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Lawyer21
Lawyer21, CILEx Lawyer & SRA Accredited Immigration Adviser
Category: Immigration Law
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Experience:  CILEx Lawyer & SRA Accredited Immigration Adviser
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I want to know about the work permit for UK. I'm from Brazil

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I want to know about the work permit for UK. I'm from Brazil and a job opportunity appeared to me in London, but they want that I get my visa first.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I haven't taken any steps yet. I haven't filed any paperwork with the UK government yet. Brazil, I'm Brazilian.
JA: Have you talked to a lawyer about the visa?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That would be all, I think.

Hi How can I help?

I will read your question and respond

I will send out the requirements for you to enter the UK on a Tier 2 Work Permit visa.

Customer: replied 1 year ago.
Also, it is important to know that this job opportunity is within the current organization that I work now.

The Tier 2 General visa category is for individuals who have an offer of a skilled job in the UK from a licensed Tier 2 Sponsor. This category includes applicants coming to the UK to fill shortage occupations. You will need to have an offer of employment before applying for a visa.

In order to qualify for a Tier 2 General visa, you will need to satisfy UK Visas and Immigration that:

  • You have a job offer in the UK from an employer that holds a Tier 2 Sponsor License;
  • The job you are sponsored for is at least graduate level or a specified creative profession;
  • The job is on the Home Office’s list of skilled occupations;
  • You will be paid a minimum salary of £30,000 (£20,800 for some applicants) or the minimum for the exact job you are doing, whichever is higher;
  • The job offer is a genuine vacancy and you are appropriately qualified or registered to do the job.

Your Sponsor will need to show that there is no suitable settled worker to fill the role. In most cases, they will need to prove that they have undertaken a genuine ‘Resident Labour Market Test’. This normally means that they have advertised the role for at least 28 days in two places and no suitable settled worker has applied.

A Resident Labour Market Test is not required in cases where the job is on the Shortage Occupation List,

You will need to be competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening and speaking) and have enough additional money to support yourself without relying on public funds.

What else do I need to know about the Tier 2 General visa?

If your application for a Tier 2 General visa is approved then your first visa can be valid for a maximum period of 5 years and 14 days, or the time given on your Certificate of Sponsorship plus 1 month, whichever is shorter. Your stay must start no more than 14 days before the start date on your Certificate of Sponsorship.

Your partner and any children under the age of 18 may accompany you as your dependents.

You can apply to extend your stay for up to another 5 years, as long as your total stay is not more than 6 years.

Customer: replied 1 year ago.
My employer says that they are not able to sponsor the visa, as the job doesn't meet the minimum requirements set by the UK Home Office. I wish to know what that means, exactly.

Does your employer has a Tier 2 Sponsorship Licence

Customer: replied 1 year ago.
Probably, my employer is Amazon.

I will send you link so you can check whether they are on the list of Tier 2 Sponsors based in the UK. I will also send you the list of jobs recognised under the Codes of Practice

Thank you

Customer: replied 1 year ago.
They are there. But what does this mean, exactly? When she said the job doesn't meet the requirements to the UK Home Office and therefore they are unable to sponsor my visa?

It means that you do not meet the job criteria on the Code of Practice in order to be recognised as a Tier 2 worker under Appendix J of the Code of Practice

Customer: replied 1 year ago.
Well, the criteria that she used it was the possibility to find another person to the job, with the work permit, within UK. They would have to prove that?

Your Sponsor will need to show that there is no suitable settled worker to fill the role. In most cases, they will need to prove that they have undertaken a genuine ‘Resident Labour Market Test’. This normally means that they have advertised the role for at least 28 days in two places and no suitable settled worker has applied.

Thank you for your question today.

Before you go,

I would be grateful if you will give me a positive rating by clicking on the above stars and press submit. I would appreciate it

Customer: replied 1 year ago.
can I apply to the visa myself? Are there other kinds of visa that I can look that allows me to work in UK?

You must have a Tier 2 sponsor. You should not give up. I will send you a link which is the largest recruitment company in the UK.

Thank you and take care

Customer: replied 1 year ago.
Thank you!

Most welcome

Kindly do remember to provide a positive rating by clicking on the above stars and press submit. I would appreciate it

You would need to click on where it says Rating - press on the stars and press submit

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