Tier 2 Employer-Sponsored Visa Questions

So I was planning to move to the UK in a couple months on a marriage visa. However, we barely make the financial requirements and I'm worried the pound might keep going up, keeping me in the US longer. I have an interview next week with a large international tech company for a position in the UK, and they seem pretty desperate for someone in my field(it's pretty niche). I was thinking about suggesting that they could sponsor me to get me over there faster. I have quite a few questions if I do take this route though.

Is the work sponsorship route faster than the marriage(and by how much)?

Are there any financial requirements for the work visa(such as savings)?

If I decide to leave the company, do I have the opportunity to switch to a marriage visa in the UK or do I have to leave and come back?

Am I still covered by the NHS?

Thanks so much!

"Niche" means little. If it's not on the shortage occupations list, then the employer has to deal with the resident labour market test, and that takes time -- even assuming that you're so niche that there's no UK or EU national who can do the job.

So no, it wont be fast -- they have to post the job for a minimum of 28 days first, in a minimum of 2 places.

I have an interview next week with a large international tech company for a position in the UK, and they seem pretty desperate for someone in my field(it's pretty niche). I was thinking about suggesting that they could sponsor me to get me over there faster. I have quite a few questions if I do take this route though.

It may not be as simple as suggesting they sponsor you.

First off, are they registered sponsors of Tier 2 visas? If they’re a large international company I assume they are, but if they aren’t, it can take up to several months (and over £1000) for them to apply to become a sponsor.

Secondly, if they are registered sponsors, do you know if they are willing to offer sponsorship or are they only looking for people who do not need to be sponsored? Often companies will be specifically looking for applicants who do not need sponsorship for a visa because it makes their lives much easier... if you already (or will) have a visa that allows work it means they can hire you as if you were a UK citizen, with no visa sponsorship required

Thirdly, is the job listed on the Tier 2 Shortage Occupation List? If so, that makes things easier.

If the job is not listed on the Shortage list, before they can hire you, they have to prove to UKVI that they advertised the job across the UK first, then across all other EU countries, for a minimum period of time, and they could not find a single suitable candidate...so they are forced to look overseas to fill the vacancy. They cannot pre-select you for the job and then try to show they meet the sponsorship requirements - you essentially need to be their last resort option.

Is the work sponsorship route faster than the marriage(and by how much)?

It depends - if you can acquire sponsorship, the actual visa processing time can be much faster... however, it may well take a couple of months or more to secure a Certificate of Sponsorship before you can actually apply.

Are there any financial requirements for the work visa(such as savings)?

I believe you need a minimum of £945 held in your bank account for at least 90 days before applying, though in some cases, I think the sponsor can ‘cover’ this amount for you as part of the sponsorship certificate.

If I decide to leave the company, do I have the opportunity to switch to a marriage visa in the UK or do I have to leave and come back?

No, you can switch from inside the UK, though you would need to apply to switch before leaving the job, and if you were using your income from the job to meet the financial requirements, you would need to show the employment is ongoing (so you couldn’t leave the job until after the visa was granted).

Am I still covered by the NHS?

Yes, you would pay a specified IHS surcharge amount when you applied for the Tier 2 visa, in order to allow you to use the NHS for ‘free’.



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So I was planning to move to the UK in a couple months on a marriage visa. However, we barely make the financial requirements and I'm worried the pound might keep going up, keeping me in the US longer.

It would be a lot easier if you were able to just apply right away for the spouse visa.
They use the closing spot rate on Onada.com on the date you submit and pay for your online application to calculate the requirement, so if you are close then you need to plan your application to coincide with a day that the exchange rate works in your favour.

Hello. I am looking a Tier 2 general visa too. It will be sponsored and my occupation is not on the shortage list, but is very specialized and the position that I am interested in has been advertised for a very long time and I have spoken with the company so not a problem, but someone said the Tier 2 general visa has changed since 2012. I know that it is now a 5 year visa rather than a 3 year visa, which is great IMO. I will then apply for ILR and then citizenship. Has anything else changed that I should be aware of? Thanks.

Hello. I am looking a Tier 2 general visa too. It will be sponsored and my occupation is not on the shortage list, but is very specialized and the position that I am interested in has been advertised for a very long time and I have spoken with the company so not a problem, but someone said the Tier 2 general visa has changed since 2012. I know that it is now a 5 year visa rather than a 3 year visa, which is great IMO. I will then apply for ILR and then citizenship. Has anything else changed that I should be aware of? Thanks.

I was the one who said on here that the T2 G has changed over the recent years. The changes to the work visas are to ensure that the UK now only keeps (ILR) the ones who have the skills the UK needs: don't keep other countries criminals; don't  keep the ones who will be a burden on the UK's welfare state when they get ILR. i.e. apply for income based benefits like Tax Credits to help keep their children.

The changes are things like: it's harder to get a sponsor because UKVI now check the RMLT; the salary requirement for a visa has risen; there is a minimum earning for ILR; they are starting to look at an applicants criminal history in the UK and in other countries. UKVI now remove the employers sponsorship licence if they don't comply with all the terms of that licence, which affects every employee they are sponsoring.

If you have a sponsor who has carried out the RLMT test in accordance with their sponsorship licence, who issues the correct CoS (Restricted CoS) and you can meet the requirements for a visa and the emloyer always keeps to the terms of their licence, then it won't be a problem. Most do keep to the terms of their sponsorship iicence.

If you meet all the requirements for ILR and your sponsor supports your ILR by writing  a lettetr to say you will still have a job with them, then ILR will be granted.

Restricted CoS are limited to 20,700 a year and are granted on a monthly allocation figure, with the meeting held on about the 11th of each month

If you lose your sponsor, then you will be given time to find another sponsor but they will have to carry out the 28 day RLMT before they can offer the job to you. I think you would need a Restricted CoS again. UKVI will curtall the visa and give 60 days from their letter to leave the UK or apply for another visa. This 60 days is just what the Home Office give and they usually take a while to send that letter.

If there is more than 60 days between your last day of employment with your sponsor and a valid application put in for a new sponsor, then the 5 years to ILR is broken and resets to zero with a new visa There is a mamimum of 6 years on a Tier 2 General visa. This 60 days rule is part of the immigration laws and is different to the 60 days the home office give when a visa is curtailed.

The UK has made it harder to get ILR on 10 years of legal stay. For those using Tier 2 General, if you leave the UK to apply for another Tier 2 General visa with a new sponsor, there is a 12 month cooling off period outside the UK and ILR is broken for the 5 year and 10 year route to ILR. After that 12 months, you can apply again for a Tier 2 General and your 5 years to ILR starts again.

https://www.gov.uk/tier-2-general

Thanks Sirius!