TIER 2 Sportsperson
There are four categories of Skilled Worker applicants who will require a certificate of sponsorship from their sponsors in order to make a visa application in line with the certificate:-

TIER 2 (General)
TIER 2 (Minister of Religion)
TIER 2 (Sportsperson)
TIER 2 (Intra-Company Transfer)

Tier 2 (Sportsperson)

Only elite sports people and coaches who are internationally established at the highest level would be able to apply under this category.  Applicants have to score at least 70 points in total to successfully apply and they can claim the following points under the heads of Attributes, English Language and Maintenance:-

The Home Office will now check that applicants are genuine and that they intend to meet the conditions of the leave they apply for.

Tier 2 minimum income threshold, £35,000, for settlement comes into effect from 06.04.2016

A. Scoring Sections

I Attributes

Initial Applications

The applicant has to score 50 points under this section that can only be claimed by having a valid certificate of sponsorship from his or her sponsor.  Before a certificate of sponsorship can be issued, the sponsor is required to get an endorsement (a letter of confirmation) from its governing body confirming that the applicant is an internationally established professional sports person or coach and will make a significant contribution to the development of his or her sport at the highest level in the UK and that the position could not be filled by a suitable settled worker.

Extension Applications

The applicant has to score 50 points under this section that can be claimed only by having a valid sponsorship certificate from his or her sponsor and a fresh endorsement from the governing body of the sponsor.

II English Language

For Tier 2 (Sportsperson) applicants, it is a requirement to provide evidence that they speak, communicate and understand English language to a certain level. This can be done in three ways:

  • By being a national of one of the majority English speaking countries, i.e. USA, Australia, Canada, etc.
  • By having a UK Bachelors degree level equivalent qualification from a majority English speaking country or that was taught in English (verified by UK NARIC as equivalent) – please note Canada is not included in this respect
  • By having passed an approved English language test to the ‘basic user standard’ (equivalent to A1 CEFR)

This will give the applicant 10 points.

The following persons however would automatically be given 10 points under this section:

  • Those who were last granted leave under Tier 1 (General), Tier 1 (Entrepreneur) or the HSMP after 07th of November 2006.
  • Those who were last granted leave under a Tier 2 (Sportsperson) category and are making an application for an extension within the same category.
  • Those who are making an application under the transitional arrangements
  • Those who are making an application as a result of a change of employment where: they have already provided evidence of meeting the English language requirement as a Tier 2 migrant; they were granted leave as a Minister of Religion on or after 23 August 2004.

III Maintenance

Applicants will need to score 10 points under this section. This can be possible in the following ways:

  1. Providing  the last 3 months’ bank statements prior to the date of application (with a closing balance dated not more than one month before the date of application) showing a balance of at least £945 at all times; or
  2. The employer (sponsor) can certify that they will provide maintenance and accommodation during the first month of his employment in the UK. Please note that only A rated sponsors are be able to certify maintenance for prospective workers.

Exemptions: the following persons having leave to remain or leave to enter in these categories would automatically qualify for 10 points:

  • Tier 2 Migrant
  • Work Permit Holders
  • Jewish Agency Employee
  • Member of Operational Ground Staff of an overseas owned Airline
  • Minister of Religion, Missionary or Member of a Religious Order
  • Representative of an overseas Newspaper, News Agency or Broadcasting Organization
  • A Person who obtains points under Post Study work provisions and applies to switch to Tier 2 (Sportsperson).

Maintenance for Dependants: The applicant would also be able to sponsor his dependants (spouse, unmarried partner, civil partner, children under 18 years of age) provided he can provide the required evidence of having £630 for each dependant in addition to the £945 that he requires for himself or herself.

The sponsor of the applicant will not be able to certify the maintenance of the dependants of the prospective employee.

B. Transitional Measures

An applicant can apply under the Tier 2 Sportsperson transitional arrangements where he or she has, or was last granted, leave as a Work Permit holder.  Such applicants must comply with the following conditions:

  • The applicant must have a certificate of sponsorship reference number issued by a licensed sponsor; and
  • The applicant must have a governing body endorsement

The applicant will be awarded 10 points each for English language and maintenance requirements.

C. Duration of Tier 2 (Sportsperson)
  • Successful applicants for entry clearance would be given a visa for 3 years and 1 month or for a period equal to the length of the period of engagement plus 1 month,  whichever is the shorter
  • Those who are already on a Tier 2 (General) visa would be given a visa for 2 years or for a period equal to the length of the period of engagement plus 14 days,  whichever is the shorter (if the application is not for a change of employment)
  • If the application is for a change of employment, those who are already on a Tier 2 (General) visa would be given a visa for 3 years or for a period equal to the length of the period of engagement plus 14 days,  whichever is the shorter
  • Those who are applying for extensions under the transitional measures would be able to get the balance of the duration to enable them complete 5 years on a Work Permit or the duration stated on the sponsorship certificate whichever is less (unless that period is less than 2 years in which case they would be granted a further 2 years’ stay or a period equal to the length of the period of engagement plus 14 days,  whichever is the shorter)

D.    Work Allowed

Applicants having leave to remain or leave to enter under the Tier 2 (Sportsperson) category would be allowed to take supplementary employment that must meet the following criteria:
  • is outside of their normal working hours;
  • is no more than 20 hours per week;
  • is within the same profession at the same professional level as the work for which the Certificate of Sponsorship was issued
  • playing for the national team when they are in the UK

In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.

E.    What work is not allowed?

Tier 2 workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining permission from the Home Office.  They are also not allowed to hold more than 10% shares in the sponsor company if it is a limited (unless applying under the Intra Company Transfer category).

F.    Switching Rules

The following persons are able to switch into one of the above categories of Tier 2, provided they fulfil all the requirements:
  • Tier 1 Migrant
  • Tier 2 Migrant
  • Highly Skilled Migrant
  • Innovator
  • Member of Operational Ground Staff of an overseas owned Airline
  • Minister of Religion, Missionary or Member of  a Religious Order
  • Overseas Qualified Nurse or Midwife
  • Person writing up a Thesis
  • Post graduate doctor or dentist
  • Qualifying work permit holder
  • Representative of an overseas newspaper, News Agency or Broadcasting organization
  • Student
  • Student nurse
  • Student Re-sitting an examination
  • Student Union Sabbatical Officer

No one else is allowed to switch into the Tier 2 categories in the UK.

Administrative Review (Entry clearance applications only)

If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right to make a request for a review of the decision that must be exercised within 28 days of the date of service of the decision. The applicant will only be able to rely on the information/documents already submitted with the application and will not be allowed to provide or submit any fresh evidence with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

Appeals (In country Applications only)

Applicants whose Tier 2 extension applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, applicants are no longer allowed to make use of fresh evidence in order to challenge the decision of the Home Office (unless appealing on human rights, asylum or race discrimination grounds) and can rely only on the evidence submitted with the application. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.

It is strongly advised to seek professional assistance in lodging an appeal against any decision of Home Office.

Settlement Prospects

Tier 2 workers can apply for permanent settlement in the UK on completion of a total of five years in the following categories, most recently having Tier 2 leave to remain:

  1. Tier 1 (General / Investor / Entrepreneur)
  2. Highly Skilled Migrant Program
  3. Self employed Lawyer
  4. Writer, Composer or Artist

Dependants would also be allowed to apply for settlement with the main applicant if they had last been granted leave as a dependant of the main applicant (in respect of partners, provided they have lived with the main applicant in the UK for at least two years).

What services can we offer?
  • We can advise on the procedure of making the Tier 2 application in line with the sponsorship certificate
  • We can assess the job and the applicant`s details and advise on the likelihood of the applicant being sponsored under Tier 2
  • We can advise and represent our clients in making their leave to remain/entry clearance applications in line with the certificate of sponsorship
  • We can advise and represent our clients’ dependants to seek dependant visas in line with the visa of the main applicant.
  • We can offer a Super Premium Service where the Home Office will visit the applicants in order to process the applications within 24 hours (for further leave to remain only).
  • We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s application is refused for some reason
  • We can advise in making applications for indefinite leave to remain for those who have already completed the five years’ qualifying period in the UK

Whatever the case, we are here to assist, advise and represent our clients in relation to any aspect of their immigration matters.

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