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Summary of the government’s Statement of Changes to the Immigration Rules, published on 7 March 2019, including changes affecting Tier 2, Tier 4 and Tier 1 as well as the EU Settlement Scheme. Employers are advised in particular to note the increase to Tier 2 minimum salary thresholds and amendments to the rule on Tier 4 to Tier 2 switching.

Tier 2 visas

Increased have been made to the minimum salary levels to be paid by sponsors to Tier 2 (General) visa holders under a number of Standard Occupational Classification (SOC) Codes.

Tier 2 (General) visa holders applying for settlement from within this category need earn a minimum salary of:

  • Applying before 6 April 2019: £35,500
  • Applying before 6 April 2020: £35,800
  • Applying before 6 April 2021: £36,200
  • Applying before 6 April 2022: £36,900
  • Applying before 6 April 2023: £38,800
  • Applying before 6 April 2024: £40,100

If an employer wishes to sponsor someone on or after 30 March 2019, it is important to check that the proposed salary meets any revised minimum salary requirement.

Nurses, medical radiographers, paramedics and secondary school teachers in mathematics, physics, chemistry, computer science and Mandarin continue to be exempt from the £30,000 minimum salary threshold. The exemption, which was due to end in July 2019, has been extended. With no indication of an expiry, this would appear to apply indefinitely.

Tier 4 Student Visas 

Tier 4 to Tier 2 switching

From 30thMarch 2019, eligible Tier 4 (General) visa students can now apply to switch into the Tier 2 category either once their course is completed or up to 3 months before their expected completion date of their course. This is a change from the previous rule requiring them to wait until completion of their course.

However, Tier 4 students must still wait until their course has been successfully completed before they can start employment with their Tier 2 sponsor.

Low risk nationalities

From 6thApril, the list of countries whose nationals benefit from lower documentary requirements when applying for a Tier 4 visa, so-called ‘low risk nationalities’, has been amended.

Brazil, Kazakhstan, Mauritius, Oman, Peru and Tunisia have been added to the list of countries whose citizens no longer have to submit all of the mandatory documents with their Tier 4 application.

Argentina, The Maldives and Trinidad and Tobago have been removed from this list.

In a further change, Tier 4 dependants looking to rely on the low risk nationality list will also need to be a national of a low risk country. The dependant and the Tier 4 student must also be applying at the same time and in the same location.

Study time limits

Study time limits have been clarified where Tier 4 leave was held before the student turned 18. From 6th April 2019, study time from before the Tier 4 student’s 18th birthday will not count towards the limit calculation.

Tier 4 (Child)

In the Tier 4 (Child) category, used by non-EEA nationals under the age of 18  to study at independent schools in the UK, funds for maintenance purposes can now be held or provided by the visa holder’s foster carer or close relative if a private foster care arrangement has been made.

EU Settlement Scheme

The EU Settlement Scheme fully opens from 30 March 2019.

UK-resident EU citizens and their family members wanting to safeguard their UK immigration status and to remain lawfully in the UK permanently after Brexit will need to apply for the status by December 2020.

The scheme is open to eligible citizens of EU countries, Norway, Iceland, Liechtenstein and Switzerland and their family members.

The application can be made via the app (Android phones) or online. This means it is possible to apply to the EU Settlement Scheme from outside the UK.

There is no fee to apply.

The ‘EU Settlement Scheme Family Permit’ is available for non-EEA national relatives of EU citizens granted settled status.

UK Start Up Visa

The Tier 1 (Graduate Entrepreneur) category is to be closed from 6th July 2019. It is being replaced by the ‘Start-up’ route, which opens 29th March. Students wishing to switch to the Tier 1 (Graduate Entrepreneur) category in the UK or make a new application from overseas must apply by 5 thJuly 2019.

The new route is aimed at non-EEA nationals looking to set up their first business in the UK. It is available to both graduates and non-graduates, and is hoped to encourage more foreign entrepreneurs to come to the UK and contribute to the British economy, with particular ambitions to accelerate growth in sectors such as tech.

As with its predecessor Tier 1 graduate entrepreneur visa, the start up visa requires endorsement of the applicant and the business idea from an approved endorsing body, including business organisations as well as universities.

UK Innovator Visa

Replacing the Tier 1 Entrepreneur visa, the new Innovator Visa is being introduced from 29th March 2019, aimed experienced business people.

Applicants will need a minimum of £50,000 available to invest in their business. They must secure endorsement from an authorised business body, who will assess the application against the visa criteria of innovation; viability; scalability. The applicant must also show their credibility and commitment to the venture – visa holders will only be permitted to work in the UK on the relevant business.

Leave under the innovator route will be granted for 3 years at a time, with no maximum time limit placed on visa holders under this category.

Tier 1 Investor visa

Tier 1 (Investor) visa

Investors applying under the Tier 1 (Investor) route must now provide evidence that the investment funds being relied on for the applicaton have neen held for a minimum period of two years. This is an increase from the previous 90-day rule.

Tier 1 Investor visa requires £2,000,000 or more into approved UK investments, such as government bonds, share capital or loan capital in active and trading UK registered companies.

Investor visa holders can also work, study or engage in business activities in the UK.

To apply for a Tier 1 Investor visa, applicants must be from outside the EEA and Switzerland, and show they have at least £2 million available to invest in specified UK investments. The investment funds must either belong to the applicant, their spouse or civil partner and they must be held in one or more regulated financial institutions and be available to be transferred to and invested in the UK. The source of funds must also be evidenced.

An initial Tier 1 Investor visa lasts for a total of 3 years and 4 months. Holders of the Tier 1 Investor visa may apply for a tier 1 investor visa extension to extend their stay for a further 2 years under Tier 1. Subsequent settlement options in the UK, including fast-tracked indefinite leave to remain, may also become available.

You will be required to collate and submit extensive documentation to evidence your investment activity during the course of your stay in the UK.

Do you have a question about changes to the immigration rules? 

Please contact us if you have a query about the UK immigration rule changes from March 2019 and April 2019. Our team of business immigration specialists are on hand to take your questions.

The post UK Immigration Rule Changes March 2019 appeared first on DavidsonMorris - Immigration Solicitors.

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The UK Start Up visa is open to non-EEA nationals looking to set up their first business in the UK. The application process is designed to assess both the applicant and their business idea against set criteria and the specific Start Up visa requirements.

UK Start Up Visa: General Requirements 

You will have to meet a number of general requirements. You must be a national of a non-EEA country and over 18 years of age. You also have to satisfy the English Language Requirement to Level B2 CEFR and show minimum maintenance funds of £945 for a consecutive period of at least 90 days. This level increases where dependants are applying.

In addition, under you must show you are eligible under the UK Immigration Rules general grounds, eg you are of good character and have not previously previously breached UK immigration rules.

Applications will usually be made from outside the UK. However, it may be possible to switch to the UK Start Up Visa from within the UK, provided you have valid leave under one of the following categories:

  • Tier 1 (Graduate Entrepreneur)
  • Tier 2
  • Tier 4 (General) (providing the applicant meets specific criteria)
  • Visitor carrying out permissible activities as a prospective entrepreneur, such as attending meetings to secure investment for the venture.

Applications can be made as an individual or as part of a team.

UK Start Up Visa: Securing Endorsement

The first stage of the process requires you to apply to an authorised body for endorsement of your application. The list of approved endorsing bodies includes 24 business endorsers from across industries and qualifying higher education institutions throughout the UK:

  • The Bakery
  • Seed Camp
  • Invest Northern Ireland
  • Zinc
  • Deep Science Ventures
  • Wayra
  • Ignite
  • Bethnal Green Ventures
  • Codebase
  • Capital Enterprise
  • Cylon
  • TechX
  • Seed Haus’
  • Med City
  • Scottish Edge
  • Royal Society Edinburgh
  • T ech Nation
  • NatWest Entrepreneur Accelerator
  • Royal Bank of Scotland Entrepreneur Accelerator
  • Ulster Bank Entrepreneur Accelerator
  • Set Squared Bristol
  • Set Squared Exeter
  • Set Squared Southampton
  • Set Squared Surrey

The endorsing body will assess each application against the UK Start Up visa requirements:

  • Viability – you have, or are developing, the skills, knowledge and experience and market awareness to successfully run the business.
  • Innovation – your business idea meets new or existing market needs and/or creates a competitive advantage.
  • Scalability – you must show the enterprise will bring wider economic advantage such as job creation and growth into international markets.
  • First-time entrepreneur – you will need to confirm you have not previously established a business in the UK, unless you are applying to switch from the Tier 1 (Graduate Entrepreneur) category.

You will need to develop and submit a business plan addressing each of the criteria.

To ensure your business proposal is comprehensive, other factors may also need to be addressed. For example, visa holders are not prohibited from undertaking work outside their business venture(s) but you must show you intend to spend the majority of your time under the visa on developing the enterprise. It is also worth noting that, while the criteria do not include a minimum investment threshold, it is likely that any new enterprise will require some level of capital to deliver against the criteria for scalability and viability.

Beyond the initial endorsement, the rules will require you to maintain regular contact with this organisation, specifically at the 6, 12 and 24 month stage of the visa period to ensure continued compliance with the requirements of the route.

UK Start Up Visa: Making your Home Office Application

If you are successful in being endorsed, you have 3 months from the date of endorsement to make the Home Office application for your visa. You cannot proceed with the Home Office visa application unless you have an endorsement letter in support of your application.

Following the rigorous assessment of the endorsement stage, the Home Office stage remains more than a formality. Additional requirements will need to be proven to pass this second stage.

First, you will need to show your genuine intention and capability to carry out the work as stated in your proposal and application. This will mean consideration of your education, qualifications and relevant experience. You will have to confirm that the maintenance funds relied on are genuinely available for use as stated in your application, and you will also be asked to confirm your intention to operate within the visa conditions and your immigration history will be examined. Finally,

You may also be asked to attend a visa interview. As this is a new route, it is not yet clear how likely this will be or on what basis the Home Office will select applicants for interview.

If you are granted a UK Start Up Visa

If your application is approved, you will be granted leave for 2 years. There is no scope to extend the visa or to apply to settle directly from the Start Up visa. To remain in the UK, visa holders will need to explore options to switch to a different visa category, the most obvious being the Innovator route. This will require planning to ensure applications are submitted in good time to allow for application to be processed, to avoid overstaying or having to leave the UK.

Do you have a question about the UK Start Up Visa requirements? We can help!

If you are considering your visa options to set up a new business venture in the UK, we can help with all aspects of the Start-Up route, including advice on meeting the requirements at the endorsement and visa stages, and developing a comprehensive business plan and supporting documentation.

At DavidsonMorris, we are extremely passionate about the contribution of foreign talent in shaping and growing the UK economy. We work with ambitious and aspiring entrepreneurs every day, providing advice and support throughout the endorsement and visa application process.

Please contact us for guidance on making an application for the Start Up visa.

The post Start Up Visa Requirements appeared first on DavidsonMorris - Immigration Solicitors.

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The UK Government has announced it is to embark on a UK immigration engagement programme during 2019. The announcement follows proposals published in December 2018 for reform of the UK immigration rules post-Brexit.

What can we expect from the immigration engagement programme? 

In its statement, the Home Office advised the programme would be used to listen to the views of multiple stakeholders, both in the UK and internationally, in shaping the UK’s future immigration system.

Stakeholders are to include private, public and voluntary sector employers and industry representatives, who will be engaged through a series of events, roundtables, forums and advisory groups to look at the technical detail that form the basis of policy development.

‘Advisory groups’ are being formed to bring together stakeholders suited to discussing the main policy areas, including: employers; education; crossing the border; vulnerability; national (representative organisations from England, Northern Ireland, Scotland and Wales). The groups will meet on a regular basis and explore in detail the contents of the proposals, policy, system design and implementation.

Employers or industry representatives interested in participating in these forums should contact their government sector lead.

What do we know so far about the immigration system reform? 

We know from the December 2018 White Paper that the government is planning to reform the current UK immigration rules by creating a single-stream system.

This will see the abolition of nationality-based preferences and eligibility criteria, to be replaced by skills-based requirements. It is a fundamental shift designed to align to the end of EU free movement, and would see EEA nationals and their family members become subject to the same visa eligibility assessments as non-EEA citizens when looking to enter and remain in the UK beyond visiting to work, study and live.

The new immigration system is to planned to be implemented via a phased approach from January 2021.

Is the engagement programme good news for UK employers? 

The Home Office refers to the programme as a ‘platform for discussion’ and to ‘gather views’ which could suggest the outcomes may hold less weight than those of an official government consultation.

Already UK employers from across industries have voiced concerns about the White Paper proposals. For example, sectors such as construction and health and social have expressed issues with applying skills-based criteria in industries suffering labour shortages for lower-skilled roles.

It is hoped the programme will be more than lip service to what are valid concerns affecting the future of many UK industries.

Preparing for immigration reform 

Employers should be looking now at how they can prepare their organisations and their workforce for an overhaul of the immigration rules.

As specialist business immigration solicitors, we offer advice and guidance to employers on how to approach changes in UK immigration rules, looking at recruitment and onboarding statues, policies and processes to avoid operational disruption and maintain competitive advantage through this period of unprecedented upheaval.

For help through the Brexit immigration changes affecting your business and workforce, contact us.

The post Government Launches UK Immigration System Engagement Programme appeared first on DavidsonMorris - Immigration Solicitors.

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British Naturalisation – Your Frequently Asked Questions 

Becoming a British citizen entitles you to vote, to apply for a British passport and to live and work in the UK free from immigration control. Unless you are British by descent, you will need to make an application to be granted British citizenship, by proving you are eligible for British naturalisation. Applications can be made by individuals who are married to a British citizen, or by individuals who meet certain criteria for naturalisation.

Given what is it stake – not least the application fee – it’s important for applicants to approach the process with an understanding of what the Home Office is looking in a successful application.

What do we mean by ‘British Naturalisation’?

British naturalisation allows non-British citizens to become British. For most migrants, the ultimate aim is to become a British citizen so that they can settle permanently and travel in and out of the UK with ease. The process of naturalisation is therefore the way in which you obtain the status of British citizenship.

How can you qualify for British citizenship?

There are two main routes to British naturalisation qualification; the 5 year route and the 3 year route.

The 5 year route for British Naturalisation 

Typically, in order to qualify under this route you will need to have been in the UK lawfully for 5 years and for one of those years you must have held the status of indefinite leave to remain (or Permanent Residence for EEA nationals and their family members).

As with all the immigration categories you will have previously been in, there are residence requirements that you must meet. You must:

  • have lived in the UK for at least 5 years before the date of your application
  • spent no more than 450 days outside the UK during those 5 years
  • spent no more than 90 days outside the UK in the last 12 months
  • been granted indefinite leave to remain or permanent residence and held this for at least 12 months, as mentioned above
  • not broken any immigration laws while in the UK

Note that EEA nationals will typically need to have spent 6 years in the UK in order to qualify for British naturalisation.

The 3 year route for British Naturalisation 

Alternatively, if you are the spouse or civil partner of a British citizen you will be eligible to apply after 3 years in the UK. The residence requirements are as follows:

  • have lived in the UK for at least 3 years before the date of your application
  • spent no more than 270 days outside the UK during those 3 years
  • spent no more than 90 days outside the UK in the last 12 months
  • been granted indefinite leave to remain or permanent residence
  • not broken any immigration laws while in the UK
What other requirements are there?

No matter which route you qualify under, there are additional, mandatory requirements on applicants. You must:

  • be over 18 (there are separate provisions for children)
  • be considered to be of good character – this is a hugely complex area, and the ground cited in the majority of citizenship refusals
  • have met the knowledge of English language and life in the UK – this is a two part test that involves you passing the Life in the UK test and meeting the English language requirement as a separate limb
  • be of sound mind. This means you must be capable of making decisions for yourself
What date can you apply?

It is often forgotten, but it is extremely important that you submit your application of a day when you were physically present in the UK at the beginning of the five year period. This means that if your application is submitted on, say, 1 August 2015, you must actually have been in the UK on 1 August 2010 or 2012 for spouses and civil partners.

Travelling whilst the application is under consideration

You are allowed to travel whilst your application has been submitted.

Previously, certified copies of your passport and BRP were accepted. Now you are required to submit your original BRP with the application which of course inhibits travel. The up side to this is that you are able to request your BRP back from the Home Office in order to travel.

It is important to stay in contact with your legal representative whilst you are travelling as you may be required to attend an interview before the application is submitted.

As well as that, your application might be approved and you will have a limited time in order to arrange your citizenship ceremony.

Completing the application form

For many people completing the application form can be challenging. There are a number of questions, designed to determine your intentions and assess your suitability for British naturalisation.

Absences

The first hurdle that we reach is the section titled Residence Requirements where you are required to detail your absences from the UK in the past 3 or 5 years depending on which route you qualify under.

You are expected to insert:

  • the dates that you left the UK
  • the date your returned
  • where you went
  • your reason for going there; and
  • how many days you were absent

It is the last column, how many days absent, that tends to prove a problem.

It is important to note that when calculating the number of days absent, the Home Office does not take into account days that were spent travelling.

Example: You travelled to the Bahamas for a holiday on the 1 May 2012 and returned on 15 May 2012. The total number of days absent would be 13, not 15. Similarly if you went to France for the day i.e. travelled on 23 March 2013 and came back the same day, or even the 24 March 2013, this would count as 0 days absent. You will still need to list the travel on the schedule.

Referees

This is an important part of the application form that must be completed correctly. This page requires you to get two people, who have known you for at least 3 years. One of those people must be a person of any nationality with a professional standing e.g. accountant, police officer, chemist etc.

The other person must normally be a British citizen with a British citizen passport and either be a professional person or be aged over 25.

Both referees must sign and complete the same page with a passport picture of you attached. You cannot use two separate pages.

Supporting Documents

It is essential that you submit the right documents with your application. Failure to do so will result in a refusal.

The very basis of the application is proving your residence in the UK for the last 3 or 5 years (or 6 years for EEA nationals). Therefore it is essential that you document your presence in the UK. How else will the Home Office know what you’ve been doing for the past few years if you do not show them? This includes showing your economic activity, any studying you have done etc.

If you’re applying on the basis of your marriage/civil partnership with a British citizen, it is vital that you produce evidence of your relationship i.e. your marriage certificate.

British naturalisation – How we can help

At DavidsonMorris we have the experience to advise you on the most appropriate type of application for your individual circumstances and have the insight to make the British naturalisation application process as smooth as possible.

As a team of immigration lawyers and former Home Office employees, we have an established reputation for effective and efficient management and processing of British citizenship and British naturalisation applications.

The post British Naturalisation – FAQs appeared first on DavidsonMorris - Immigration Solicitors.

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This article was first published in June 2018.

In June 2018, the UK Government announced plans to introduce a new UK Start Up Visa from Spring 2019.

This is hugely positive news for the UK.

To remain globally competitive and to achieve growth potential in core sectors such as tech, Britain has to be in a position where we are welcoming foreign talent, their ideas, investment and contribution. But current UK immigration rules simply don’t support this.

A new and well-aligned visa scheme is exactly what’s needed to make the UK a more attractive and accessible destination for foreign talent and investment.

It’s a mature policy move on the part of the Government, and largely unexpected given its mandate to ‘clamp down’ on immigration (economic migration included) and its dogged approach to hitting that magic (arbitrary) level of 100,000 net migration.

But in this instance, it seems the Government has listened to UK business.

Why the UK needs the Start Up Visa

Under current rules, any non-EEA or Swiss national wanting to set up a business in the UK will be required to apply to the Home Office under the Tier 1 route for permission to enter and remain in the UK to carry out the permitted activity. Tier 1 comprises a number of different visas, with different eligiblity criteria and carrying different visa conditions:

The number of Tier 1 applications shows there is a clear appetite among foreign business people to set up in the UK. In the first quarter of 2017, a record number of investor visa applications were made and with recent figures showing the dominance of London in European tech – we remain a hub. Brexit does not seem to be dampening UK prospects among talented and wealthy individuals.

Tier 1 visas are however extremely limited in their eligibility, and refusal rates are notoriously high; 42% of Tier 1 Entrepreneur applications are refused, for many reasons we have discussed previously. Of note however is that this is the highest refusal rate of any UK visa category outside of asylum applications.

As such, many individuals who could potentially make a valuable contribution to the UK economy through their enterprises are precluded from being granted a visa to set up in the UK, falling foul of current Home Office decision-making protocol and arbitrary criteria.

Add to this figure those individuals who decide not to incur the expense and effort of making the Tier 1 application through concern of an eventual refusal.

This is where the Start Up visa needs to step in – opening up the opportunity to set up in the UK to a broader range of applicants – including non-graduates – where they meet the requirements of setting up a viable business.

What will the new UK Start Up visa look like?

Under current proposals, the Start Up Visa will be available to individuals who want to set up business in the UK, whether or not they have a university degree.

The new visa is being designed to encourage more foreign entrepreneurs to come to the UK and contribute to the British economy, with particular ambitions to accelerate growth in sectors such as tech.

We expect the new Start Up Visa to operate along the same lines as the Tier 1 Exceptional Talent scheme, which is hugely popular – particularly in tech.

As with the Tier 1 graduate entrepreneur visa, the Start Up Visa will require endorsement, but the list of approved endorsers is being broadened to include business sponsors, as well as universities.

Applications are likely to centre on the credibility of the individual applicant and their business idea. This is an important distinction, as under present rules, it is the Home Office case worker who decides if a Tier 1 Entrepreneur applicant has what it takes to make their business idea work – which has long been a source of criticism of this route.

The benefit of this new visa is that decision-making for the business viability requirement will be addressed by qualified, experienced and more appropriate parties – ‘business sponsors such as accelerators’, according to the Government announcement. By placing the business viability decision-making within industry, the Government is clearly acknowledging that case workers and civil servants are not best placed to make this assessment effectively.

As a result, Home Office decision-making is expected to become ‘faster and smoother’ with the business viability requirement being taken away from case workers to be dealt under the preliminary endorsement stage.

Will the UK Start Up Visa ‘open the floodgates’?

The introduction of any new visa route is usually accompanied by grumbles over potential misuse and abuse.

From experience however, this rarely happens.

All applications for the new visa will remain subject to Home Office scrutiny in respect of each applicant’s immigration history, good character, source of funds etc. The safety net will remain in place, and any concerns should not detract from what we expect will be a hugely positive step forward for the UK economy.

Do you have a question about the UK Start Up Visa? We can help!

Further details of the new Start-Up route have since been released in advance of it opening on the 29th March 2019.

If you have a business idea or are looking to invest in an existing UK business, please contact us to discuss your eligibility and the options available to secure a UK business visa.

At DavidsonMorris, we work with foreign entrepreneurs and investors every day. We are extremely passionate about the contribution of foreign talent and its role in shaping and growing the UK economy.

The UK Start Up Visa needs to be a key enabler for growth and identity as we assert our global proposition as a hub of innovation.

The post New UK Start Up Visa Announced appeared first on DavidsonMorris - Immigration Solicitors.

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Among the requirements when hiring a Tier 2 visa employee, the minimum salary threshold is often one of the more complicated for employers to deal with.

Varying rules for different classes of worker and different types of role create considerable margin for error. Getting it wrong can have serious consequences for sponsor licence holders, potentially affecting the lawful status of the visa holder to work in the UK and resulting in Home Office punitive action against the employer.

Exacerbating the compliance risk is the changing level of the salary thresholds. The government reviews and alters levels and exemptions, and employers have to keep pace.

What is the Tier 2 Minimum Salary?

In general terms, every PBS worker must be paid the relevant minimum salary amount or more, to be eligible under the Tier 2 visa requirements.

The salary level is to be the greater of either the level set by the relevant SOC code for their particular role or the overall minimum salary applicable to their circumstances.

This requires the employer to ensure they have first selected the correct and appropriate SOC code to match the role being recruited for.

The Standard Occupational Classification (SOC) code is used to assess the correct skill level and appropriate salary level for specific job roles. Employers are required to select the SOC code that most closely matches the job description they are looking to sponsor a migrant worker for.

With the relevant SoC code selected, the employer can then assign the relevant Certificate of Sponsorship (CoS). Failure to meet the appropriate salary level will mean the sponsor is not permitted to issue the CoS.

Tier 2 Minimum Salary for new entrants or experienced workers?  

Workers who fall under the ‘new entrant’ category are subject to a lower Tier 2 minimum salary level.

To be classed as a new entrant, the worker must:

  • be switching from Tier 4 (General) from within the UK, ie after finishing their course; or
  • be applying for leave under the Tier 2 (ICT) Graduate Trainee sub-category; or
  • be under the age of 26 on the date that they make their application.

An application can only be made if it brings their total time in the UK, including the Tier 2 status, to be no longer than 3 years and one month. They also cannot be applying for ILR.

Workers who do not meet these requirements will come under the experienced worker category.

Tier 2 Minimum Salary: Tier 2 General visa holders

Two levels of threshol apply under the General route. £20,800 applies to new entrants or stipulated exemptions. All other roles must pay at least £30,000 per annum, unless a higher rate is specified under the relevant SOC code, in which case the higher rate prevails.

Tier 2 Minimum Salary: ICT visa holders

Intracompany transfers of Tier 2 workers require a higher minimum salary than under the General route.

A minimum salary of £41,500 must be paid, unless a higher rate for experienced workers is set under the relevant SOC code.

Tier 2 (ICT) Graduate Trainees must be paid the greater of either £23,000 per annum minimum, or the new entrant rate for the relevant SOC code.

Tier 2 Minimum Salary: Applying for ILR

New guidelines have been issued in respect of Tier 2 visa holders applying to settle in the UK through Indefinite Leave to Remain.

For Tier 2 workers who have held leave under the Tier 2 (General) category for five years can apply for settlement where they meet the ILR requirements, which includes a minimum salary level. Individuals with a role on the Shortage Occupation List or skilled to PhD level are exempt from the ILR minimum salary requirement.

The thresholds have been set to increase annually as follows:

  • ILR applications made before 6 April 2019: £35,500
  • ILR applications made before 6 April 2020: £35,800
  • ILR applications made before 6 April 2021: £36,200
  • ILR applications made before 6 April 2022: £36,900
  • ILR applications made on or after 6 April 2022: £37,900
Changes to the Tier 2 Visa Minimum Salary

The government continues to make changes to the Tier 2 minimum salary threshold.

Most recently, the Home Office has confirmed the temporary exemption of non-EEA secondary STEM and mandarin teachers and nurses, paramedics, medical radiographers from the £30,000 salary threshold is to be made permanent. With effect from 30th March 2019, these roles will have to meet the lower £20,800 per annum minimum to be Tier 2 eligible.

Looking further ahead, the Tier 2 visa minimum salary requirement was one of the areas identified for review by the MAC in its 2018 Brexit impact report. Government proposals for reform of the UK immigration system post-Brexit have mooted a threshold of £30,000 for the skilled worker route. This has been met with widespread criticism from across the UK economy, with concerns this level is too high and potentially excludes swathes of skilled worker roles, in particular those based in the UK regions.

Do you have a question about the Tier 2 visa minimum salary?

It is for each sponsor licence holder to check the salary status of the role in question or risk refusal of the application or compliance issues with the Home Office.

One area of particular risk to consider when determining the salary level will be working hours and patterns. The prescribed salary levels are generally based on a 39-hour working week. As such, employers will need to take care when calculating the annual salary in respect of part-time or shift workers and avoid non-compliant practices such as including overtime pay. Contracted weekly hours or hourly rate pay must be pro-rated for the hours you are sponsoring the migrant to work.

DavidsonMorris are specialist UK immigration solicitors, working with UK employers to advise on all aspects of the Tier 2 visa sponsorship licence including minimum salary thresholds.

For advice about your Tier 2 visa sponsor licence or hiring Tier 2 workers, contact us.

The post Tier 2 Minimum Salary (Employer Guidance) appeared first on DavidsonMorris - Immigration Solicitors.

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What is the new Innovator Visa UK? 

The government has confirmed that as of 29 March 2019, the Tier 1 Entrepreneur visa route will be closed to new applications. The Entrepreneur visa is to be replaced by the new Innovator Visa.

For individuals looking to pursue their business idea in the UK, we offer some initial innovator visa guidance on the new route for entrepreneurs.

What is the Innovator route?

The innovator visa is to be aimed at those who can demonstrate relevant experience in business. The key criteria will be:

  1. Endorsement by a relevant business sponsor. Applicants will be required to apply for and secure endorsement by a business sponsor, who will assess applicants’ business ideas for their innovation, viability and scalability. Regular contact is to be maintained with the endorsing body at the 6, 12 and 24 month marks.
  2. £50,000 investment in the business from any legitimate source, reduced from £200,000 for most applicants in the current Tier 1 (Entrepreneur) category). This investment is waived if the applicant is switching from the Start-Up visa.
  3. Satisfy the English language requirement, to Level B2.

There is no maximum time limit placed on applicants to remain in the UK under this category, but endorsement will be required at the extension and settlement stages.

The application fee for the new route has been set at the same rate as the entrepreneur visa.

Note that the new route is not a reintroduction of the old Innovator Visa, which was closed in 2008.

Will settlement be possible under the Innovator route?

The category may also lead to settlement after 3 years’ continuous UK residence, provided a minimum of two of the following conditions are met:

  • At least £50,000 has been invested and spent in the business
  • The business has created at least 10 full time jobs for resident workers
  • The business has created the equivalent of at least 5 full time jobs for resident workers paying at least £25,000
  • The business has generated gross revenue of at least £1 million
  • The number of the business’ customers has at least doubled in the 3 years and is higher than the mean number of customers for other UK businesses offering comparable main products or services
  • The business has engaged in significant research and development activity and has applied for intellectual property protection in the UK
  • The business is generating at least £500,000 in revenue with at least £100,000 from exporting overseas
Innovator visa guidance: What are the endorsement criteria?

As yet, the finer details of the application process and full eligibility criteria are yet to be announced. Endorsement is to be sought from a relevant body, expected to include UK higher education institutions which meet specific requirements, and organisations with a proven track record of supporting UK entrepreneurs that are approved by the Home Office.

Applicants will however be expected to create a business plan when applying for endorsement, and provide along with other relevant supporting documentation to evidence that you satisfy the following innovator route requirements:

Innovation
Originality will be the critical factor. The business plan is to demonstrate the product, service and/or its promotion is genuinely innovative, inventive and original and that it new or existing market needs and/or creates a competitive advantage.

Viability
Applicants will need to show they bring more than a great idea to the table. They must themselves possess and evidence the necessary skills, knowledge, experience and market awareness to successfully run the business. Further, the business itself must be able to show it can maintain cash flow until profitability.

Scalability
A key determinant will be potential contribution to the UK economy in the form of job creation and planning for growth into national and international markets. This is likely to be more challenging for start ups, where projections will need to be relied on.

Commitment
The endorsing organisation must also be reasonably satisfied that the applicant will spend their entire working time in the UK on developing the business venture and the innovator may not work for another business.

How will the innovator route differ from the existing entrepreneur visa?

The new scheme is clearly looking to address concerns previously that entrepreneur visa application processing is too subjective and dependant on the assessment of the Home Office caseworker, as raised by the MAC in its review of the Tier 1 route.

By requiring applicants to secure endorsement prior to making their application to the Home Office, it is hoped the new visa will offer a more objective evaluation of the viability of the business idea.

In a further reform, the investment amount has been significantly reduced, rom £200,000 under the old entrepreneur visa route to £50,000 under the new innovation route. A smaller capital requirement should open up the route to a wider pool of candidates and shift the focus of the application on the merit and potential for the business idea to be successful.

Interestingly, the funding requirement will be waived for those switching from the new Start-up scheme, who have made significant achievements against their business plans.

What does this mean for entrepreneurs looking to set up business in the UK?

Many entrepreneurs are now asking if they should push forward with an application under the existing route, or wait until the new scheme comes into force.

Your options will depend on your circumstances. Applicants who have been considering making an application for some time and who have already started to build their submission, it may make sense to submit your application as soon as possible, before the current route closes. Extension applications for Tier 1 (Entrepreneur) migrants will remain open until 5 April 2023, and settlement applications until 5 April 2025.

On the other hand, for people who are new to the scheme and particularly those who want to set up their own business, it may well be that the new (less subjective) rules are beneficial. As such, it may be prudent to hold off until the new route goes live.

Taking advice on your circumstances will help you understand which course of action best meets your needs and improves your prospects of making a successful application.

Applicants should also note that across the board, the Home Office is heavily scrutinising supporting documentation in respect of business visa applications. Evidencing source and ownership of funds will be critical.

Speak to our UK business visa specialists for Innovator Visa Guidance

DavidsonMorris are recognised experts in recognised in the Legal 500 UK for our expertise in advising entrepreneurs and investors to pursue their business goals in the UK.

During this period of change in UK immigration rules, it is increasingly challenging for applicants to understand their visa options and ensure they are working to current eligibility and decision-making criteria.

Before making an application under the innovator route, take professional legal advice to ensure you have selected the most appropriate route, and for guidance on how to meet Home Office requirements and make a successful application.

DavidsonMorris specialise in business visa applications. We work with applicants from across the world seeking to enter or remain in the UK by establishing, investing in or taking over a business here.

We provide advice from the initial stages of the Home Office application process, advising on eligibility and suitability of the relevant route and visa options for any dependants, through to detailed support with compiling your supporting evidence and business plan, completing the application form and guidance on visa interviews.

If you have any questions relating to your application, please contact us.

The post Innovator Visa Guidance – The New Route for Entrepreneurs appeared first on DavidsonMorris - Immigration Solicitors.

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What is the new Innovator Visa UK? 

The government has confirmed that as of 29 March 2019, the Tier 1 Entrepreneur visa route will be closed to new applications. The Entrepreneur visa is to be replaced by the new Innovator Visa in the Spring 2019.

What is the Innovator route?

The innovator visa is to be aimed at those who can demonstrate relevant experience in business. The key criteria will be:

  1. Endorsement by a relevant business sponsor. Applicants will be required to apply for and secure endorsement by a business sponsor, who will assess applicants’ business ideas for their innovation, viability and scalability
  2. £50,000 to invest in the business from any legitimate source. reduced from £200,000 for most applicants in the current Tier 1 (Entrepreneur) category).

The category may also lead to settlement in the UK.

Note that the new route is not a reintroduction of the old Innovator Visa, which was closed in 2008.

What are the endorsement criteria?

As yet, the finer details of the application process and full eligibility criteria are yet to be announced. Endorsement is to be sought from a relevant body, which will include UK higher education institutions which meet specific requirements, and organisations with a proven track record of supporting UK entrepreneurs that are approved by the Home Office.

Applicants will however be expected to create a business plan when applying for endorsement, and provide along with other relevant supporting documentation to evidence that you satisfy the following innovator route requirements:

Innovation
Originality will be the critical factor. The business plan is to demonstrate the product, service and/or its promotion is genuinely innovative, inventive and original and that it new or existing market needs and/or creates a competitive advantage.

Viability
Applicants will need to show they bring more than a great idea to the table. They must themselves possess and evidence the necessary skills, knowledge, experience and market awareness to successfully run the business. Further, the business itself must be able to show it can maintain cash flow until profitability.

Scalability
A key determinant will be potential contribution to the UK economy in the form of job creation and planning for growth into national and international markets. This is likely to be more challenging for start ups, where projections will need to be relied on.

Commitment
The endorser must also be “reasonably satisfied that the applicant will spend the majority of their working time in the UK on developing business ventures”.

How will the innovator route differ from the existing entrepreneur visa?

The new scheme is clearly looking to address concerns previously that entrepreneur visa application processing is too subjective and dependant on the assessment of the Home Office caseworker, as raised by the MAC in its review of the Tier 1 route.

By requiring applicants to secure endorsement prior to making their application to the Home Office, it is hoped the new visa will offer a more objective evaluation of the viability of the business idea.

In a further reform, the investment amount has been significantly reduced, rom £200,000 under the old entrepreneur visa route to £50,000 under the new innovation route. A smaller capital requirement should open up the route to a wider pool of candidates and shift the focus of the application on the merit and potential for the business idea to be successful.

Interestingly, the funding requirement will be waived for those switching from the new Start-up scheme, who have made significant achievements against their business plans.

What does this mean for entrepreneurs looking to set up business in the UK?

Many entrepreneurs are now asking if they should push forward with an application under the existing route, or wait until the new scheme comes into force.

Your options will depend on your circumstances. Applicants who have been considering making an application for some time and who have already started to build their submission, it may make sense to submit your application as soon as possible, before the current route closes. Extension applications for Tier 1 (Entrepreneur) migrants will remain open until 5 April 2023, and settlement applications until 5 April 2025.

On the other hand, for people who are new to the scheme and particularly those who want to set up their own business, it may well be that the new (less subjective) rules are beneficial. As such, it may be prudent to hold off until the new route goes live.

Taking advice on your circumstances will help you understand which course of action best meets your needs and improves your prospects of making a successful application.

Applicants should also note that across the board, the Home Office is heavily scrutinising supporting documentation in respect of business visa applications. Evidencing source and ownership of funds will be critical.

Our UK business visa specialists can help with your Home Office application

DavidsonMorris are recognised experts in recgonised in the Legal 500 UK for our expertise in advising entrepreneurs and investors to pursue their business goals in the UK.

During this period of change in UK immigration rules, it is increasingly challenging for applicants to understand their visa options and ensure they are working to current eligibility and decision-making criteria.

Before making a UK visa application, take professional legal advice to ensure you have selected the most appropriate route, and for guidance on how to meet Home Office requirements and make a successful application.

DavidsonMorris specialise in business visa applications. We work with applicants from across the world seeking to enter or remain in the UK by establishing, investing in or taking over a business here.

We provide advice from the initial stages of the Home Office application process, advising on eligibility and suitability of the relevant route and visa options for any dependants, through to detailed support with compiling your supporting evidence and business plan, completing the application form and guidance on visa interviews.

If you have any questions relating to your application, please contact us.

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If you are looking to hire foreign skilled workers from outside the European Economic Area (EEA) and Switzerland, as a UK employer you will first need to apply to the Home Office for a Tier 2 sponsorship licence.

This requires you to navigate the Home Office rules for eligibility and protocol for building and making your application. Issues or errors with a sponsor licence will result in a refusal – which can have serious implications for businesses needing to bring in talent from overseas.

We share some initial Tier 2 sponsor guidance for employers looking to apply for a UK sponsorship visa.

Tier 2 sponsor guidance: PBS licence categories

Tier 2 of the UK’s points based system (PBS) is the main visa category used to employ skilled non-EEA migrants in the UK. A sponsorship licence is effectively the permission granted by the Home Office to an employer to ‘sponsor’ qualifying skilled workers under the Tier 2 and Tier 5 routes.

Looking specifically at the Tier 2 category, there are four main types of worker that are eligible for sponsorship:

  • Tier 2 (General) – this category enables employers to recruit non-EEA nationals to fill jobs that cannot be filled by a suitably qualified or skilled settled worker. This includes workers coming to the UK to fill shortage occupations, ie; where there are not enough skilled workers in the domestic labour market to meet demand.
  • Tier 2 (Intra-Company Transfer) – this category enables employers to transfer existing employees who are non-EEA nationals to a UK branch.
  • Tier 2 (Sportsperson): this category enables elite athletes and coaches who are internationally established to be based in the UK.
  • Tier 2 (Minister of Religion): this category enables religious workers to undertake employment within a faith community in the UK.

You will need to state what type of licence it is you want to apply for ie if you will be hiring under Tier 2 and/or Tier 5. This requires a degree of forward-planning and alignment to your HR and recruitment strategies to ensure the licence will serve your effectively for its 4-year duration.

Tier 2 sponsor guidance: eligibility criteria

When making an application for a Tier 2 sponsorship licence, as a prospective licensed employer you must meet certain eligibility criteria. These include the following:

  • You are a genuine organisation operating lawfully in the UK
  • Your organisation is offering a genuine vacancy that meets the Tier 2 skill level and minimum appropriate rates of pay
  • Your organisation has adequate HR systems in place to meet your ongoing Tier 2 sponsorship duties and obligations
  • You have identified key personnel named on your Tier 2 licence application are suitable to undertake the necessary sponsorship duties.

Note that if your nominated personnel on your Tier 2 sponsorship licence application form have a history of immigration violations or any unspent criminal convictions, this could result in your application being denied.

In all cases, you will be required to provide documentary evidence to support your eligibility. The Home Office will also carry out online verification checks, or possibly even a site visit, to verify the suitability of your HR systems and key personnel, before granting you a sponsorship licence.

Tier 2 sponsor guidance: application process

An application for a Tier 2 sponsorship licence will need to be made online, with any supporting documentation submitted within five working days of the form being submitted. Typically, you will need to provide at least four supporting documents so as to verify your organisation, although the documentary requirements can vary depending on the nature of your organisation and the vacancies you are looking to fill.

In the event that you fail to provide the necessary documentation in support of your application, you risk your application being significantly delayed or denied.

Tier 2 sponsor guidance: application fee

The cost of applying for a Tier 2 sponsorship licence depends on the size of your organisation, and whether you sign up for the premium customer service scheme.

The fee for medium or large sponsors is currently £1,476 (as of April 2018), whilst the fee for small or charitable sponsors is set at £536.

The fee for the premium service can range rom £2,000 to £25,000, again depending on the size of your organisation and the length of time you sign up for.

Under the premium customer service scheme you will receive an enhanced level of support with your own dedicated account manager, who provides tailored advice and support.

In addition you will be liable to pay what’s known as the Immigration Skills Charge each time you sponsor a non-EEA migrant worker. This is currently set at £1,000 per employee per year (as of 2018), reduced to £364 for small or charitable organisations. This is on top of the fee required for every certificate of sponsorship that you assign under your licence.

Tier 2 sponsor licence guidance: resident labour market test 

You may also need to evidence that you have tried, without success, to hire for the role domestically. This requires you to have conducted the resident labour market test. Through the RLMT, you are looking to build documentary proof that the role being recruited for cannot be filled by a suitably qualified or skilled UK-settled worker.

Exemptions to the RLMT apply where:

• The job code is on UKVI’s shortage occupation list and the employee will be working at least 30 hours per week.
• The total annual salary package is above the current prevailing threshold (as at September 2018 – £159,600 per annum)
• An existing employee needs to extend their leave in the UK and continues to do the same job.
• The potential employee is applying for Tier 2 (General) leave in the UK and has, or was granted leave to enter or stay in the UK as a Tier 4 migrant or as a student and during their last grant of leave, or a continuous period of leave that includes their last grant of leave, they have received final results confirming they:
– have passed and will be (or have been) awarded a UK recognised bachelor’s or master’s degree,
– have finished a minimum of 12 months study in the UK towards a UK PhD.

Tier 2 sponsor guidance: certificates of sponsorship

If your application is successful you will be granted a Tier 2 sponsorship licence with an “A” licence rating. This will allow you to assign certificates of sponsorship to each foreign worker you employ. These are electronic documents, each containing a unique reference number.

This reference number is required for each individual to make their individual Tier 2 visa application to the Home Office for entry clearance.

Tier 2 sponsor guidance: sponsorship duties

As a licensed sponsor you agree to meet all of the duties and obligations associated with sponsoring a migrant.

In particular, you are under a duty to ensure compliance with the immigration rules and prevent abuse of the system. This includes the following:

  • keeping up-to-date records of all foreign workers
  • tracking and recording employee attendance
  • reporting certain employee activities, such as non-attendance or non-compliance
  • cooperating with the Home Office, such as during site visits
  • complying with the law, such as carrying out right to work checks on employees to ensure that they are entitled to be in the UK and undertake the work in question.

You will be given access to the Sponsor Management System (SMS) an online tool to be used to administer your day-to-day sponsor activities, such as assigning certificates of sponsorship. It will also allow you to report any changes in the circumstances – of an individual worker or organisational – to the Home Office. Failure to will be deemed a breach of your duties.

Any failure to comply with your duties could result in your licence rating being downgraded, or even your licence being suspended or revoked. If your licence rating is downgraded, you will be required to pay for an action plan at a cost of £1,476 to help you reinstate your “A” licence rating.

Are you looking for Tier 2 Sponsor Guidance? 

Sponsorship licence applications are at risk of refusal for errors and omissions that could be avoided with Tier 2 sponsor guidance. From ascertaining eligibility, through to advice on company structure, Tier 2 roles and salary levels and compiling your supporting documents, the Tier 2 sponsor licence specialists at DavidsonMorris can help.

We can also provide ongoing support to help ensure your organisation remains compliant with your duties under law and does not fall foul of Home Office scrutiny or penalties.

For advice with your Tier 2 visa sponsor licence, contact us.

The post Tier 2 Sponsor Guidance for Employers appeared first on DavidsonMorris - Immigration Solicitors.

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If you are a foreign national from a non-European Economic Area (EEA) country wanting to work in the UK, you will need to apply for a UK work visa. This is the official permission required, not only to enter and stay in the UK, but to be able to work in the UK lawfully.

Your right to work in the UK will primarily depend upon the type of work that you are planning to undertake. UK work visas are not currently available for casual or low-skilled employment.

Below we look at the different types of visa for skilled workers, the criteria that must be met and how to apply.

Types of UK Work Visa 

Tier 2 of the points based system is the primary immigration route for skilled workers from outside the EEA and Switzerland wanting to work in the UK.

There are four different categories of visa under Tier 2:

  • Tier 2 (General) – this enables skilled non-EEA migrant workers to accept an offer of a job by a licensed UK employer.
  • Tier 2 (Intra-Company Transfer) – this enables existing foreign employees of an international company or organisation to transfer overseas to a UK branch.
  • Tier 2 (Sportsperson): this enables elite athletes and coaches who are internationally established to be based in the UK.
  • Tier 2 (Minister of Religion): this enables religious workers to undertake employment within a faith community in the UK.

In most cases, as a non-EEA national looking to work in the UK, you must secure an offer of a job from a licensed UK employer who is prepared to sponsor you.

Below we look specifically at the criteria required to apply for a Tier 2 (General) visa, one of the most common types of visa for non-EEA skilled nationals.

Sponsorship criteria for a UK Work Visa

When applying for a Tier 2 (General) visa, any offer of a job to work in the UK must be from a licensed sponsor. A Tier 2 sponsor licence is the permission granted to a UK employer to sponsor a skilled foreign worker.

To ascertain whether or not an employer is licensed to sponsor you, you will need to refer to the Home Office Register of Sponsors Licensed Under the Points-Based System.

The list is regularly updated and currently shows over 29,000 UK employers who are registered as licensed to sponsor non-EEA workers.

Having secured the offer of a job from a licensed UK employer, your prospective employer will then need to provide you with a certificate of sponsorship. Your sponsor must carry out various checks to ensure that you are suitably qualified for the job in question before issuing the certificate.

The Tier 2 (General) visa only enables skilled non-EEA migrant workers to accept an offer of a job that cannot be filled by a suitably qualified or skilled settled worker. As such, your application will only be successful if the job you have been offered will not displace a UK based worker.

Unless a job is on the shortage occupation list, ie; where there are not enough workers in the domestic labour market to meet demand, the UK employer will be required to advertise any job offered to a non-EEA migrant worker. This is known as the resident labour market test.

This will also help to prove to the Home Office that a job is genuine and that there is a genuine requirement for the intended role.

Your certificate of sponsorship will need to confirm that the resident labour market test has been completed.

It is not sufficient to be offered any type of job, it must meet the Tier 2 skill and salary levels.

The required level of skill can vary depending on the nature of the job. Typically, however, the minimum salary requirement is at least £30,000 per annum, or the appropriate rate for the job that you have been offered, whichever is higher.

Your certificate of sponsorship will need to confirm that the job is at the required skill and pay level to comply with the Tier 2 (General) requirements.

Under the points based system, your eligibility for a Tier 2 (General) visa will also be determined by the following:

  • proof of your knowledge of English
  • proof of your personal savings.

The English language requirement

When applying for a Tier 2 (General) visa you will need to prove your knowledge of English. If you are a national of an English speaking country, eg, Canada or New Zealand, you will be exempt from this requirement.

Otherwise, you will either need to show that you have an academic qualification that was taught in English and is recognised as being equivalent to a UK bachelor’s degree, or you will need to take an approved English language test in reading writing, speaking and listening.

The maintenance requirement

You must also satisfy the Home Office of your ability to support yourself on arrival in the UK. You will need to provide documentary evidence from your bank or building society to show that you have had at least £945 in your bank account for a period of 90 days before you make your application.

Alternatively, you can ask your licensed sponsor to guarantee support that will meet this requirement, although this will need to be shown on your certificate of sponsorship.

How to apply for a UK Work Visa 

Having been assigned a certificate of sponsorship you will have a period of three months within which to submit your application for a Tier 2 (General) visa.

A certificate of sponsorship holds your personal details and information about the job that you have been offered. It is an electronic record and will include a unique reference number that will need to be included on your application form.

Your application will also need to be supported by various other documents or records, including a current passport or travel document, proof of your English language ability, as well as evidence of your ability to support yourself financially.

For those of you who will be undertaking work in the education, health and social care sectors you will need a criminal record certificate. You may also need tuberculosis test results if you are from a listed country.

As part of your application, you will be required to provide your biometric information. This includes a digital photograph of your face and a scan of your fingerprints.

This will enable you to obtain what’s known as a Biometric Residence Permit (BRP). A BRP is required if you plan to work in the UK for more than six months.

The Home Office will assess your application on the basis of how many points you have accumulated under the points based system for your category of visa.

Under Tier 2 (General) you must gain a minimum of 70 points. This is calculated as 50 points for attributes, 10 points for the English language requirement and 10 points under the maintenance requirement.

The 50 points for attributes comprises 30 points for a valid certificate of sponsorship from a licensed sponsor who has passed the resident labour market test, and 20 points for earning the appropriate salary.

The Home Office will also consider any general grounds for refusal, such as any relevant criminal history or previous immigration violations.

Please note that a valid certificate of sponsorship does not guarantee that your visa application will be successful. You must still meet all the necessary criteria under the points based system and not fall foul of any of the general grounds for refusal.

The post UK Work Visa appeared first on DavidsonMorris - Immigration Solicitors.

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