Understanding the Flexibility of Tier 2 General Visa in the UK: Changing Employment and Visa Extension

When you are on a Tier 2 General Visa in the UK, the situation regarding changing your employment can often be confusing. Let's explore the current regulations, the options available, and the steps involved in transitioning between employers while maintaining your visa status. This article will also cover the process of extending a Tier 2 General Visa and the qualifications needed to apply for indefinite leave to remain.

Changing Employment with a Tier 2 General Visa

Generally, the visa conditions for a Tier 2 General Visa are quite restrictive in terms of changing jobs. The primary rule is that if you wish to switch employers, you must apply for a new Tier 2 General Visa with the new employer. This process can be lengthy and involves several necessary steps.

The new employer must be registered with the UKVI (United Kingdom Visas and Immigration) sponsor register. They will need to conduct a Remote Labour Market Test (RLMT) before offering you a job. This ensures that the new position is necessary and essential, and that the pay offered is at or above the specified threshold for the job code. Once the RLMT is completed, the new employer will need to apply for a change of sponsor and obtain a new Tier 2 General Visa for you.

While it is possible to change employment under a Tier 2 General Visa, it is a complex and time-consuming process, making it important to plan ahead and understand the requirements thoroughly.

Extending a Tier 2 General Visa

If you are already employed with your current Tier 2 General Visa, you can extend it under certain circumstances. The most common situation is when you are still working for the same employer in a shortage occupation. A shortage occupation is a job that the UK labor market needs but is unable to fill with UK nationals. Directions from the Home Office must be in place for your occupation to be considered a shortage occupation.

When you apply to extend your Tier 2 General Visa, you will not need to leave the country if your employer is willing to sponsor you for an extension. However, you will need to submit updated evidence or information if it has changes or if the original evidence has expired.

Qualifications for Indefinite Leave to Remain

After living in the UK for five years under a Tier 2 General Visa, you become eligible to apply for Indefinite Leave to Remain (ILR). This is a significant milestone as it provides you with the opportunity to work any job without restriction and to become more integrated into UK society.

To apply for ILR, you must:

Have lived continuously in the UK for at least five years under a valid Tier 2 (General) immigration route. Be working in the UK and be employed in a skilled job (unless exempt). Meet the financial requirements, which include having sufficient funds for yourself and any dependants. Have sufficient knowledge of the English language. Meet the Good Character requirement, which involve no convictions or cautions of a serious nature in the past five years.

Once you have successfully obtained Indefinite Leave to Remain, you will have permanent residence in the UK, allowing you to work any job you choose and enjoy the same rights as a UK citizen.

Conclusion

While changing employment under a Tier 2 General Visa in the UK is challenging and may require a change of employer, it is possible with the right documentation and application process. Extending your Tier 2 General Visa can be easier if you are still working with the same employer in a shortage occupation. Finally, after five years, you can apply for Indefinite Leave to Remain, granting you the freedom to work any job you desire. Understanding these regulations is crucial for maintaining and improving your visa status in the UK.

Keywords: Tier 2 General Visa, Changing Employment, Visa Extension, UK Immigration