Switching into Tier 2 (Sportsperson)
Produced in partnership with Philip Trott of Bates Wells
Switching into Tier 2 (Sportsperson)

The following Immigration practice note produced in partnership with Philip Trott of Bates Wells provides comprehensive and up to date legal information covering:

  • Switching into Tier 2 (Sportsperson)
  • Cooling-off periods
  • Applications from overstayers
  • Switching from categories other than Tier 4
  • Additional requirements for persons switching from Tier 2 (Intra-Company Transfer)
  • Switching from Tier 4
  • Requirements for switching from student categories
  • Tier 4 (General) students starting work pending the decision on a Tier 2 application
  • Professional footballers and switching

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC 813. For further information on these changes, see: LNB News 22/10/2020 80. See also Practice Note: The post-Brexit immigration system: what will it look like?

This Practice Note details the categories from which a non-EEA national can apply for leave to remain in the Tier 2 (Sportsperson) category and the additional requirements for students who are switching (where this is permitted). It also confirms the position on when relevant persons with leave under Tier 4 (General), who have been issued with a Certificate of Sponsorship (CoS), can start work pending a decision on their Tier 2 leave to remain application.

Cooling-off periods

Note that, subject to the two exceptions below, where a person has previously switched from any Tier 2 category into another category, they will not be able to apply for leave to remain to switch into Tier 2 (Sportsperson) until 12 months have elapsed from the date that leave was granted in the non-Tier 2 category. From 6 April 2014, an applicant under Tier 2 (Sportsperson) will be exempt from this cooling-off period and able to apply for leave to remain immediately if their CoS entry records that they will earn a gross annual salary which is

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