TIER 2 SPORTSPERSON VISA APPLICATION

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Tier 2 Sportsperson is for elite sportsperson or coach whose employment in the UK will make a significant contribution to the development of the specific sport at the highest level.

In order for a Certificate of Sponsorship to be issued to the prospective Tier 2 (Sportsperson) migrant, the UK based employer [i.e. sponsor] will need to obtain an endorsement for the applicant from the appropriate governing body for the relevant sport of the application. The endorsement should confirm that the application is an internationally established player or a sports coach and will make a significant contribution to the development of the relevant sports at the highest level in the UK and also that the position cannot be filled by a suitable resident worker.

REQUIREMENTS FOR THE APPLICANT IN TIER 2 SPORTS PERSON VISA

It is important to note that you will be required to have a certificate of sponsorship to be able to apply for leave to enter or leave to remain while remaining in the UK provided you are able to switch to Tier 2-Sports person visa. 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 the English language requirements as well as the maintenance requirements.

Applicant’s Prospective Salary for Tier 2 Sports Person Visa

The Applicant need to be paid at least £30,000 per year or the appropriate rate fee for the job offered, whichever is higher, except where the applicant is a “new entrant”.

English Language Requirements for Tier 2 Sports Person Visa

  • 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 B1
  • or having provided evidence of English language (equivalent to B1 or above) in another immigration application.

Maintenance Requirements in Tier 2 Sports Person Visa

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 application for Tier 2 Sports Person Visa. This requirement may also be met if the sponsor certifies the applicant for maintenance purposes while issuing CoS (Certificate of Sponsorship).

Certificate of Sponsorship

Once the sponsor [i.e. UK based licensed Employer] is allocated a sponsorship certificate to employ an overseas national, based abroad or in the UK, they need to issue to the applicant providing all the relevant details, after conducting the Resident Labour Market Test [if applicable] and the applicant is then required to make his entry clearance application or leave to remain, if already in the UK and is able to switch.

Visa Duration for Tier 2 Sports Person Visa

The maximum stay with a Tier 2 (Sports Person) initial 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.

DEPENDENTS OF TIER 2 SPORTS PERSON VISA

Tier 2 Sports Person migrants are allowed to invite their spouses / partners and children under 18 years of age to join them as their dependents and they may also qualify for ILR upon completion of the required period of time. The dependents will be able to work in the UK.

Requirements for PBS Dependent Tier 2 Sports Person Visa applications

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

Indefinite leave to Remain for Tier 2 Sports Person Migrants

This immigration category leads to settlement upon completion of 5 years of residence in the UK and applicants can make their application together with any dependents provided that the employer certifies that the applicant is still required for the job.

Refusal of Entry Clearance of Tier 2 Sports Person Visa

If the Tier 2 Sports Person application (entry clearance) 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 Tier 2 Sports Person Applications (Leave to Remain)

If the Tier 2 Sports Person Visa  (leave to remain) is refused by the Home office, the applicant is granted right of 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.

SWITCHING TO TIER 2 SPORTS PERSON VISA

Who can switch to Tier 2 Sports Person Visa?  

Following persons may apply to switch to Tier 2 Sports Person 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

TIER 2 SPORTS PERSON VISA EXTENSION APPLICATION

If your 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 and will be able to extend your leave to remain in line with the newly assigned Certificate of Sponsorship.

Requirements for the Applicant in Tier 2 Sports Person Visa Applications

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.

Applicant’s Prospective Salary for Tier 2 Sports Person Visa

The Applicant need to be paid at least £30,000 per year or the appropriate rate fee for the job offered, whichever is higher.

English Language Requirements for Tier 2 Sports Person Visa extension

The Tier 2 Sports Person 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 in Tier 2 Sports Person 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 Sportsperson 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

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

Visa Duration for Tier 2 Sports Person Visa Applications

The maximum stay with a Tier 2 (Sportsperson) 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.

Dependents of Tier 2 Sports Person Visa

The dependents of Tier 2 Sports Person migrants will also need to apply for extension of their PBS dependent visas in line with the main Tier 2 sports person 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.

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.

ILR- TIER 2 SPORTS PERSON

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. Here we will discuss about applying for ILR on the basis of having completed the required time period and compliance with the relevant immigration rules.

Tier 2 (Sports person) is for elite sportsperson or coach whose employment in the UK will make a significant contribution to the development of the specific sport at the highest level.

The Tier 2 (Sports Person) migrants may make their application for ILR upon completion of the required time period and compliance of all requirements.

Minimum salary for ILR for Tier 2 Sports Person migrants

At present, the minimum salary requirement for indefinite leave to remain for Tier 2 Sports Person migrants is £36,200 a year.

From 6 April 2020 – £36,200;

From 6 April 2021 – £36,900.

There are some exceptions to this requirement.

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

Applicants having current leave under Tier 2 (Sports Person) 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.

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 year time period from the date of entry clearance instead of date of arrival.

Absence Allowed

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.

Dependents of Tier 2 Sportsperson

 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 09th 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 Sports person ILR

You can prove English language requirements by having either:

  • an English qualification at B1 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 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.

ADMINISTRATIVE REVIEW / JUDICIAL REVIEW

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.

Why to instruct Chauhan Solicitors to Apply for Tier 2 Sportsperson Visa Application

We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for Tier 2 Sportsperson Visa Application.

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