer by providing evidence of the salary paid in the previous 12 months and confirmation of how that salary was paid: for example, whether basic or commission, and the number of hours paid;
  • You should provide confirmation from your employer that you are still required for your job as a sole representative;
  • Your employer's principal place of business and business head quarter is still outside the UK;
  • You must show that you have established and are in charge of a branch or subsidiary in the same type of activity as the parent company;
  • You must provide evidence that you have generated business, principally with firms in the UK, on behalf of your employer since entry to the UK or your last extension of stay: the evidence must be in the form of accounts, copies of invoices or letters from firms who you have done business with, including indications of the value of transactions;
  • You must provide a Companies House certificate of registration as a UK establishment (for a branch) OR a certificate of incorporation (for a subsidiary) with either a copy of the share register or a letter from the company’s accountants confirming that all shares are held by the parent company;
  • You must be able to maintain and accommodate yourself and any dependants adequately without recourse to public funds;
  • You must not be in breach of immigration laws, except that any period of overstaying allowed under the Immigration Rules will be disregarded.

How can I challenge the refusal of my sole representative visa extension application?

If your application for renewal of sole representative visa is refused by the Home Office UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will consider and decide your Administrative Review (AR) within 28 days of receiving the Administrative Review (AR).

Can I re-apply for sole representative visa extension after the refusal of my visa renewal application?

You can re-apply for extension of your sole representative visa after the refusal of your renewal application within 14 days of either the refusal of your application or within 14 days of the Administrative Review (AR) decision against the refusal of your application. Our expert team of immigration solicitors can help you prepare and file a fresh application for sole representative visa extension after the refusal of your visa renewal application.

What is the processing time of sole representative visa extension application?

According to the Home Office UKVI website, a decision on your sole representative visa extension application will be made within 8 weeks.

You’ll be contacted if your application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances (for example if you have a criminal conviction)

 

FAQs - Tier 1 Entrepreneur Visa UK - Entry Clearance

What are the useful online sources for information about Tier 1 Entrepreneur visa UK entry clearance?

Following are the useful online sources of information and advice relating to Tier 1 Entrepreneur visa entry clearance:

Home Office UKVI Guidance On Application For UK Visa As Tier 1 Entrepreneur

The Home Office UKVI guidance on application for UK visa as Tier 1 Entrepreneur is a useful source of information for applicants who are considering to apply for UK visa entry clearance as Tier 1 Entrepreneur.

gov.uk logo

245DB. Requirements For Entry Clearance

Paragraph 245DB in part 6A of the Immigration Rules lays down the requirements an applicant has to meet for UK visa entry clearance as Tier 1 Entrepreneur.

gov.uk logo

OANDA Currency Coverter

OANDA Currency Coverter is the Home Officer UKVI approved currency converter to convert foreign currency to Great Britain Pounds (GBP).

Can I apply for Tier 1 Entrepreneur visa entry clearance from outside the UK.

The Tier 1 Entrepreneur visa category has been closed by the Home Office UKVI from 30 March 2019 for initial applications and has been replaced by Innovator visa category. However, a person with Tier 1 Graduate Entrepreneur leave or someone who switched from Tier 1 Graduate Entrepreneur to Start-up visa can still make initial application for Tier 1 Entrepreneur visa. Also, a person who previously had Tier 1 Graduate Entrepreneur visa in last 12 months can apply for Tier 1 Entrepreneur visa entry clearance from outside the UK.

What is the processing time of Tier 1 Entrepreneur visa entry clearance application?

Standard Service

An application for Tier 1 Entrepreneur visa entry clearance made using standard service is normally granted within 3 to 4 weeks.

Priority Service

If the Prioirty Service is available in the country you’re applying from you can choose the ‘priority service’ when you apply. There will be an additional cost for this service. A decision will be made within 5 working days of your appointment at the visa application centre.

Check with your visa application centre to see if the priority visa service is available in the country you’re applying from. The priority visa service is available in most countries.

You might wait longer for a decision if your application is not straightforward and more information is required before a decision is made. If your application is delayed, you will be informed by the Entry Clearance Officer (ECO) within the standard timescales for your visa.

What are the eligibility requirements for Tier 1 Entrepreneur visa entry clearance?

You can apply for UK visa entry clearance for Tier 1 Entrepreneur visa if you have:

  • a valid Tier 1 (Graduate Entrepreneur) visa
  • a valid Start-up visa, and you switched from a Tier 1 (Graduate Entrepreneur) visa for your second year
  • a Tier 1 (Graduate Entrepreneur) visa that expired less than 12 months ago
  • a Start-up visa that expired less than 12 months ago, and you switched from a Tier 1 (Graduate Entrepreneur) visa for your second year

What are the conditions of grant of UK visa entry clearance as a Tier 1 Entrepreneur?

Permission to stay under Tier 1 Entrepreneur route will be subject to the following conditions:

  • no recourse to public funds (which means you will not be able to claim most benefits paid by the state);
  • registration with the police, if this is required by paragraph 326 of the Immigration Rules;
  • no employment other than working for the business or businesses that you have established, joined or taken over, but working for such business(es) does not include any work you do which is effectively employment with another business;
  • no employment as a professional sportsperson (including as a sports coach); and
  • study subject to getting ATAS certificate, where required by the Rules.

Can I sponsor my dependants to join me or accompany me to the UK?

You can sponsor your dependants (spouse/partner and children under the age of 18) to accompany you to the UK or to join you later in the UK as your dependants.

What Is The Points Based Criteria For Tier 1 Entrepreneur Visa Entry Clearance?

Tier 1 Entrepreneur visa is a Points Based visa category and points can be awarded for the Attributes Section, English language and funds for maintenance. A Tier 1 Entrepreneur migrant should score 95 points in total to qualify for entry clearance as a Tier 1 Entrepreneur migrant. The breakdown of the required points for Tier 1 Entrepreneur visa entry clearance is given in the table below:

Criterion Points
The applicant must demonstrate that they have access to funds of at least £50,000 which is available to them or their business. 25
The applicant’s money is held in one or more regulated financial institution 25
The applicant’s money is disposable in the UK. If the applicant is applying for leave to remain the money must be held in the UK. 25
Funds for maintenance 10
English language 10
Total Points 95

 

Do I need a business plan to apply for Tier 1 Entrepreneur visa for the UK?

If the applicant is making an initial Tier 1 Entrepreneur visa entry clearance application, they must provide a business plan, setting out their proposed business activities in the UK and how they expect to make their business succeed.

FAQs - ILR Sole Representative

How can I apply for ILR as a sole representative of an overseas business?

You can apply for Indefinite Leave to Remain (ILR) as a sole representative by completing an online application form.

Can I apply for ILR as a sole representative using Super Priority Service?

No, you cannot use Super Priority Service for ILR as a sole representative as Super Priority Service is not available for ILR as a sole representative. You can only use standard service for ILR as a sole representative.

When can I apply for ILR as a sole representative?

You can apply for ILR as a sole representative 28 days before completing 5 years residence in the UK with leave to remain as a sole representative. Your qualifying period can include time from the date your initial application for entry clearance was approved.

What are the eligibility requiremets for ILR as a sole representative?

You can apply for ILR as a sole representative of an overseas business if you meet the following eligibility criteria:

  • You have completed 5 years in the UK with UK visa as a sole representative of an overseas business;
  • You have met the requirements of a representative of an overseas business throughout the 5 year period and you should still meet all the requirements - this includes being employed throughout the period, for example by providing P60s for the last 5 years and pay slips for the last 3 months;
  • You should provide evidence to show you have established a branch registered as a UK establishment or subsidiary and generated business;
  • You should provide evidence to show that your employer is still be actively trading and remains centred overseas;
  • You have no more than 180 days outside the UK in any 12 months (known as ‘continuous residence’);
  • You provide proof that your employer still needs you to do your job;
  • You must not be in breach of immigration laws, except that any period of overstaying allowed under the Immigration Rules will be disregarded.

You should also:

Can I re-apply for ILR as a sole representative after the refusal of my ILR application?

You can re-apply for ILR as a sole representative after the refusal of your ILR application within 14 days of either the refusal of your ILR application or within 14 days of the Administrative Review (AR) decision against the refusal of your ILR application. Our expert team of immigration solicitors can help you prepare and file a fresh application for ILR as a sole representative after the refusal of your ILR application.

What is the absences criteria for ILR as a sole representative?

You cannot have had more than 180 days’ absences from the United Kingdom during any consecutive 12 month period within the 5 year period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on your application form for ILR as a sole representative. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period. You do not need to provide evidence to demonstrate a period of absence between obtaining entry clearance and entering the United Kingdom.

For ILR application as a sole representative made after 11 January 2018, Home Office would consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR as a sole representative application.

For example, you apply for ILR as a sole representative on 30 June 2020. Your continuous period includes the following grants of leave:

  • One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
  • One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.

Work Related Absences Or Absences In Line With Annual Paid Leave

If any of your absences are in connection with employment or in line with annual paid leave you will need to provide a letter from the relevant employer detailing the purpose and period of absences, including periods of annual paid leave. You will need to provide this information for the full 5 year continuous period.

Absences Due To Serious Or Compelling Reasons

If any of your absences are due to a serious or compelling reasons, you must provide a personal letter which includes full details of the reason(s) for the absences and all relevant supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, other information about the reasons which led to the absence from the United Kingdom.

Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days unless they fall under a specific exemption. This includes any absences for work reasons, or serious and compelling reasons.

Exemption Where Absences Are Not Considered

Your absences are not considered as part of the maximum 180 days where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis.

What is the processing time of ILR application as a sole representative?

According to the Home Office UKVI website, a decision on your ILR application as a sole representative will be made within 6 months.

You’ll be contacted if your ILR application is complex and will take longer, for example:

  • if your supporting documents need to be verified
  • if you need to attend an interview
  • because of your personal circumstances (for example if you have a criminal conviction)

How can I challenge the refusal of my ILR as a sole representative?

If your application for ILR as a sole representative has been refused by the Home Office, UKVI, you can file an Administrative Review (AR) of the Home Office refusal decision within 14 days of the refusal decision date. The Home Office UKVI will review the refusal decision and decide the Administrative Review (AR) request within 28 days of receiving the Administrative Review (AR) request.

FAQs - Switching Into Tier 1 Entrepreneur Visa

What are the useful online sources for information about switching into Tier 1 Entrepreneur visa?

Following are the useful online sources of information for switching into Tier 1 Entrepreneur visa from inside the UK:

Home Office UKVI Guidance On Tier 1 Entrepreneur Visa

The Home Office UKVI guidance on application for UK visa as Tier 1 Entrepreneur is a useful source of information for applicants who are considering to apply for switching into Tier 1 Entrepreneur visa from inside the UK.

gov.uk logo

245DD. Requirements For Leave To Remain

Paragraph 245DD in part 6A of the Immigration Rules lays down the requirements an applicant has to meet for switching into Tier 1 Entrepreneur visa from inside the UK.

gov.uk logo

OANDA Currency Coverter

OANDA Currency Coverter is the Home Officer UKVI approved currency converter to convert foreign currency to Great Britain Pounds (GBP).

Can I apply for switching into Tier 1 Entrepreneur visa from inside the UK.

The Tier 1 Entrepreneur visa category has been closed by the Home Office UKVI from 30 March 2019 for initial applications and has been replaced by Innovator visa category. However, a person with Tier 1 Graduate Entrepreneur leave or someone who switched from Tier 1 Graduate Entrepreneur to Start-up visa can still make initial application for switching into Tier 1 Entrepreneur visa.

What is the processing time for switching into Tier 1 Entrepreneur visa from inside the UK?

An application for switching into Tier 1 Entrepreneur visa from inside the UK can only be made using standard service and is normally granted within 3 to 4 weeks.

Priority Service or Super Priority Service is not available to applicants applying for switching into Tier 1 Entrepreneur visa from inside the UK.

What are the eligibility requirements for switching into Tier 1 Entrepreneur visa from inside the UK?

If you’re already in the UK you may be able to switch to a Tier 1 (Entrepreneur) visa if:

  • you’re on a Tier 1 (Graduate Entrepreneur) visa
  • you switched to a Start-up visa from a Tier 1 (Graduate Entrepreneur) visa for your second year

You must meet the eligibility requirements for a Tier 1 (Entrepreneur) visa. You must have:

  • £50,000 in funds to spend in the UK
  • a viable business plan

Additionally, you should also meet the English language requirment and the funds for maintenance requirement.

What are the conditions of grant of leave to remain as a Tier 1 Entrepreneur?

Permission to stay under Tier 1 Entrepreneur route will be subject to the following conditions:

  • no recourse to public funds (which means you will not be able to claim most benefits paid by the state);
  • registration with the police, if this is required by paragraph 326 of the Immigration Rules;
  • no employment other than working for the business or businesses that you have established, joined or taken over, but working for such business(es) does not include any work you do which is effectively employment with another business;
  • no employment as a professional sportsperson (including as a sports coach); and
  • study subject to getting ATAS certificate, where required by the Rules.

Can I sponsor my dependants to stay with me to the UK?

You can sponsor your dependants (spouse/partner and children under the age of 18) to stay with you in the UK as your dependants.

What is the points based criteria for switching into Tier 1 Entrepreneur Visa from inside the UK?

Tier 1 Entrepreneur visa is a Points Based visa category and points can be awarded for the Attributes Section, English language and funds for maintenance. A Tier 1 Entrepreneur migrant should score 95 points in total to qualify for switching into Tier 1 Entrepreneur visa. The breakdown of the required points for switching into Tier 1 Entrepreneur visa is given in the table below:

Criterion Points
The applicant must demonstrate that they have access to funds of at least £50,000 which is available to them or their business. 25
The applicant’s money is held in one or more regulated financial institution 25
The applicant’s money is disposable in the UK. If the applicant is applying for leave to remain the money must be held in the UK. 25
Funds for maintenance 10
English language 10
Total Points 95

Do I need a business plan to apply for switching into Tier 1 Entrepreneur visa?

If the applicant is making an initial application for switching into Tier 1 Entrepreneur visa, they must provide a business plan, setting out their proposed business activities in the UK and how they expect to make their business succeed.

FAQs - Tier 1 Entrepreneur Visa Extension

What are the useful online sources for information about Tier 1 Entrepreneur visa extension?

Following are the useful online sources of information relating to Tier 1 Entrepreneur visa extension:

Home Office UKVI Guidance On Tier 1 Entrepreneur Visa Extension

The Home Office UKVI guidance on application for Tier 1 Entrepreneur visa extension is a useful source of information for applicants who are considering to apply for UK Tier 1 Entrepreneur visa extension.

gov.uk logo

245DD. Requirements For Leave To Remain

Paragraph 245DD in part 6A of the Immigration Rules lays down the requirements an applicant has to meet for extension of Tier 1 Entrepreneur visa.

gov.uk logo

OANDA Currency Coverter

OANDA Currency Coverter is the Home Officer UKVI approved currency converter to convert foreign currency to Great Britain Pounds (GBP).

Can I apply for Tier 1 Entrepreneur visa extension from outside the UK.

Yes, you can apply for extension/renewal of your Tier 1 Entrepreneur visa from outside the UK by making an application for entry clearance. An application for extension of Tier 1 Entrepreneur visa from outside the UK can be made using Priority Service which can be decided by the Home Office UKVI within 5 working days.

What is the processing time of Tier 1 Entrepreneur visa extension application?

Standard Service

An application for Tier 1 Entrepreneur visa extension made from inside the UK using standard service is normally granted within 8 weeks. If your application is complicated, it may take longer.

Priority Service

If you apply for extension of your application from outside the UK through an entry clearance application, you may be able to use the Priority Service. If the Prioirty Service is available in the country you’re applying from you can choose the ‘priority service’ when you apply. There will be an additional cost for this service. A decision will be made within 5 working days of your appointment at the visa application centre.

Check with your visa application centre to see if the priority visa service is available in the country you’re applying from. The priority visa service is available in most countries.

You might wait longer for a decision if your application is not straightforward and more information is required before a decision is made. If your application is delayed, you will be informed by the Entry Clearance Officer (ECO) within the standard timescales for your visa.

What are the eligibility requirements for Tier 1 Entrepreneur visa extension?

You can apply to extend or renew your Tier 1 Entrepreneur visa if you:

  • registered as a director or as self-employed no more than 6 months after the date you were given permission to stay in the UK under a Tier 1 (Entrepreneur) visa
  • can prove you’ve been self-employed, a member of a partnership or working as a director of a business 3 months before you apply
  • created at least 2 full time jobs that have existed for at least 12 months
  • can continue to support yourself

You must also have invested into 1 or more UK businesses either:

  • £200,000 in cash
  • £50,000 in cash

The amount of investment depends on the level of funds your initial application was based on.

What is the deadline to apply for extension/renewal of Tier 1 Entrepreneur visa?

Existing Tier 1 (Entrepreneur) migrants can submit applications to extend their stay before 6 April 2023. If you switched from Tier 1 (Graduate Entrepreneur) to Tier 1 Entrepreneur visa, you can extend your Tier 1 Entrepreneur visa before 6 July 2025.

Can my dependants apply for their extension at the same time when I apply extension of my Tier 1 Entrepreneur visa?

If you have dependants in the UK on Tier 1 Entrepreneur dependant visa, you can include your dependants in your extension application so that you and your dependants are granted extension of stay at same time.

What is the points based criteria for Tier 1 Entrepreneur visa extension?

Tier 1 Entrepreneur visa is a Points Based visa category and points can be awarded for the Attributes Section, English language and funds for maintenance. A Tier 1 Entrepreneur migrant should score 95 points in total to qualify for extension of Tier 1 Entrepreneur visa. The breakdown of the required points for Tier 1 Entrepreneur visa extension is given in the table below:

Criterion Points
The applicant has invested, or had invested on their behalf, not less than £200,000 (or £50,000 if, in their last grant of leave, they were awarded points for funds of £50,000) in cash directly into one or more businesses in the UK. 20

Within 6 months of entry clearance, leave to enter or leave to remain as Tier 1 Entrepreneur, the applicant has registered with:

  • HM Revenue and Customs (HMRC) as self-employed
  • Companies House as a director of a new or an existing company or a member of a new or existing partnership
20

On a date no earlier than 3 months before the date of application, the applicant was registered with:

  • HMRC as self-employed
  • Companies House as a director of a new or an existing company or member of a new or an existing partnership
15

The applicant has:

  • established a new business or businesses that has or have created the equivalent of at least 2 new full-time jobs for persons settled in the UK
  • taken over or joined an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least 2 new full-time jobs

The jobs must have existed for at least 12 months of the period for which the most recent leave was granted or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application.

20
Funds for maintenance 10
English language 10
Total Points

 

How many jobs do I have to create for extension of my Tier 1 Entreprneur visa?

To succeed in an application for Tier 1 Entrepreneur visa extension, the applicant must show that he has created at least 2 new jobs. If the applicant established a new business or businesses or invested in an existing business, they must have created the equivalent of 2 extra full-time paid jobs for at least 2 people who are settled in the UK. Each job must have existed for at least 12 months. Both team members of an entrepreneurial team can use the same evidence for creating employment.

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year), providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period). The jobs need not exist at the date of application, provided they have existed for 12 months.

The jobs must comply with the UK regulations, including the working time directive. The Home Office defines full-time as a 30-hour working week.

What is meant by "the equivalent of" a full time job?

“The equivalent of” a full time job means two or more part time jobs which add up to 30 hours a week will count as one full time job, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job.

FAQs - ILR Tier 1 Entrepreneur

What are the useful online sources for information about ILR as Tier 1 Entrepreneur?

Following are the useful online sources of information for Indefinite Leave to Remain (ILR) as Tier 1 Entrepreneur:

Home Office UKVI Guidance On ILR As Tier 1 Entrepreneur

The Home Office UKVI guidance on Tier 1 Entrepreneur visa is a useful source of information for applicants who are considering to apply for ILR as Tier 1 Entrepreneur.

gov.uk logo

245F. Requirements For Indefinite Leave To Remain (ILR)

Paragraph 245DF in part 6A of the Immigration Rules lays down the requirements an applicant has to meet for ILR as a Tier 1 Entrepreneur.

gov.uk logo

OANDA Currency Coverter

OANDA Currency Coverter is the Home Officer UKVI approved currency converter to convert foreign currency to Great Britain Pounds (GBP).

Can I apply for ILR as Tier 1 Entrepreneur from outside the UK?

No, you cannot apply for ILR as Tier 1 Entrepreneur from outside the UK and an ILR application application can only be made from inside the UK.

What is the processing time of ILR application as Tier 1 Entrepreneur?

An application for ILR as Tier 1 Entrepreneur can only be made using a standard service under which an application for ILR as Tier 1 Entrepreneur is normally decided within 3 to 6 months. If your application is complicated, it may take longer.

What are the eligibility requirements for ILR as Tier 1 Entrepreneur?

You can apply Indefinite Leave to Remain (ILR) as Tier 1 Entrepreneur Migrant if:

  • You currently have a Tier 1 (Entrepreneur) visa
  • You must have created 2 jobs during your last grant of leave (10 jobs if you are applying under the accelerated route to settlement)
  • You must be a genuine entrepreneur
  • you’ve been living in the UK for 5 years, (or 3 years if are applying under the accelerated route to settlement)
  • You must not have been absent from the UK for more than 180 days in any 12 months
  • You must have passed the Life in the UK test
  • You must meet the English language requirement
  • Your application must not fall for refusal under the general grounds for refusal
  • You must mut not be in breach of UK immigration laws except where paragraph 39E of the Immigration Rules applies

What is the deadline to apply for ILR as Tier 1 Entrepreneur?

Existing Tier 1 Entrepreneur applicants can apply for ILR as Tier 1 Entrepreneur before 6 April 2025. However, Tier 1 Entrepreneur Migrant who switched from Tier 1 Graduate Entrepreneur can apply for ILR as Tier 1 Entrepreneur Migrant before 6 July 2027.

What is the points based criteria for ILR as a Tier 1 Entrepreneur?

Tier 1 Entrepreneur visa is a Points Based visa category and points can be awarded for the Attributes Section for the grant of ILR to the Tier 1 Entrepreneur Migrant. A Tier 1 Entrepreneur migrant should score 75 points in total from Attributes Section to qualify for ILR as a Tier 1 Entrepreneur. The breakdown of the required points for Tier 1 Entrepreneur ILR application is given in the table below:

Criterion Points

The applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if, in his last grant of leave, he was awarded points for funds of £50,000) in cash directly into one or more businesses in the UK.

The applicant will not need to provide evidence of this investment if they were awarded points for it in their previous grant of entry clearance or leave to remain as a Tier 1 (Entrepreneur) migrant (this includes the evidence to demonstrate that the investment was in a UK business).

20

On a date no earlier than 3 months before the date of application, the applicant was registered with:

  • HMRC as self-employed
  • Companies House as a director of a new or an existing company or member of a new or an existing partnership
20

The applicant has:

  • established a new business or businesses that has or have created the equivalent of at least 2 new full-time jobs for persons settled in the UK
  • taken over or joined an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least 2 new full-time jobs

The jobs must have existed for at least 12 months of the period for which the most recent leave was granted or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application.

20

The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified period must have been spent with leave as a Tier 1 (Entrepreneur) migrant. The specified continuous period is:

  • 3 years, if the number of new full-time jobs created is at least 10
  • 3 years, if the applicant has:
    • established a new UK business with an income from business activity of at least £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant
    • taken over or invested in an existing UK business and their services or investment have resulted in a net increase in income from business activity to that business of £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant, when compared to the immediate preceding 3 year period
  • 5 years in all other cases
15
Total Points 75

 

How many jobs do I have to create for ILR as Tier 1 Entreprneur?

To succeed in an application for ILR as Tier 1 Entrepreneur, the applicant must show that he has created at least 2 new jobs. If the applicant established a new business or businesses or invested in an existing business, they must have created the equivalent of 2 extra full-time paid jobs for at least 2 people who are settled in the UK. Each job must have existed for at least 12 months. where the applicant is applying for ILR as a part of an Entrepreneurial Team, both team members can use the same evidence for creating employment.

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year), providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period). The jobs need not exist at the date of application, provided they have existed for 12 months.

The jobs must comply with the UK regulations, including the working time directive. The Home Office defines full-time as a 30-hour working week.

What is meant by "the equivalent of" a full time job?

“The equivalent of” a full time job means two or more part time jobs which add up to 30 hours a week will count as one full time job, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job.

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