TIER 2 Q&As

To help you understand Tier 2 visa applications,
we have listed below a number of questions we are generally asked by our clients


WE HAVE PROVIDED ANSWERS TO ALL OF THESE QUESTIONS WHICH WE HOPE YOU WILL FIND HELPFUL


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The below questions and answers are not specific to any particular Tier 2 visa, but covers 
Tier 2 in general

To learn more about a particular Tier 2 visa, select one of the 6 links below

Understanding some of the Tier 2 abbreviations

SOC means Standard Occupational Classification
RLMT means Resident Labour Market Test
MoR means Minister of Religion
IcT means Intra-company Transfer
UCoS means Unrestricted Certificate of Sponsorship (Tier 2 General only)
RCoS means Restricted Certificate of Sponsorship (Tier 2 General only)
CoS means Certificate of Sponsorship
BRP means Biometric Residence Permit

Throughout Tier 2 pages and below you will see the above abbreviations.
Do I need a sponsor for Tier 2?
To work in the UK under Tier 2 of the points-based system, you will need a sponsor. A sponsor must be approved under the Home office approved list and hold a valid tier 2 A-Rating. Learn More. 
Do I need a CoS?
To work in the UK under tier 2 of the points-based system, you will need a valid CoS. A CoS is a virtual document (work permit) and must be valid at all times to allow the Tier 2 worker to legally work in the UK. Only Tier 2 General has different rules to CoSs which are Unrestricted CoSs (UCoS) and Restricted CoSs (RCoS). Learn more.
Can I switch from one Tier 2 to another Tier 2?
In most cases yes, but if you hold a tier 2 IcT then it is very unlikely you can switch unless under different immigration rules and this all depends when you entered the UK.
Does the employer need to advertise the job before I can be assigned a CoS?
In most cases yes unless a RLMT is exempt such a the role is at PhD level or the position is listed on the shortage occupation list. The UK employer must carry out a RLMT for 28 days (see page 118). The purpose of the RLMT is to see if the UK employer can first source a UK settled worker and if they cannot, they can assign a CoS to a non-EEA national. Note: If the UK employer does not comply to a RLMT and the Home Office accuses them of issuing a CoS incorrectly, their sponsor licence could be revoked which means any tier 2 employee employment is immediately terminated.
How long can a CoS be assigned for?
A CoS is normally assigned for 3 years. A CoS can be assigned for any period up to 3 years. The CoS period is based on the UK employer requirements for that worker. If the worker being assigned a CoS is on a job contract, the CoS must only be assigned for that job contract period such as 6 months. If the UK employer can guarantee back-to-back contracts say 2 rolling contract covering 12 months, then the CoS can be assigned for 12 months. Before the CoS expires you must renew it. Note: Under Tier 2 General, a CoS can be assigned up to 5 years.
Can I still work if my CoS has expired?
If your CoS expires before your BRP card, you cannot carry on working until your UK sponsor has issued you a new CoS. The BRP card under Tier 2 allows you to remain in the UK but without a valid CoS, working is illegal.

Example is, your UK sponsor has its sponsor licence revoked, they cannot employ you anymore even if your CoS work end date is in the future. Your BRP card does not expire for a further 12 months. You will receive a letter from the Home Office to say your BRP card is now curtailed under the 60 day rule, but until you receive the curtailment letter, you can legally remain in the UK looking for a new Tier 2 sponsor or switch into another visa category. No work is permitted until your new visa is approved.
What is Entrant over Experience mean?
If you read this in the SOC code link, it means if a non-EEA national holds 
  • Tier 1 (Post-study work)
  • Tier 1 (Graduate Entrepreneur)
  • the International Graduates Scheme
  • the Fresh Talent Working in Scotland Scheme
  • the Science and Engineering Graduates Scheme
  • Tier 4 or as a student and they have fully completed either:
    • a course of study leading to a UK recognised bachelor’s or master’s degree
    • a course of study leading to a UK Postgraduate Certificate in Education or a Professional Graduate Diploma of Education
    • a minimum of 12 months study in the UK towards a UK PhD
If the person applying for the visa falls under one of the above, it means their initial salary can be lower for the first 3 years of their employment, however, if the UK sponsor only assigns a CoS under 'Entrant' for 2 years and then decides to extend the CoS, the new CoS will fall under 'Experienced' salary.

If the worker does not fall under one of the above or has already been assigned a CoS under 'Entrant', their new CoS must fall under 'Experienced' salary.
Do I need to earn a minimum salary to obtain a CoS?
Their are different levels that a Tier 2 needs to earn to obtain a CoS, you can find out more about pay levels under each of the 4 Tier 2 visa routes.
What is a Tier 2 BRP?
A BRP is a card, similar to a credit card in size, it is a separate document to the old visa stamp that was put in the worker's passport. A BRP card is the official approval document you should show if asked to demonstrate your right to live in the UK. As stated above, as you are sponsored under Tier 2, you must have a valid CoS to legally work. You can only obtain a BRP card if you have been assigned a valid CoS.
If I want to change my UK sponsor, can I work for them on my current BRP or CoS?
If you decide to change your UK sponsor, you cannot work for that new UK sponsor until a new RLMT (unless exempt), been assigned a new CoS and been approved under Tier 2 to work for that new UK sponsor. If you do work for them it could be deemed as illegal employment.
Can I do a second job if employed by a UK sponsor under Tier 2?
This is known as 'supplementary employment' where the Tier 2 worker does a second job whilst being sponsored by their UK employer.

Supplementary employment does not have to meet the resident labour market test requirements and the employer does not have to be a licensed sponsor.
Supplementary employment must:
  • be in the same profession and at the same professional level as the work for which the migrant’s CoS was assigned or be a job which is in a shortage occupation listed in Appendix K of the Immigration Rules - if the occupation is later removed from the list of shortage occupations, the migrant must finish that employment
  • be for no more than 20 hours a week
  • be outside of the normal working hours for which the migrant’s CoS was assigned
You do not need to advise the Home Office of any supplementary employment you undertake as long as it meets the above criteria.
Can I do work as secondary employment if I do not meet the supplementary rules?
It is possible, you need to first check if the UK sponsor has a valid sponsor licence. If they do and it is A-Rated and they recruited that person in line with the rules set out in this guidance. Note: a second CoS cannot be assigned to a migrant until the migrant has used their first one.
If I want to change my UK sponsor, can I work for them on my current BRP or CoS?
If you decide to change your UK sponsor, you cannot work for that new UK sponsor until a new RLMT (unless exempt), been assigned a new CoS and been approved under Tier 2 to work for that new UK sponsor. If you do work for  them it could be deemed as illegal employment.
Can I do charity work if I hold a valid Tier 2 CoS and BRP?
You can undertake voluntary work in any sector. You must not be paid for your work, other than the reasonable expenses outlined in section 44 of the National Minimum Wage Act 1998. You are not permitted to do more that 20 hours per week and the work cannot replace or impact your primary Tier 2 employment working conditions.
I want to leave the UK whilst on a Tier 2 visa, can I and what impact will it have on me?
You are permitted to leave the UK as many times as you like. If you leave the UK because of your job, you and your UK sponsor need to keep a log of this. If you travel because of annual leave then this is not an issue. If you leave the UK for personal reasons, this is may be an issue if you exceed the permitted days out of the UK which is 180 days in any 12 month period. If you think this may impact on you, click here to work out how to calculate your absences.
How long can I remain in the UK on my Tier 2 visa?
This differs to which Tier 2 visa you obtain. Go to Tier 2 visa appropriate to you and find out when you must leave the UK unless you can switch into a different visa group or you can apply for settlement status.

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