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There are four categories of Skilled Worker applicants who will require a sponsorship certificate from their sponsors in order to make a visa applications in line with the certificate:- TIER 2 (General) You can apply for leave to enter or remain in this category if you have been offered employment or a role within your faith community in the UK as: a minister of religion; a missionary or a member of a religious order. Tier 2 minimum income threshold, £35,000, for settlement comes into effect from 06.04.2016 TIER 2 (Minister of Religion) The applicants are required to score at least 70 points in total to successfully apply for the required visa and they can claim the following points under the heads of Attributes, English Language and Maintenance:- The Home Office will now check that applicants are genuine and that they intend to meet the conditions of the leave they apply for. I Attributes Initial Applications The applicant has to score 50 points under this section by having a valid certificate of sponsorship from his or her sponsor. The certificate can only be granted once the Resident Labour Market Test requirements have been met. The applicant must provide an official letter from the sponsor with the application, which must give an outline of the duties, details of remuneration, and an explanation of how the role passes the resident labour market test. Extension Applications The applicant has to score 50 points under this section by having a valid certificate of sponsorship from his or her sponsor, except that there is no Resident Labour Market Test requirement if the applicant merely wishes to continue in the same role with the same sponsor. II English Language For Tier 2 (Minister of Religion) applicants, it is a requirement to provide evidence that they speak, communicate and understand English language to a certain level. This can be done in three ways:
This will score 10 points for the applicant. The following persons would also automatically score 10 points under this section:
III Maintenance Applicants will need to score 10 points under this section. This can be possible in the following ways:
Exemptions: The following persons having leave to remain or leave to enter would automatically qualify for 10 points:
Maintenance for Dependants: The applicant will require showing an extra £630 for each of his dependants in addition to the £945 that he requires for himself or herself. The applicant’s sponsor will also be able to certify the dependants of the prospective employee for maintenance purposes. Transitional Measures An applicant can apply under the Tier 2 Minister of Religion transitional arrangements where he or she was last granted leave under the Minister of Religion category before 27th November 2008. This type of applicant will be automatically awarded 10 points each for English language and maintenance funds. Duration of Tier 2 (Minister of Religion)
Work Allowed Applicants having leave to remain or leave to enter under the Tier 2 (Minister of Religion) category would be allowed to take supplementary employment that must meet the following criteria:
In addition to the supplementary employment, applicants are also allowed to take unpaid voluntary employment. What is not allowed? Tier 2 (Minister of Religion) workers are not allowed to enter self-employment, establish a business or join another business as a director or partner without obtaining further permission from the Home Office. They are also not allowed to hold more than 10% shares in the company they are working for. Please note that this restriction is not placed on those workers who are working for a Partnership or Sole Proprietor business. Switching Rules The following persons would be able to switch into any category of Tier 2 provided they fulfil all the requirements of Tier 2:
No one else can switch into a Tier 2 category while remaining in the UK. Administrative Review (Entry clearance applications only) If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right to make a request for a review of the decision that must be exercised within 28 days of the date of service of the decision. The applicant will only be able to rely on the information/documents already submitted with the application and will not be allowed to provide or submit any fresh evidence with the review request. It is therefore strongly advised to take professional help while making grounds for making review request. Appeals (In country Applications only) Applicants whose Tier 2 extension applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, applicants are no longer allowed to make use of fresh evidence in order to challenge the decision of the Home Office (unless appealing on human rights, asylum or race discrimination grounds) and can rely only on the evidence submitted with the application. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision. It is strongly advised to seek professional assistance in lodging an appeal against any decision of Home Office. Settlement Prospects Tier 2 workers can apply for permanent settlement in the UK on completion of a total of five years in the following categories, most recently having Tier 2 leave to remain:
Dependants would also be allowed to apply for settlement with the main applicant if they had last been granted leave as a dependant of the main applicant (in respect of partners, provided they have lived with the main applicant in the UK for at least two years). What services can we offer?
Whatever the case, we are here to assist, advise and represent our clients in relation to any aspect of their immigration matters.
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Brochure Law Firm Limited
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