EU Settlement Application
The client has applied for the EU Settlement Scheme, and their application is currently pending. They are seeking guidance on whether they can apply for a Tier 2 work visa while awaiting the outcome of their settlement application. The query pertains to immigration matters within the UK jurisdiction. No additional personal or application details have been provided at this stage.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I apply for a Tier 2 visa while my EU Settlement application is still pending?
Yes, you can apply for a Skilled Worker visa (formerly Tier 2) while your EU Settlement application is pending. Applying for one visa category does not prevent you from applying for another. However, ensure that you meet all the criteria for the Skilled Worker visa, including having a job offer from a UK employer with a sponsor licence and meeting the minimum salary requirements. It's important to keep in mind that obtaining a Skilled Worker visa does not automatically affect your EU Settlement application; they are processed separately.
What are the potential impacts on my EU Settlement application if I apply for a Tier 2 visa?
Applying for a Tier 2 visa while your EU Settlement application is pending should not directly impact the EU Settlement application itself, as these are separate processes. However, you must ensure that you continue to meet the criteria for the EU Settlement Scheme while pursuing a Tier 2 visa, such as maintaining residency requirements. It's important to keep records of your immigration status and any communications with the relevant authorities.
How long does it typically take for the EU Settlement application to be processed, and is there anything I can do to expedite it?
The processing time for an EU Settlement Scheme application usually takes around 5 working days for straightforward cases with completed identity checks, though it can extend up to a month or longer in complex situations. To expedite the process, ensure all required documents are correct and complete. While there's no formal way to fast-track the application, contacting the relevant authorities for updates may be helpful if there are delays beyond expected processing times.
What are my options if my EU Settlement application is refused while I am waiting for a decision on a Tier 2 visa?
If your EU Settlement application is refused while your Tier 2 visa application is still pending, you have several options. You can appeal the decision on your EU Settlement application if you believe it was incorrect, provided you have grounds for appeal based on your circumstances. Alternatively, you can request an administrative review, where the decision will be reassessed by the relevant authorities. If your Tier 2 visa is granted, you may choose to proceed with this visa status.
Are there any specific conditions or criteria I need to meet to be eligible for a Tier 2 visa?
To be eligible for a Tier 2 (General) visa, you must have a valid certificate of sponsorship from a UK employer with a valid Tier 2 sponsorship licence. The job must meet the required skill level and salary threshold. You must also meet the English language requirement and have sufficient funds to support yourself or have your sponsor confirm maintenance. Additionally, a criminal record certificate is required from any country where you've lived for more than 12 months in the past 10 years.
