Immigration - Tier 2 visa workers

28th April 2020

In a move designed to reassure foreign nationals working in the UK, the Home Office has confirmed that people working under a Tier 2 visa (a job dependant visa) will not be considered over-stayers if,  after January 24th they no longer have a job and they are unable to leave the UK because of the lock down or self isolation.  

This exemption will last until 31st May, but may be extended further as the Coronavirus pandemic continues.

Tier 2 holders who are furloughed remain employees but going forward and once the lock down is over, if there are redundancies then under existing rul es Tier 2 holders would unless they had some other grounds to remain generally have to leave the UK within 60 days from the date of their redundancy.  

In order to be granted a Tier 2 visa in the first place, the worker often has to earn above £30,000 per year and their employer is required to provide confirmation that they are doing a job which a worker in the UK could not do.  

If the Tier 2 holder is made redundant, there is nothing to prevent them from finding a new job but the prospects for job finding a job coming out of the pandemic are probably going to be quite poor.

Where the Tier 2 holder has spent 5 years in the UK they may become eligible to apply for Indefinite Leave to Remain.  

If you or any of your employees have any concerns regarding their Tier 2 visa status please contact our Immigration Adviser Lee Campbell at lee.campbell@battens.co.uk