Immigration Corner | Getting a visa to work in the UK

Dear Mr Bassie:

I have a unique skill and I have been offered a job that is commensurate with my skill in the United Kingdom. I am being told that I should be able to obtain a visa to work over there. Is this true? If so, please advise.

- G.E.

Dear G.E.,

Persons can apply for a Tier 2 (general) visa if they have been offered a skilled job in the United Kingdom and if they are from outside the European Economic Area and Switzerland.

Those persons will need to be employed by a licensed sponsor to apply to live in the United Kingdom.

The sponsor checks that those persons can do the job that they are being hired for and if it qualifies them for a visa. The sponsor will then assign those persons a certificate of sponsorship to prove this. The sponsor must also provide other information which the applicant will need when applying. For example, how much he or she will be paid.

Persons can apply for a visa up to three months before the day that they are due to start work in the United Kingdom. This date is listed on the certificate of sponsorship. If applying from outside of the United Kingdom, persons should get a decision on their visa within three weeks.

 

FEES

 

How much you pay for a Tier 2 (general) visa depends on your situation, where you are and how you apply. A visa for up to three years, when applying from outside the United Kingdom, costs £610 and an additional £610 for each additional dependent. A visa for more than three years costs £1,220 and an additional £1,220 for each additional dependent.

If the visa is for a job where there is a shortage of workers in the United Kingdom, then a visa for up to three years, when applying from outside the United Kingdom, costs £464 and an additional £464 for each additional dependent.

Persons should be aware that they will also have to pay the healthcare surcharge as part of their application and they should check how much they will have to pay before applying.

 

LENGTH OF STAY

 

Persons can go to the United Kingdom with a Tier 2 (general) visa for a maximum of five years and 14 days, or the time given on their certificate of sponsorship plus one month, whichever is shorter. Persons can start their stay up to 14 days before the start date on their certificate of sponsorship.

The visa will permit a person to:

- Work for the sponsor in the job described in the certificate of sponsorship.

- Take a second job in certain circumstances.

- Do voluntary work.

- Study, as long as it does not interfere with the job that they are sponsored for.

- Travel abroad and return to the United Kingdom.

- Take his or her family members over there.

However, a person cannot:

- Own more than 10 per cent of their sponsor's shares, unless he or she earns more than £159,600 a year.

- Get access to public funds.

- Apply for a second job until he or she has started working for the sponsor.

Good luck!

- John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email:lawbassie@yahoo.com.