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Tier 2 Workers Visa Extension

A Tier 2 Workers Visa can be extended subject to the relevant application being completed and submitted prior to the existing Tier 2 visa’s expiration. It is also a requirement for the applicant to have abided by all terms and conditions applicable to their initial period of leave, including holding the same position with the same employer throughout. 

Extension applications cannot be submitted from outside the United Kingdom.

Permissions on a Tier 2 Workers Visa

Individuals living and working in the United Kingdom on a Tier 2 visa may choose to take on additional employment if they wish, subject to the following requirements:

  • The additional work must take place outside their normal working hours
  • The additional employment must last no more than 20 hours per week
  • The additional employment falls within the same sector/specialist area as indicated on their original Certificate of Sponsorship

Voluntary employment and unpaid work in general may also be sought while residing in the UK on a Tier 2, with no specific restrictions applicable.

Restrictions on a Tier 2 Workers Visa

Entering and/or working in the United Kingdom on a Tier 2 visa is also subject to a number of important restrictions, including but not limited to the following:

  • The worker must not set up a business
  • The worker must not enter self-employment
  • The worker must not become a partner or director of a business without the permission of the UK Home Office

It is also forbidden to own a stake of more than 10% in the company sponsoring your application.

Switching from a Tier 4 Visa to a Tier 2 Visa

There may be the opportunity to switch from a Tier 4 visa to a Tier 2 visa, under the condition that the applicant satisfies the following requirements:

  • Successful completion of a Bachelor’s degree, Master’s degree, Postgraduate Certificate in Education or Professional Graduate Diploma of education at a recognised educational institution.
  • Ph.D. students who have completed a minimum of 12 months’ Ph.D. studies in the UK at a recognised institution or listed body, or an education provider holding a licence for sponsoring students under Tier 4 of the Points-Based System. Such applications can only be submitted from within the UK.

Please note that upon meeting the requirements for switching from Tier 4 to Tier 2, you become exempt from Resident Labour Market Test requirements. An offer can therefore be presented immediately and directly to you personally, without first being advertised domestically within the UK.

Switching from Tier 1 Post-Study Work to Tier 2 General

Applicants who currently hold a Tier 1 PSW visa may be provided with an unrestricted Contract of Sponsorship by their employer, under the condition that all applicable requirements are met for the specified job in accordance with the Code of Standards.

Applications for Change of Employment

UK immigration law states that Tier 2 visa holders should remain in the same position with the same employer for the duration of their stay. If you wish to change employers or positions during your leave under the Tier 2 scheme, you may need to submit a formal change of employment application.

Formal applications for change of employment are required in the following instances:

  • A change in your duties and responsibilities subsequently means that the original Code of Practice or Standard Occupation Code (SOC) no longer applies;
  • Your new position does not qualify for the Shortage Occupation List and therefore becomes a position within the Standard Occupation Code (SOC);
  • You wish to take on a position that attaches a salary lower than that of the original job at the time your Certificate of Sponsorship was issued.  Exemptions apply where reduced salaries are the result of maternity, paternity, adoption leave and/or sick pay lasting longer than one month, or when the company is implementing wider pay-cuts.

If you wish to change your role or employer during your stay under the Tier 2 workers scheme, we strongly suggest seeking independent legal advice before submitting your application.

Tier 2 Visa Extension Lawyers in Luton

More often than not, having abided by all applicable terms and conditions of your Tier 2 visa for the duration of your stay will qualify your case for an extension.  However, there are countless variables that must be taken into account, which could affect the eligibility of your case.

Here at Aristone Solicitors, we can provide the expert legal support you need to submit your Tier 2 Workers Visa extension application with confidence. For more information or to discuss your requirements in more detail, organise your obligation-free consultation with Aristone Solicitors today.

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