The Home Office have created this category to replace the work permit scheme and simply the process and procedures. This category allows people coming to the United Kingdom with a skilled job offer to fill a gap in the workforce that cannot be filled by a settled worker. It is a must that you have a UK employer who is a valid licence holder to sponsor you and can issue a valid certificate of sponsorship.
When you apply for leave to enter/remain, you will score points on various categories including the following:
§ qualifications;
§ future expected earnings;
§ sponsorship;
§ English language skills; and
§ available maintenance (funds).
Those who wish to apply under this work category can do so if they apply from outside the United Kingdom in a form of entry clearance, able to switch into the Tier 2 General category or is extending their stay.
If your application is successful, you are able to live and work in the United Kingdom for a maximum of 3 years. If you apply to extend your visa, the maximum allowed to remain is further 2 years.
If you are given permission to extend your stay in the United Kingdom and your previous permission to stay was as a work permit holder, you can still apply under the transitional arrangements for permission to stay for a time that takes you to five years in the United Kingdom. For example, if you have been here for two and a half years with permission as a work permit holder or under the transitional arrangements, you can apply for a further two and a half years permission to stay.
If this means you would get permission to stay for less than a further two years, you can apply for permission to stay for two years instead. For example, if you have been here for four years with permission as a work permit holder or under the transitional arrangements, you can apply for a further two years permission to stay.
You may apply for settlement once you have been here for five years. If you do not, you must apply under the points-based system and make a new application.
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