This section summarises the Tier 2 (General) route for skilled employment. It is primarily aimed at those who are applying in the UK to ‘switch’ from Tier 4 (General) to Tier 2 (General).
Tier 2 also includes routes for Intra-company transfers (those who are employed by a multi-national company outside the UK which has a UK branch), Sportspersons, and Ministers of Religion. For full details of these routes, see the Home Office's information.
It is important to read the Tier 2 policy guidance before you apply. Your employer will have checked and confirmed your eligibility for Tier 2 sponsorship before issuing the Certificate of Sponsorship, but you need to check for yourself that you meet all the requirements. The information below will be helpful, and you can also get advice from the employer and/or from an immigration lawyer who specialises in Tier 2 immigration applications. The international student adviser at your higher education provider specialises in student immigration applications and is highly unlikely to offer one-to-one advice on Tier 2 applications.
Our September 2019 blog post Tier 4 to Tier 2: no more tears? looks at some recent changes that have made the logistics of switching from Tier 4 to Tier 2 more straightforward.
You can also switch into Tier 2 without leaving the UK if you have or were last granted leave under be in the UK under as the partner of a Tier 4 migrant. Tier 1 migrants, those under the Startup or Innovator scheme, and people with some other work-related immigration statuses can also apply in the UK to switch into Tier 2. If in doubt, speak to your employer. If you have immigration permission in a different category, you will need to leave the UK and apply for entry clearance to come to the UK under Tier 2.
For Tier 4 dependant partners and for anyone applying from outside the UK there are some extra issues or requirements for both the applicant and the employer. These can include a restricted certificate of sponsorship (CoS), the Resident Labour Market Test, the Immigration Skills Charge, and whether the job is considered a PhD level job or a shortage occupation. We have explained all these matters at the end of this section. The Home Office website has details of how to apply outside the UK. You can access the online application form here.
If you want to be in the UK under Tier 2, you must be sponsored by an employer who has a Tier 2 sponsor license. An employer who is on the Home Office list of Tier 2 (General) licensed sponsors can issue a certificate of sponsorship (CoS) to a potential employee who would not otherwise be allowed to work in the UK.
There needs to have been a genuine vacancy for your job but your employer is not required to run the Resident Labour Market Test if you are applying in the UK. Nor do they pay the Immigration Skills Charge or use one of their restricted allocation of Certificates of Sponsorship.
If you are not sure about which employers in the UK in your area of work are Tier 2 sponsors, or if you have to apply for jobs in your area of work through recruitment agencies, you should discuss with careers advisers in your university or institution or with your professional body (if relevant) how best to ensure that you apply for jobs with employers who have a Tier 2 sponsor licence.
According to Home Office statistics, most jobs for which people are sponsored under Tier 2 are in the following sectors:
- Information and communication
- Professional, scientific and technical
- Human health and social work
- Financial and insurance
- Education
Our September 2019 blog post Switching to Tier 2: some common problems is about some of the problems students have reported to us when looking for a Tier 2 job and dealing with employers.
The minimum skill level for most occupations is described as Regulated Qualifications Framework (RQF) level 6, which equates to degree level skill. The lists of jobs that are at this level and above are in the Immigration Rules Appendix J. The relevant tables are table 1 (occupations skilled to PhD-level) and table 2 (occupations skilled to RQF level 6 and above).
One exception to this requirement applies to you if you have a specified job in one of the creative sector occupations (artists, authors, writers, translators, actors, entertainers, presenters, dancers, choreographers, or product, clothing and related designers), in which case the minimum skill level is RQF level 4. For these particular jobs only, table 3 (occupations skilled to RQF level 4 and above) is relevant.
The other exception that could apply to you is if you have an offer of a job that is on the list of shortage occupations. In this case, the minimum skill level is RQF level 4. The list of shortage occupations is in Appendix K of the Immigration Rules.
The February 2020 government policy statement The UK's points-based immigration system says that the minimum skill level for sponsored skilled work will be reduced from RQF level 6 to RQF level 3 (A level skill) from 1 January 2021. However paragraph 6.24 of the December 2018 white paper also suggested that for jobs at skill levels 3-5, employers may be required to check that the vacancy cannot be filled from the resident labour force.
This information is specifically for those applicants who are considered "new entrants". A "new entrant" is someone who is switching from Tier 4 to Tier 2 within the UK, or who is applying in their home country and meets the definition of 'new entrant' in in Table 11CA in Appendix A because they are:
- under 26 years old on the date when you make your Tier 2 immigration application; or
- recruited by a Tier 2 sponsor at a university milkround (check with your employer if that applies to you).
The minimum wage level for each different occupation varies. You will find the relevant wage for your job in the tables we refer to above, under 'Skill levels' above. You cannot be sponsored under Tier 2 if your job will pay less than the minimum wage associated with your occupation.
The lowest salary that any new applicant applying for Tier 2 (General) can be paid is £20,800. Tier 2 (General) applicants who meet the definition of 'new entrant' can rely on the lowest wage for each occupation (or £20,800, if the lowest wage for their occupation is below this minimum figure).
£20,800 is also the salary for certain specific jobs listed in Appendix A from para 79, with a certificate of sponsorship assigned before 1 July 2019:
- medical radiographer
- ·nurse
- secondary school teacher in maths, physics, chemistry, computer science or Mandarin
- paramedic
While £20,800 is the minimum possible salary, you may be in an occupation where the appropriate minimum salary identified by the Home Office is higher than this.
For example, the minimum salary in table 2 (occupations skilled to RQF level 6 and above) for tax experts is £19,800 for new entrants. If you meet the definition of 'new entrant', the lowest wage you can be offered is £20,800. If you do not meet the definition of 'new entrant', the minimum wage you can be paid is £35,300 (the 'experienced worker' rate).
Sometimes wages below £20,800 are mentioned in the occupations tables. This is because some people who are already in the UK with work permit immigration permission can rely on lower wage levels if they need to apply to extend their leave.
The maintenance requirement for Tier 2 (General) is that you need to show you have £945 which has been in your account for a period of 90 consecutive days ending no more than 31 days before you make your application. This is stated in Appendix C of the Immigration Rules, and the Tier 2 policy guidance explains in detail the format your financial evidence must take.
You must have held this money in an account with an organisation that is acceptable to the Home Office. For some countries (Cameroon, India, Ghana, Pakistan, Iran, Philippines, Bangladesh and Sri Lanka), the Home Office has lists of financial organisations that it does and does not regard as acceptable. They are in Appendix P of the Immigration Rules.
Some Tier 2 sponsors can choose to certify on the certificate of sponsorship that they will provide this sum for you if it becomes necessary, in which you case you do not have to provide evidence that you have this money. Check with your employer whether this is an option for you.
You must be able to prove that you have English language skills. A degree-level qualification from a UK institution is one way of meeting this requirement, or you may have already met this requirement in a previous grant of leave. See Appendix B of the Immigration Rules and/or the Tier 2 policy guidance for other ways of showing that you meet it.
Before you apply
You can travel and re-enter the UK on your Tier 4 leave before making the Tier 2 application. The Tier 4 Policy Guidance confirms at paragraphs 273-275 that you can travel and re-enter the UK on your Tier 4 leave during the extra post-study period (usually 4 months). Paragraph 275 confirms that
Border Force officials will need to be satisfied when you are entering the UK that you will either complete the activity you intend to carry out and leave the UK before your visa expires, or that you will submit an in-time application to extend your leave in the UK. You should carry any documentation relevant with you when you travel to show to the Border Force officer if required.
After you apply
After you have applied under Tier 2, you should not travel until the outcome of the application. This is because travelling outside the Common Travel Area automatically withdraws your Tier 2 application.
If you need to travel very urgently while your Tier 2 application is pending, speak to your Tier 2 sponsor to discuss your options. While you can re-enter the UK as above if your Tier 4 leave is still valid, you would no longer have a pending Tier 2 application so you would need to apply again with a new Certificate of Sponsorship, new financial evidence, and pay the application fee again. Only the Immigration Health Surcharge from your first application would be refunded.
The immigration rules say that students who apply after receiving their results, and all students with Tier 4 leave granted on or after 1 October 2019, can start their Tier 2 job as soon as they have applied.
Others may be able to start work on a temporary basis if their employer agrees.
However in both cases it is possible that an employer may prefer that you wait until the outcome of your Tier 2 application before starting work. Check directly with your employer when they expect you to start work, and on what basis.
All students with Tier 4 leave to study a part-time postgraduate course must always wait until their Tier 2 immigration permission has been granted before starting work.
The following family members can join you or stay with you in the UK:
- spouse or civil partner
- unmarried partner or same sex partner who is not a civil partner
- children (they must be under 18 if they have not yet applied to join you. It does not matter if they become 18 during their time in the UK, as long as they do not start to lead an independent life).
The funds requirement for family members is £630 per person. The money must have been held for 90 days before the date of the application. The policy guidance for points-based system dependants lists the forms of acceptable evidence of funds.
An A-rated Tier 2 sponsor can certify on your certificate of sponsorship that it will undertake to maintain and accommodate your dependants up to the end of the first month of their leave, if it becomes necessary. If your Tier 2 sponsor has stated that it will do this to the value of at least £630 for each family member, your dependants do not need to provide further evidence of funds.
If your dependant partner (spouse, civil partner, unmarried or same-sex partner) is applying from outside the UK with you or to join you, and you are a Tier 2 worker in the education, health and social care sector, your partner will also be required to provide a criminal record certificate to support their application. Find more information about criminal record certificates on the Home Office website and in the policy guidance for points-based system dependants.
Tier 2 can lead to settlement in the UK after five years of continuous lawful residence. You can combine periods of Tier 2 leave with Tier 1 leave (other than Tier 1 Post-Study Work and Tier 1 (Graduate Entrepreneur)) to make up the five years. You must still be required for your Tier 2 job. It is also possible to apply for settlement under the long residence rule if you have spent 10 years of continuous lawful residence in the UK with any type of immigration permission.
For full details of how to apply for settlement under Tier 2, see the Tier 2 policy guidance.
For information about applying under the long residence rule, see the Modernised guidance for Home Office caseworkers.
This information is only for those who are applying outside the UK, or who are applying in the UK and have current leave as the partner of a Tier 4 migrant.
In order to pass the resident labour market test, an employer must have advertised the job in an appropriate way for the sector, and be able to show that no suitably skilled settled worker can do the job. The Home Office decides where the employer must advertise the job, for how long, and the information that must be included in the advertisement. Settled workers are British citizens, other European Economic Area nationals, British Overseas Territories nationals, those with indefinite leave to enter or remain and those who have leave under the UK ancestry provisions.
This information is not in the guidance for Tier 2 applicants, but it is in the guidance for Tier 2 employers. The same applies to information about restricted certificates of sponsorship that are required for applicants who apply for entry clearance from outside the UK. This is because employers, and not applicants, have to prove that they meet these requirements.
You can find detailed information about advertising requirements in the Guidance for Tier 2 and Tier 5 sponsors.
Tier 2 employers can offer a job to some people without having to meet all of the provisions of the resident labour market test. This applies to you if you fall into one of the following categories:
- Your job is on the shortage occupation list for the UK (or for Scotland only if you are going to work in Scotland); or
- Your job is on the list of PhD level jobs (see above); or
- Your salary will be £159,600 or higher; or
- You will be continuing to work as a doctor or dentist in training, or you will be working as a specialty doctor in training and your wage and training costs will be met by the government of another country; or
- You are applying for leave in order to resume a post in a higher education institution, and you will be employed by the same sponsor as under your previous grant of Tier 2 (General) leave and your break in employment was solely due to a period of academic leave; or
- Your job is a supernumerary research position and either the funding is not transferable (you are named on the award), or by your sponsor, where you have been selected on the basis of your own research proposal and the funding of the research is secured in an agreement between the sponsor and a third party organisation, or you are continuing work that was initially funded in such a way.
The February 2020 policy statement The UK's points-based immigration system says that the government will abolish the RLMT from 1 January 2021.
This information is only for those who are applying outside the UK, or who are applying in the UK and have current leave as the partner of a Tier 4 migrant.
Shortage occupations are jobs that employers find difficult to fill using settled workers only. If a job is on the shortage occupation list, your employer does not have to carry out the resident labour market test (RLMT) before offering the job to you. They can also offer jobs at a lower skill level than normal (minimum RQF level 4, not RQF level 6). There is a list for the whole of the UK and a separate list that applies only to jobs in Scotland. This list, in Appendix K of the Immigration Rules, is regularly reviewed and does change following recommendations by the Migration Advisory Committee.
PhD level jobs are mainly research posts. You do not necessarily have to have a PhD in order to be offered a PhD level job, and some occupations that require a PhD are not on the list of PhD level jobs. PhD level jobs are still subject to the resident labour market test (though you may be exempt from this requirement), but the advertising requirements for PhD level jobs are more relaxed than for most other posts. Therefore, an employer will be able to offer you employment if you are the best applicant even if settled workers who apply could undertake the work (see Appendix A para 78). The list of these jobs is in table 1 of Appendix J of the Immigration Rules.
This information is only for those who are applying outside the UK, or who are applying in the UK and have current leave as the partner of a Tier 4 migrant.
UK employers recruiting non-EEA nationals under Tier 2 (General) may be required to pay an Immigration Skills Charge (ISC).
Employers will not be required to pay the charge if they are sponsoring a student who holds Tier 4 immigration permission and is switching to Tier 2. Sponsors of Tier 2 (Intra-Company Transfer) Graduate Trainees and specified PhD level occupations are also exempt from paying the charge.
If an employer is required to pay an Immigration Skills Charge, the amount of the charge will be calculated according to the length of employment the employer enters on the Certificate of Sponsorship. Employers will be required to pay £1000 per employee per year, with a reduced rate of £364 per employee per year for small and charitable employers. The full amount must be paid before the Certificate of Sponsorship can be assigned.
If you are applying from outside of the the UK and are coming to work in the education, health and social care sectors you will also be required to provide a criminal record certificate as part of your application. Your Tier 2 sponsor should inform you of this requirement if is applicable. You can read more information on criminal record certificates in the Tier 2 policy guidance.
