It is a PBS immigration route and would require successful applicants to score 70 points in order to qualify. Applicants will also need to meet maintenance requirements.

English Language Requirements for Tier 2 Minister of Religion Visa Application

• The applicant scores 10 points for being a national of one of the English speaking Countries
• or having completed UK Bachelors level qualification in one of the English Speaking countries
• or having passed an approved English language test at CFER level B2

Maintenance requirements for Tier 2 (Minister of Religion) Visa

You must have £945 in your bank account for 90 days before the date you apply for maintenance purposes. This requirement may also be met if the sponsor certifies the applicant for maintenance purposes whilst issuing CoS i.e. Certificate of Sponsorship.

Validity of Tier 2 (Religious Minister) Visa

You can come to the UK with a Tier 2 (Minister of Religion) visa for a maximum of up to 3 years and 1 month, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter.

Requirements for Dependents of Tier 2 Religious Minister

Tier 2 Religious Minister Migrants are allowed to invite their spouses / partners and children less than 18 years of age to join them as their dependents and would have permission to work.

Each dependent must have access to at least £630 available to them at the time of their application which is in addition to the £945 the applicant must have to support her/himself.

Refusal of Entry Clearance Of Tier 2 (Minister Of Religion) Visa

If the entry clearance application is refused by the ECO (visa officer) in the overseas British Diplomatic post, the applicant will be given a right of review of the decision that must be exercised within 28 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the visa officer. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

Refusal of Leave to Remain

If the further leave to remain application is refused by the Home office, the applicant is granted right of administrative review of the decision that must be within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the Home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings

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Following persons may apply to switch to Tier 2 Minister of Religion Visa:

• Any Tier 1 – Main applicant (includes start up and innovator visa migrants)
• Any Tier 2 – Main applicant (with the exception of Tier 2 ICT who had their leave granted under the rules in the place after 06 April 2011).
• Any Tier 4 General migrant – provided he / she has completed at least Bachelor’s degree from a UK University.
• Dependent partner of a Tier 4 student (provided the applicant is assigned a restricted COS)
• Representative of an Overseas Business.

A Global Talent Migrant

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If your Tier 2 Minister of Religion visa is running out and your employer would like to extend your leave to remain, you will need to have a new Certificate of Sponsorship CoS and will be able to extend your Tier 2 Minister of Religion leave to remain in line with the newly assigned Certificate of Sponsorship.

English Language Requirements for Tier 2 Minister of Religion Visa extension

The Tier 2 Minister of Religion migrants will not need to take any further English language tests, since they have already met this requirement in their initial visa application.

Maintenance Requirements for Extension of Tier 2 Minister of Religion Visa Applications

The Applicant must demonstrate that he/ she has access to at least £945 in their bank accounts for 90 days prior to the date of their Tier 2 Minister of Religion Visa extension application. This requirement may also be met if the sponsor certifies the applicant for maintenance purposes while issuing CoS (Certificate of Sponsorship).

Certificate of Sponsorship for Tier 2 Minister of Religion

Once the sponsor [i.e. UK based licensed Employer] is allocated a sponsorship certificate to continue employing the Tier 2 Minister of Religion migrant, they need to issue to the applicant providing all the relevant details, and the applicant is then required to make his Tier 2 Minister of Religion visa extension application.

Visa Duration for Tier 2 Minister of Religion Visa Applications

The maximum stay with a Tier 2 (Minister of Religion visa in the UK is up to 3 years and 14 days, or the time given on the issued certificate of sponsorship plus 1 month, whichever is shorter.

Please note the Applicant can apply to extend the visa for up to another 5 years, as long as the total stay is not more than 6 years.

Extension of Dependents of Tier 2 Minister of Religion Visa

The dependents of Tier 2 Minister of Religion migrants will also need to apply for extension of their PBS dependent visas in line with the main Tier 2 Minister of Religion migrants.

Each dependent must have access to at least £630 available to them at the time of their application. This is in addition to the £945 the applicant must have to support her/himself.

Tier 2 Minister of Religion Refusal of Leave to Remain

If the further leave to remain application is refused by the Home Office, the applicant is granted right of administrative review that must be exercised within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the Home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

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Indefinite Leave to Remain (Settlement) is the first goal of all immigrants which makes them free of all sorts of immigration control, work or study restrictions, residence restrictions, and also entitles them to take public funds.

The Tier 2 Religious Minister migrants may make their application for ILR Indefinite leave to remain upon completion of the required time period and compliance of all requirements.

Which Visas can be included to complete 5 years in order to qualify for ILR?

Applicant having current leave under Tier 2 (Minister of Religion) may also make use of his former residence under the following categories in complete 5 years for his ILR application purposes:

1. Time spent as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant
2. Time spent as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant.

• Time spent as a Representative of an Overseas Business

1. Time spent as a Global Talent Migrant
2. Time spent as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:

• a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
• a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

Continued Employment

The applicant will need to provide evidence of the continuity of his employment with the same terms and conditions in addition to the fact that he has successfully completed 5 years in the UK in compliance with the immigration rules. 

Time Duration

 The applicant will need to reside in the UK for at least 5 years which start from the date when he / she first entered the UK or first granted leave to remain. They can however make their applications 28 days before completing their 5 years in the UK. If the applicants have delayed their first arrival in the UK for a maximum of 3 months, they may be able to commence their five years time period from the date of entry clearance instead of date of arrival.

Absence Allowed for Tier 2 Ministers of Religion

The home office has become quite generous in allowing absences for maximum 6 months in a year, provided the applicant is able to provide evidence that such absences (if that long) were work related.

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Spouse / Civil Partner / Unmarried Partner of the applicant and their children who are already on dependent visas, may also apply for ILR provided they also fulfil relevant criteria. If the partner has joined them before 09^th of July 2012, he or she must have remained in the UK for two years’ time, otherwise he / she must have completed at least 5 years of residence in the UK as the applicant’s dependent, in order to apply for ILR.

English Language requirements for Tier 2 Religious Minister ILR

You can prove English language requirements by having either:

• an English qualification at B1, B2, C1 or C2 level
• a degree taught or researched in English
• national of an English-speaking country

The requirement of English Language knowledge is exempt in cases when applicants are aged 65 or over or is unable to due to disabilities or is a citizen of countries that are exempt from.

Life in the UK Test for Tier 2 Religious Minister ILR

Another important part of fulfilling the knowledge of language and life requires you to pass the Life in the UK test.

The test is required under the Nationality, Immigration and Asylum Act 2002 and taken in order to test the knowledge of British life and sufficient proficiency in the English language.

Refusal of Indefinite Leave to remain Application

If the Indefinite leave to remain application is refused by the Home office, the applicant is be given a right of administrative review of the decision that must be exercised within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

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Since appeal rights have been taken away from most of the immigration categories, the applicants whose Tier 2 Religious Minister Visa entry clearance application or Tier 2 Religious Minister leave to remain application is refused, they are given right of administrative review against the refusal of Tier 2 Religious Minister Visa.

This is a procedure where the Tier 2 Religious Minister applicant is given an opportunity to challenge the refusal of Tier 2 Religious Minister Visa application by providing relevant arguments, or documents in some cases.

It is mandatory for the Home Office to give reasons of Tier 2 Religious Minister refusal along with the notice of decision and to inform the applicant about their rights of administrative review against Tier 2 Religious Minister refusal. The reasons of refusal shall disclose all the issues / concerns of the Home Office which have been identified by the immigration or Visa officer on the basis of the information / documents provided by the applicant or the information already held on record by the Home Office.

Time Limit to Make Tier 2 Religious Minister Visa Administrative Review Application

The applicants are required to make Tier 2 Religious Minister visa administrative review application within 14 calendar days to the Home Office (28 days from overseas). It is really important to meet the deadline as otherwise the Home Office may reject the application unless exceptional reasons for the delay are provided.

Grounds of Administrative Review for Tier 2 Religious Minister Visa

One has to carefully consider and draft the grounds of Administrative Review for Tier 2 Religious Minister Visa on which he or she may rely in their administrative review applications. This is an opportunity for the applicant to address all the concerns and issues raised in the notice of decision and the reasons of refusal of the immigration application. It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.

Drafting grounds of administrative review for Tier 2 Religious Minister Visa refusal is a specialized area of immigration work and should therefore be left for the experts to handle it.

Outcome of Tier 2 Religious Minister Visa Administrative Review

Once Tier 2 Religious Minister Visa Administrative review is lodged, a different caseworker considers the grounds of Tier 2 Religious Minister Visa administrative review and may make one of the following decisions:

1. 1. He may overturn the original decision and issue visa to the applicant.
   2. He may maintain the original decision along with all the reasons of refusal; or
   3. He may maintain the original decision of refusal but may decide to withdraw one or more reasons of refusal; or
   4. He may maintain the decision but with different or additional reasons to those specified in the decision under review.

Effect of Tier 2 Religious Minister Visa Administration Review

The applicant’s leave to remain remains in place by virtue of paragraph 3C of the Immigration Act 1971, till the decision of the Tier 2 Religious Minister Visa administrative review provided he had valid leave to remain prior to making the relevant immigration application. He will not be eligible to make a fresh application whilst the decision on the Administrative Review is pending.

Further Options

If the decision maker maintains the decision of Tier 2 Religious Minister Visa application refusal, the applicant may make a fresh Tier 2 Religious Minister Visa application within 14 days from the date of refusal of administrative review or may also lodge Judicial Review proceedings if it is considered that both the decision maker of the original application and of the Administrative review application made an error in the consideration of the said applications.

Again, it is extremely important to seek professional help in making decision whether to make a fresh Tier 2 Religious Minister visa application or to proceed in the Judicial review against Tier 2 Religious Minister Visa refusal or to choose both, depending on the individual’s circumstances.

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A Judicial Review is a check and review procedure conducted by the Upper Tribunal (Immigration & Asylum Chambers) or the High court on the decisions made by the executive body (i.e. Home Office).

If the Home Office decides to maintain the decision of Tier 2 Religious Minister Visa application refusal as a result of administrative review application, the applicant may lodge judicial review proceedings against the Tier 2 Religious Minister Visa refusal. There is a 3 months’ time limit on bringing the Judicial Review proceedings against the refusal of Tier 2 Religious Minister Visa application.

Pre-Action Protocol against Tier 2 Religious Minister Visa refusal

Generally, the first step being a Pre-Action protocol letter is issued to the Home Office before initiating Tier 2 Religious Minister Visa Judicial Review JR process in the Upper Tribunal (Immigration & Asylum Chambers).

It is really important to assess the details of the matter, analyze the merits and proceed most effectively in order to obtain relief. This is an opportunity given by the claimant to the litigation team of the Home Office to review the matter in the light of the representations or submissions made in the Pre-action protocol letter. We generally give 14 days of notice to the Home Office to respond to our Pre-action Protocol letter.

The most important thing is to identify the issues raised by the Home Office and to see whether a fair decision has been made in the light of the information or documents available. Our job is to address those issues effectively and make a good case for the litigation team to review the decision. We have been quite successful in persuading the litigation team of the Home Office in reconsidering the decision and a number of our clients did not need to go further in the Judicial Review process and were given relied just on the basis of the pre-action protocol letter.

Permission Application (on papers) – Grounds of Judicial Review for Tier 2 Religious Minister Visa Refusal

If the Home Office Litigation Team refuses to overturn the decision, we shall then lodge JR review permission application in the Upper Tribunal by preparing grounds of Judicial review for Tier 2 Religious Minister visa refusal.

Time to Lodge JR Application – Tier 2 Religious Minister Refusal

The deadline to lodge Judicial Review Permission application is 3 months from the date of the refusal of Tier 2 Religious Minister Visa Application.

Grounds of Judicial Review – Tier 2 Religious Minister Visa Refusal

One has to carefully consider and draft the grounds on which he or she may rely in their permission application for Judicial review to the Upper Tribunal against the refusal of Tier 2 Religious Minister Visa Application. The main point here is to identify an error of law in the notice of refusal of Tier 2 Religious Minister Visa application. It needs to be assessed whether the visa officer (ECO) has made a fair decision in the light of the relevant law, rules or regulations with reference to the decisions of the superior courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Once Judicial Review against refusal of Tier 2 Religious Minister application is lodged, the Respondent i.e. the Secretary of State for Home Department has 6 weeks to file “Acknowledgment of Service” along with the grounds of defense. The Upper Tribunal taking account of arguments and documents presented by both parties, makes a decision.

The Upper Tribunal may take one of the following actions:

• Grant permission for Judicial Review on all grounds against the refusal of Tier 2 Religious Minister Visa Application
• Grant permission for Judicial Review on one or more grounds
• Refuse permission for Judicial Review

Whatever stage we come on board, we make sure to work in the best interests of our clients and have successfully represented many of our clients in such matters.

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