ICS Legal UK Visa and Immigration Advice

Eligibility for Tier 2 (UK Work Permits in the UK)

The section will explain whether you would eligible to apply for UK Work Permits in the UKunder this category. You should apply if you are over 16 years old, not a national of the European Economic Area (EEA) or Switzerland and wish to enter/remain in the UK under the Tier 2.

You should read the Immigration Rules to ensure that you are allowed to move into the category from the United Kingdom. There may be occasion where you may need to apply from outside the United Kingdom in the form of an entry clearance.

When the Home Office refer to sponsored students, this means the fees and livings costs are covered. You may have been sponsored by a government or international scholarship agency in the last 12 months in any of the following categories:

 student or Tier 4;
 student nurse;
 student re-sitting exams;
 student writing up a thesis; or
 postgraduate doctor or dentist.

If you are being sponsored now or your sponsorship ended in the 12 months before you apply, you must send the Home Office a letter from your sponsor, giving their permission for you to stay in or come back to the United Kingdom. If your sponsor does not give their permission, Home Offie will refuse your application.

The letter must be original, on official letter headed paper of the sponsor's organisation with the official stamp of the organisation, and written by an authorised official.

You do not have to apply under the points-based system if:

a) you are an EEA or Swiss national;

b) you are a British overseas territories citizen, unless you are from one of the sovereign base areas in Cyprus;

c) you are a Commonwealth citizen with permission to enter or stay in the United Kingdom because at least one of your grandparents was born here;

d) your spouse or civil partner, unmarried or same-sex partner, or (if you are under 18) one of your parents has permission to stay in the United Kingdom under the highly skilled worker category of the points-based system (although you should apply as a dependant); or

e) you have no conditions or time limit attached to your stay.

If you are a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia you will need to register under the Worker Registration Scheme when you take work in the United Kingdom, unless you are exempt.

If you are a national of Bulgaria or Romania you must not work until we have given you permission, unless you are exempt.

Applying for a Tier 2 Work Permit - Work Permits in London

To apply for the Tier 2 General (Tier 2 - UK Work Permits in the UK), it would depend where you are and what status you have in the United Kingdom. As explained earlier, some categories would not allow you to switch over. Those eligible (please read the eligibility section) to switch into the Tier 2 General category, should apply one month prior your leave expires.

If you make an application through the post for a Tier 2 (Work Permits in London), then the date of postage is used as the date of application. The date of an application made by post is decided by the postmark. The payment handling service attaches the original envelope with all postal applications. If the envelope in which the application was posted is missing, or if the postmark is illegible, the date of postage is taken as at least one day before its receipt. The day of receipt is normally the date the payment handling service processed the fee. If there is any uncertainty, you will be given the benefit of the doubt by the Home Office.

You can also use a courier to make the application, the Home Office will use the date it is received at the payment handling service is used as the date of application. The payment handling service attaches the original envelope with all postal applications. The payment handling service includes the date of delivery for all applications by courier.

You can also apply on a same day service; ICS Legal can carry out this within one day - UK Visas in London. Please read the same day service section for further information. ICS Legal will submit your application in the morning and get a decision on the evening.

The application process when applying from outside the United Kingdom is different. The date of the application is the date that the fee associated with the application is paid. This means the date shown on your payment receipt, which depends on how you paid for your visa application, for example, at British Diplomatic Post, visa application centre or online.

Immigration Advice in London - Settlement under Tier 2 UK Work Permits in the UK

The Tier 2 Work Permit category allows you to settle in the United Kingdom after five years continuous residence. You must be in continuous employment through the periods. Your employer must also give you a letter to certify in writing that they still need you in the job; or give you a new certificate of sponsorship for your settlement application.

You must have enough English language skills and enough knowledge about life in the United Kingdom, in line with paragraphs 245ZH of the immigration rules, unless you are under 18 years old or over 65 years old when you apply.

The five year continuous time in the United Kingdom can include any time you spent under any of the following immigration categories you were in before tier 2 of the points-based system:

 a member of the operational ground staff of an overseas-owned airline,
 a minister of religion, missionary or member of a religious order,
 a qualifying work permit holder,
 a representative of an overseas newspaper, news agency or broadcasting organisation,
 a highly skilled worker, investor or entrepreneur in tier 1.

Your dependants are eligible to apply for settlement at the same time as you, as long as they have lived with you in the United Kingdom for a minimum of two years before applying for settlement. Your children are eligible to apply for settlement at the same time as you, as long as they meet the requirements of the immigration rules.