FAQs: Skilled Worker visa (formerly known as Tier 2 General leave to remain)

Please note that the above questions and answers have been prepared from the emails, telephone calls and actual cases that we have dealt and have therefore not provided any names and addresses in order to keep client confidentiality.

Question:
I am on a Student via (formerly known as Tier 4 visa) here and would like to apply for a Skilled Worker visa (formerly known as Tier 2 General leave to remain). What is the procedure?

Answer:
First, you must have a job offer from a UK based employer who has a Skilled Worker visa sponsorship licence and is able to issue a certificate of sponsorship  for you. The job will have to be at graduate level, NQF level 3.  There are other requirements to observe such as English language capability and maintenance funds, as well as qualifications and prospective earnings, and you are advised to contact us for further details.

Question:
I came on a spouse visa and have been residing in the UK with my husband. Now my husband has commenced divorce proceedings. Can I switch to Skilled Worker visa (formerly known as Tier 2 General leave to remain) whilst remaining in the UK? If yes, can my stay in the UK on a spouse visa be counted towards my application for ILR in the UK?

Answer:
Under the current immigration rules and due to Covid-19 restrictions, you may switch in-country from a spouse visa to Skilled Worker visa. You would therefore do not have to return to your country of origin and can apply inside the UK. Of course, you would also need to ensure that you meet the requirements of the category that you wish to apply for, and that you have adequate English language capability as well as the requisite maintenance funds. The time you have already spent in the UK only counts towards permanent residence in the context of the 10-year-long residence rule, however, in any event, you can reach permanent residence after just 5 years Tier 2 status.

Question:
We have got a business in the UK and Ukraine. We require our business development manager, who is working in our Ukraine branch office, to work for our London head office. Do we still need to advertise this position? What is the procedure?

Answer:
No. You do not need to advertise the position and a certificate of sponsorship can be issued for the overseas employee of the Ukrainian company under the Inter-Company transfer provisions. However, the UK company would first need to obtain a sponsorship licence from the Home Office and prove that it is linked to the Ukrainian company by way of common ownership.  This involves the submission of a substantial body of company documentation and it is advisable to seek professional assistance with this.

Question:
I am on a Student visa.  I have recently married my boyfriend, who is on a Skilled Worker visa (formerly known as Tier 2 General leave to remain). Can I switch to being his dependant from my student visa without leaving the country?

Answer:
Immigration Rules state that dependants will now be able to apply from within the UK, as long as they are not here illegally, as visitors, or on temporary admission or temporary release. We would recommend you seek professional advice.

Question:
I have got a certificate of sponsorship to work as a Financial Analyst at one of the bank in London. Can I take part-time employment to work as an Accountant at other company?

Answer:
No. You have been given authorisation to work only in the capacity of Financial Analyst for a particular employer and not to work for anyone else in a different capacity. However, some supplementary employment is permitted but it must be not more than 20 hours per week, in a position at the same level and trade and be outside your normal working hours.

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