LIVE & WORK IN THE UK
This is an overview only of the requirements necessary for non-EEA nationals to live and work in the UK as a skilled employee. There are numerous obligations implicated in order to be granted with a visa to live and work in the UK, and this will be dissimilar for each person or applicant.
We frequently hear questions from those desiring to come to the UK to work. Please note that We DO NOT and CAN NOT assist with obtaining and guaranteeing a job for those residing outside the UK, and who wish to live and work in the UK.
How can anyone from outside the UK and EU apply to live and work in the UK?
Usually, there is a 2-step procedure for attaining the right to live and work in the UK:
- Acquire a job offer from a UK-based company that has been licensed by the Home Office as a Sponsor AND later
- Apply for entry clearance as a Tier 2 General Worker to live and work in the UK.
Step Number 1 : How to acquire a Job Offer from a UK-based Sponsor?
This is the first step to come across for a person to live and work in the UK. The process consists of:
- The applicant must initially look for a job that meets their educational qualifications and/or work experience;
- The applicant should also make sure that the employer has been allotted a licence by the Home Office to sponsor migrants from outside the EU.
The Home Office issues a list of licensed employers on their website, and this is updated monthly. Please find the link to the UK-based employers who are licensed by the Home Office as sponsors, (Tier 2 Sponsors), to employ non-EEA/EU Nationals from outside the UK below.
Furthermore, there are many obligations that a UK-based employer should meet in order to employ or offer a job to a non-EU citizen, living outside the UK.
In short, the employers must meet the “Resident Labour Market Test” (RMLT) if valid, OR
That the job needed is one that is on the shortage occupation list created by the Home Office. This is integrated in the Immigration Rules, at Appendix K. The list is also revised on monthly basis. You can find the link below.
Basically, if a job is not in the shortage occupational list, then the employer should demonstrate that they have commenced the RLMT afore choosing to employee a non-EU citizen.
In other words, they should demonstrate proof that they advertised for the job, and that they nominated and cross examined as many applicants as possible, (particularly those with settled status in the UK, i.e. British citizens/those with Permanent Residency status), who meet the qualifications and/or experience relevant to the job description.
If the employer determines that the non-EEA national is the ideal candidate for the job, they should then provide the job, and allot the individual with a Certificate of Sponsorship (COS) which is valid for 3 months or 90 days.
Second step: Applying for a Visa to Enter the UK as a worker
Once the non-EEA national has safeguarded a job offer and a COS from their Home Office- licensed Sponsor, they should then apply for a visa or entry clearance to arrive, live and work in the UK.
There are countless obligations for acquiring a visa as a worker in the UK. This is known as a Tier 2 (General) Visa:
- One of the obligation is previously mentioned, which is to attain a job offer from a UK-based licensed Sponsor;
- Other necessities include meeting either the Shortage Occupation List, or the RLMT,
- Being paid a certain level of salary for the role,
- Ensuring the accommodation and maintenance requirements,
- Fulfilling the English language requirement, and
- For certain nationals, getting a Tuberculosis test certificate, and
- Reliant on the role, a criminal record certificate from either their country of origin, or their country of residence.
Reasons why Tier 2 Visa applications get refused?
The most popular reasons that applicants have their applications rejected is because they do not meet the essential requirements or because they cannot adequately prove they are authentic.
Authorized representatives, such as experienced immigration specialists and visa law organizations, are certified to counsel you on immigration law and your immigration status. It is likely to instruct an immigration and visa legal representative to submit a UK Immigration application.
Caseworkers at the Home Office are guided to reject applications which are inappropriately organized, for example by failing to deliver the correct backup evidence. In order to guarantee your application succeeds, all obligatory documents must be provided.
This can be an important administrative errand and you will need to submit the accurate documentary proof. The UK Immigration Rules are multifaceted and a legal representative can help make sure that your Tier 2 Visa Application go through the Immigration Rules.