What is a Tier 2 General Visa, and do you need one?
The Tier 2 General visa closed to new applicants on 31 December 2020 and has been replaced by the Skilled Worker visa. It was designed for skilled workers sponsored by licensed UK employers.
Although the route is closed, transitional provisions remain for existing holders.
Current Tier 2 visa holders must transition into the Skilled Worker category for extensions, changes of employment or settlement applications.
Applicants must meet salary thresholds, sponsorship requirements and continuous residence criteria when applying for indefinite leave to remain.
Why use a solicitor for this application?
The Tier 2 General visa, closed to new applicants on 31 December 2020, has been replaced by the Skilled Worker visa (SW visa).
Initially introduced in 2008, the Tier 2 General Visa was available to individuals employed by authorised employers with a Sponsorship Licence. Those still holding a Tier 2 General Visa should seek to transition to the new route for extensions, changes of employment, or settlement. Although the Tier 2 visa was typically valid for up to five years, making current holders rare, transitional provisions remain available. These provisions may still benefit the few individuals currently holding a Tier 2 General visa.
For new applicants, you should consider the Skilled Worker visa which we explain in detail HERE or explore alternative options.
Renewal and Extension of Tier 2 General Visa
When your Tier 2 General Visa is approaching expiration or if you intend to change employers or (in some circumstances) jobs with your existing employer, it is necessary to transition into the Skilled Worker category. This involves submitting an application under the Skilled Worker route.
Ensure that you meet all eligibility requirements and provide the necessary documentation to facilitate a smooth transition.
Tier 2 General Visa Indefinite Leave to Remain
To qualify for indefinite leave to remain as a Tier 2 General Visa worker, applicants must have initially entered the UK on a Tier 2 General visa. The application will be considered under the Skilled Worker indefinite leave to remain route. Applicants will need to show that they have completed a period of 5 years continuous residence in the UK under the Tier 2 visa category.
Once a Tier 2 General worker has completed 5 years continuous lawful stay in this category, they can apply for settlement provided they are still required for the employment in question and are paid at or above the appropriate specified salary as defined by the Standard Occupation Codes.
You need to be paid at least a minimum salary if you hold a T2, Skilled Worker or Health and Care Worker visa. How much you must be paid depends on your visa.
You would normally need to be paid the minimum of whichever is the highest out of the following £29,000 pa or the standard going rate for the type of work you’ll be doing according to the SOC codes.
Transitional Arrangements for the Minimum Salary Requirement
Tier 2 General Visa holders extending or switching into the skilled worker visa are considered under transitional arrangements when calculating how much they must be paid.
For the most part, workers in this category will need to be paid either £29,000 or the salary for their SOC code, whichever is the higher.
Holders of a Tier 2 General visa planning to transition to the Skilled Worker route before 1 December 2026 with the same employer may include specific allowances in their salary calculations. These allowances encompass:
- guaranteed payments,
- those maintained throughout the Tier 2 visa’s validity (excluding bonuses), and
- allowances available to settled workers, such as London Weighting.
This provision aims to assist Tier 2 visa holders in meeting the financial requirements of the Skilled Worker visa more easily. The Home Office is tasked with informing employers about this transitional rule if they lack awareness. This initiative seeks to ease the Tier 2 application process for individuals facing challenges in fulfilling the financial criteria.
Restrictions and Conditions of Tier 2 General Visa
The Tier 2 General visa, commonly referred to as the Tier 2 visa, was designed for skilled workers from outside the UK who have a job offer here. Here is a concise overview of what you can and cannot do with a Tier 2 General visa:
Permitted Activities:
- Work for your sponsor in the job described in your Certificate of Sponsorship.
- Take on a second job under specific conditions.
- Engage in voluntary work.
- Study, subject to certain conditions.
- Travel abroad and return to the UK.
Prohibited Activities:
- Access public funds.
- Change jobs or employers without updating your Tier 2 application.
- Engage in self-employment or start a business.
- Work as a professional sportsperson or coach.
Always ensure compliance with visa conditions and seek professional advice if uncertain about specific activities.