Q&As

Is a Tier 2 sponsor under any obligation under immigration or employment law to issue a new certificate of sponsorship to a sponsored employee to enable them to apply for an extension to their Tier 2 visa?

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Produced in partnership with Bilal Ehsan of Latitude Law
Published on LexisPSL on 15/10/2018

The following Immigration Q&A produced in partnership with Bilal Ehsan of Latitude Law provides comprehensive and up to date legal information covering:

  • Is a Tier 2 sponsor under any obligation under immigration or employment law to issue a new certificate of sponsorship to a sponsored employee to enable them to apply for an extension to their Tier 2 visa?
  • The position under immigration law:
  • The position under employment law

Is a Tier 2 sponsor under any obligation under immigration or employment law to issue a new certificate of sponsorship to a sponsored employee to enable them to apply for an extension to their Tier 2 visa?

The position under immigration law:

The rules in respect of Tier 2 extension applications can be found at Immigration Rules, Part 6A, Para 245HD. It states as follows:

‘…(f) If applying as a Tier 2 (General) Migrant, the applicant must have a minimum of 50 points under paragraphs 76 to 79D of Appendix A.

(g) If applying as a Tier 2 (Minister of Religion) Migrant, the applicant must have a minimum of 50 points under paragraphs 85 to 92A of Appendix A.

(h) If applying as a Tier 2 (Sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A.’

In respect of Tier 2 (General) migrants, Immigration Rules, Appendix A, para 77C states:

‘A Certificate of Sponsorship reference number will only be considered to be valid if:

(a) the number supplied links to a Certificate of Sponsorship Checking Service entry that names the applicant as the migrant and confirms that the Sponsor is Sponsoring him as a Tier 2 (General) Migrant.’

In respect of Tier 2 (Minister of Religion) migrants, Immigration Rules, Appendix A, para 89 states:

‘A Certificate of Sponsorship reference number will only be considered to

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