|TIER 2 Sportsperson|
There are four categories of Skilled Worker applicants who will require a certificate of sponsorship from their sponsors in order to make a visa application in line with the certificate:-
Tier 2 (Sportsperson)
Only elite sports people and coaches who are internationally established at the highest level would be able to apply under this category. Applicants have to score at least 70 points in total to successfully apply 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.
Tier 2 minimum income threshold, £35,000, for settlement comes into effect from 06.04.2016
A. Scoring Sections
The applicant has to score 50 points under this section that can only be claimed by having a valid certificate of sponsorship from his or her sponsor. Before a certificate of sponsorship can be issued, the sponsor is required to get an endorsement (a letter of confirmation) from its governing body confirming that the applicant is an internationally established professional sports person or coach and will make a significant contribution to the development of his or her sport at the highest level in the UK and that the position could not be filled by a suitable settled worker.
The applicant has to score 50 points under this section that can be claimed only by having a valid sponsorship certificate from his or her sponsor and a fresh endorsement from the governing body of the sponsor.
II English Language
For Tier 2 (Sportsperson) 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 give the applicant 10 points.
The following persons however would automatically be given 10 points under this section:
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 in these categories would automatically qualify for 10 points:
Maintenance for Dependants: The applicant would also be able to sponsor his dependants (spouse, unmarried partner, civil partner, children under 18 years of age) provided he can provide the required evidence of having £630 for each dependant in addition to the £945 that he requires for himself or herself.
The sponsor of the applicant will not be able to certify the maintenance of the dependants of the prospective employee.
B. Transitional Measures
An applicant can apply under the Tier 2 Sportsperson transitional arrangements where he or she has, or was last granted, leave as a Work Permit holder. Such applicants must comply with the following conditions:
The applicant will be awarded 10 points each for English language and maintenance requirements.
C. Duration of Tier 2 (Sportsperson)
D. Work Allowed
Applicants having leave to remain or leave to enter under the Tier 2 (Sportsperson) category would be allowed to take supplementary employment that must meet the following criteria:
In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.
E. What work is not allowed?
Tier 2 workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining permission from the Home Office. They are also not allowed to hold more than 10% shares in the sponsor company if it is a limited (unless applying under the Intra Company Transfer category).
F. Switching Rules
The following persons are able to switch into one of the above categories of Tier 2, provided they fulfil all the requirements:
No one else is allowed to switch into the Tier 2 categories 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.
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).
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