Understanding the Work Restrictions for PBS Tier 2 Visa Holders in the UK

Obtaining a PBS Tier 2 visa for work purposes in the UK comes with specific restrictions on the type of work one can undertake. Understanding these limitations is crucial for visa holders to stay compliant and avoid potential legal issues or deportation. This article will explore the key points regarding employment, job changes, supplementary work, and self-employment allowed under a Tier 2 visa.

Type of Employment

Employment Eligibility: Visa holders are only allowed to work for the sponsoring employer who submitted their Certificate of Sponsorship (CoS). This employer and the job role specified in the CoS must be adhered to. It is crucial to understand that merely bringing in a new employer or taking on a different role will require a new Tier 2 visa with a new CoS.

Changing Jobs or Employers

Changing Jobs: If you wish to switch jobs, you must apply for a new Tier 2 visa with a new CoS provided by the new employer. This process ensures that visa conditions are maintained and avoids potential legal issues that can arise from unauthorized job changes.

Supplementary Work

Additional Job Opportunities: Visa holders are permitted to engage in additional work, subject to certain conditions. Specifically, you may work up to 20 hours per week in supplementary employment. This is permissible if the job is on the Shortage Occupation List or if you are a student on a Tier 4 visa during the holidays.

Self-Employment

Self-Employment: Self-employment is generally not permitted under a Tier 2 visa. This restriction is designed to ensure that Tier 2 visa holders are not engaged in business activities, which are typically the purview of Tier 1 or entrepreneur visas.

Voluntary Work

Unpaid Voluntary Work: Engaging in unpaid volunteer work is allowed as long as it does not interfere with your primary job responsibilities. This ensures that your main employment remains the legitimate basis for your visa.

Duration of Stay

Visa Validity: Your visa is typically valid for up to five years, provided you meet the specific criteria for extension. After the initial five-year period, you can apply for Indefinite Leave to Remain (ILR), provided you meet the necessary residency and employment requirements.

Flexibility for Dependants

Tier 2 Dependents: While the primary visa holder is bound by strict employment conditions, dependents in a Tier 2 visa have more flexibility. Dependents can work in any job except for professional sports, training to be a doctor, or training to be a dentist. They can work without the restrictions faced by the main visa holder, as long as the main visa holder remains in good standing.

Conclusion

Compliance with the visa conditions is essential to avoid legal issues. Aspiring visa holders should carefully review the terms and conditions associated with a Tier 2 visa. It is advisable to consult the UK Home Office guidelines or an immigration expert for personalized advice. Staying informed and adhering to these guidelines ensures a smooth and compliant stay in the UK.

Note: Always refer to the latest UK Home Office guidelines for the most up-to-date information.