UK immigration blog news and updates from IQA Immigration Specialists
The rights and responsibilities of Tier 2 workers and their dependants
Factsheet for Tier 2 Sponsored Workers
After frequently receiving various immigration and travel related queries from HR professionals and Tier 2 visa holders, I have drafted a factsheet on the rights and responsibilities of Tier 2 workers. This provides a brief overview of dependant family visas, overseas travel, change of circumstances and police registration.
Tier 2 Sponsored Workers - Rights & Responsibilities
Dependants: You can apply for your spouse, partner or child under 18 years old to live with you in the UK as Tier 2 dependants. They will need to provide evidence of their relationship to you, proof that they meet the maintenance requirement and a copy of your UK visa if applying after you.
Child born in the UK: If you have a child whilst you are in the UK, you can apply for them to have a Tier 2 dependant’s visa in line with your leave. You must first obtain a passport for them and a full birth certificate. There is no urgent requirement for your child to obtain permission to stay in the UK but it must be done before they travel out of and re-enter the UK.
Child born outside the UK: If your child is born overseas, you must ensure that they obtain a Tier 2 Child Entry Clearance Visa from the country you are in before they come to the UK to live with you.
Renewing your passport: If your passport which holds your current UK visa expires, it is not necessary to transfer your visa to your new passport. You may travel into and out of the UK with both your new passport and your old passport containing your current UK visa. However, for business travel purposes, some countries will request to see your UK residence visa and will only consider it to be valid if it is in your current passport. If you would like to transfer your visa, you can apply for a Transfer of Conditions to change your UK visa to a Biometric Residence Permit (BRP) card.
Change of employment circumstances: Your Tier 2 visa has been issued for the exact role as it is stated on your Certificate of Sponsorship (CoS). Any changes to your role (including salary, job title, core duties, working hours, location etc.) must be reported to UK Visas and Immigration and you may be required to submit a new application. Any change to your immigration status (e.g. switching category or obtaining ILR) must be reported to your employer immediately. You should contact the relevant person within your company for more information.
Change of personal circumstances: If there are any changes to your personal circumstances, including name or address, you must inform UK Visas and Immigration. Depending on the changes, you can do this online or by submitting a Migrant Change of Circumstances form. More information can be found on the government website: https://www.gov.uk/change-circumstances-visa-brp
Extending your current visa: In some cases, you may be eligible to extend your current Tier 2 visa if your company chooses to continue your sponsorship. You can apply for a renewal up to 3 months prior to your current leave expiring.
Police Registration: Only certain nationalities will be required to register with the police. If you are required to do this, your visa will clearly state ‘Police registration within 7 days of arrival’. The fee is £34 which is payable at the police station. You will also need to bring your passport, 2 passport photos and your BRP if applicable. Details of registering in your area can be found on the government website: https://www.gov.uk/register-with-the-police
This factsheet has been provided for information purposes only. Please always ensure to check the most up to date information on the government website.