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Tier 2 (General)

Conditions of your stay

This page explains the conditions of your stay in the UK under Tier 2 (General) of the points-based system.

How long can you stay in the UK?

If you successfully applied from outside the UK, you can come here under Tier 2 (General) for a maximum of 3 years plus 1 month, or the time given on your certificate of sponsorship plus 1 month, whichever is shorter. This period must begin no more than 14 days before the start date on your certificate of sponsorship.

You can remain in the UK for a maximum of 3 years plus 14 days, or the time given on your certificate of sponsorship plus 14 days, whichever is shorter if you were already in the UK and you previously held leave granted under the Rules in place before 6 April 2011, as a:

  • Tier 2 (General) migrant;
  • Tier 2 (Minister of Religion) migrant;
  • Tier 2 (Sportsperson) migrant;
  • Jewish agency employee;
  • member of the Operational Ground Staff of an Overseas-owned Airline;(6) a Minister of Religion, Missionary or Member of a Religious Order;
  • qualifying work permit holder; or
  • representative of an overseas newspaper, news agency or broadcasting organisation.

This period will begin on the start date given on the certificate of sponsorship. If your application was decided early, you can stay in the UK between the date of our decision and the start date on your certificate of sponsorship. You must not have been granted entry clearance as a Tier 2 migrant under the Rules in place since 6 April 2011 or entry clearance, leave to enter or leave to remain in other immigration category since your last grant of leave in one of the above categories.

If you are already in the UK under Tier 2 (General), you can apply to extend your permission to stay in this category. See 'Applying inside the UK' for more information. If we approve your application, we will extend your permission to stay by another 3 years, or the time given on your certificate of sponsorship plus 14 days, or the time required to take your total stay in the UK to a maximum of 6 years, whichever is shorter.  If your application is decided early, you can stay in the UK between the date of our decision and the start date on your certificate of sponsorship.

You may be able to apply for settlement in the UK when you have been here for some time. The Settlement page contains more information.

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What can you do while you are in the UK?

While you are in the UK under Tier 2 (General):

  • you must not own more than 10 per cent of your sponsor's shares; and
  • you will have no access to state benefits or other public funds.

You must register with the police if:

  • your total stay in the UK will be more than 6 months; and 
  • you are a national of a country listed in Appendix 2 of the Immigration Rules.

The only work that you can do is:

  • the job described in your certificate of sponsorship, working for your sponsor; and
  • a supplementary job in the same sector and at the same level, or in a job on the shortage occupation list, for up to 20 hours per week (see 'More information' below); and
  • voluntary work (see 'More information' below).

The While you are in the UK section of this website contains general information about your rights and responsibilities as a migrant in the UK.

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More information

  • Can you do other work (supplementary and secondary employment) in addition to your main job?

    You can do other work in addition to your main job (for which your certificate of sponsorship was assigned).

    You do not need to inform us of this additional work (known as 'supplementary employment') if:

    • it is in the same profession and at the same professional level as the work for which your certificate of sponsorship was assigned or a job in the shortage occupation list; and
    • you do this work for no more than 20 hours per week; and
    • outside your normal working hours for your main job.

    If you want to do any other type of paid additional work (known as 'secondary employment'), the work must be with a licensed sponsor. That sponsor must assign a new certificate of sponsorship to you, and you must make a new application to us. This application must include a letter explaining that you want to change your current permission to stay. The letter must also state:

    • your name
    • your date of birth
    • your first certificate of sponsorship reference number (from your current permission to stay)
    • the date when your current permission to stay expires.

    Your new application must meet all the Tier 2 criteria, so your sponsor may need to carry out a resident labour market test. We will consider your application separately from your first application.

    You cannot apply for secondary employment until you have started work with your first sponsor, and you cannot start work with your second sponsor until we have approved your application for secondary employment.

  • Can you do voluntary work?

    You can do voluntary work in any sector, in addition to your job stated on your certificate of sponsorship.

    You must not be paid for your voluntary work, except for reasonable expenses as outlined in section 44 of the National Minimum Wage Act.

  • If your sponsor changes your job or your working hours

    You must apply to us for permission to change your employment if:

    • there is a change to your core duties which means that your job is now in a different Standard Occupational Classification (SOC) code other than one related solely to the reclassification from SOC 2000 to SOC 2010; ; or
    • there is a change to your core duties which means that your job is no longer on the shortage occupation list (if your certificate of sponsoirship was assigned on the basis that your job was on the shortage occupation list); or
    • your salary reduces from the level indicated on your current certificate of sponsorship or work permit (unless this is caused by a temporary company-wide reduction in working hours and salaries - see the 'Temporary reduction in working hours' below - or by maternity or adoption leave or changes to your core duties which means your job changes within the same SOC code provided your pay remains above the acceptable rate for the new job).

    To find out how apply for permission to change your employment, see 'If you want to leave your job and start a new job'.

    You do not need to apply to us if your job changes in other ways (for example, because you change to a new job with the same employer in the same SOC code, your pay increases, or you move to a new job under TUPE arrangements following a takeover, merger or de-merger).

    Temporary reduction in working hours

    If you reduce your working hours and your salary decreases as a result, you must normally apply to us for permission to change your employment. However, you will not need to apply to us if:

    • you are currently a work permit holder or a Tier 2 worker; and
    • you are continuing to work in the same job, with reduced working hours; and
    • the reduced working hours are part of a company-wide policy to avoid redundancies; and
    • your employer is not treating migrant workers more favourably than resident workers; and
    • any reduction in your salary is proportionate to the reduction in your hours and is not more than 30 per cent; and
    • the arrangements will be in place for no more than 1 year.

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