Leave to remain (visa) application process
Once a Tier 2 Certificate of Sponsorship is issued to a migrant, they must apply for leave to remain (visa) within three months of the date that their Certificate of Sponsorship is issued, or before their existing visa expires, whichever is sooner. This applies to all in-country 'initial' and 'extension' Tier 2 applicants. After three months the certificate will lapse and can no longer be used to support a visa application.
- Leave to remain (visa) application process
- Priority Postal Service applications
- Applying in person
- Biometric enrolment process
Leave to remain (visa) application process
It is the responsibility of the migrant to complete the leave to remain application form, although the Work Permits Desk can offer guidance on this. It is essential to ensure that the migrant has signed the declaration page.
The Work Permits Desk will, where possible, check Tier 2 leave to remain visa applications from in-country applicants (and from their dependants, where applicable) and submit these to the UK Border Agency on behalf of the migrant.
Please note that the Work Permits Desk cannot guarantee the successful outcome of any leave to remain application since this decision is made by the UK Border Agency and not by the University.
Where possible, departments and colleges are advised to submit leave to remain visa applications to the Work Permits Desk no later than 8 weeks before the migrant's visa is due to expire (for 'extension' applicants), or no later than 8 weeks before they are due to commence their new post (for 'initial' applicants), to allow sufficient time for the application to be checked, issues resolved, and submitted to the UK Border Agency.
The Work Permits Desk cannot guarantee to be able to check any leave to remain applications received later than three working days before the migrant's visa is due to expire. In such circumstances, the Work Permits Desk will, where possible, submit the application to the UK Border Agency as it is received.
Departments and colleges should note that migrants applying from within the UK under the following circumstances are not permitted to start their new post with the University until their leave to remain (visa) has been granted for the new post:
- currently on a Tier 2 or old-style work visa sponsored by another organisation
- currently on a Tier 2 or old-style work visa sponsored by the University, but who will be changing jobs within the University to a different type of role (e.g. a researcher taking up a new post as a University Lecturer) and/or whose new role will be paid at a lower salary than the salary for which their existing work visa was issued
Note, however, that this rule does not apply to most student visa holders, who can be employed full-time for up to four months after completion of their studies, pending course results (providing their student visa is still valid). If a student submits a Tier 2 leave to remain application within this four month period, they may continue to work until a decision is reached on their work visa application. However, UK Border Agency regulations state that student visa holders must not pursue a career by filling a permanent, full-time vacancy. Therefore, a temporary contract of employment should be issued to the student until their work visa has been granted.
Please refer to the employing overseas students webpage for further information.
Migrants are strongly advised not to make any travel plans until they have received their passport and visa back from the UK Border Agency. Once a postal application is made, the Work Permits Desk cannot request a progress update from the UK Border Agency unless the application has been outstanding for more than six months (although applications rarely take longer than 8 weeks).
On average, we find that postal applications take 6-8 weeks to be processed by the UK Border Agency, but the date of return of a migrant's documents cannot be guaranteed.
If the migrant has a spouse or children who also need to extend their leave to remain, their details will need to be completed on the main migrant's application form, but each dependant will also need to complete a separate application form.
Dependants will be required to sign their own application forms, except children, in which case the parent can sign. Dependant applications can be submitted along with the main migrant's application.
Migrants will be required to show that they have extra maintenance funds available for each dependant, unless evidence has already been submitted in a previous Tier 2 application.
Please see the Tier 2 leave to remain (visa) application guidance (in-country) 
(122kb) for details of the supporting documents that will be needed for Tier 2 leave to remain (visa) applications for both 'initial' applicants and 'extension' applicants applying from within the UK. The relevant guidance document will be sent to the migrant by the Work Permits Desk by email together with their Certificate of Sponsorship number.
Priority Postal Service applications
The UK Border Agency is piloting a Priority Postal Service which will consider in-country Tier 2 applications in a much shorter timeframe than the standard postal route. This service aims to provide a decision within ten working days of an application.
In order to use this service migrants must:
- submit a request to the UK Border Agency for inclusion in the pilot via email using the Tier 2 Priority Postal Request pro-forma
(331kb) ; - make an online application within 24 hours of notification from the UK Border Agency that the request has been accepted;
- pay the application fee online on completing the application and email the payment notification number (PNN) to the UK Border Agency immediately so that the application can be identified;
- attend one of three London Post Offices to enrol biometric information and submit documents to the UK Border Agency.
Please consult the UK Border Agency's Tier 2 Priority Postal Service guidance (585kb) for full details of how to use this service and instructions in relation to the online application which must be made.
There is currently no additional fee for this service (the standard postal fee is payable). However, migrants must meet certain eligibility criteria which are detailed in the guidance.
Applying in person
Migrants may make an application for a Tier 2 Leave to Remain visa in person at one of the UK Border Agency's Public Enquiry Offices for a premium of £867 for the main applicant (or £780 if the applicant is a national of Turkey, Croatia or FYR Macedonia), plus £434 for each dependant application.
The nearest Public Enquiry Offices to Oxford are in Birmingham and Croydon.
Information on how to book an appointment at these offices online can be found on the UK Border Agency website.
When applying in person, the applicant should receive a decision on their application the same day. However, their Biometric Residence Permit (equivalent to a visa) will not be available immediately, and will be sent to the applicant within ten working days of the date of their appointment.
Biometric enrolment process
Migrant workers (and their dependants) applying for Tier 2 leave to remain (visa) from within the UK will need to have their biometrics (fingerprints and photographs) taken before a decision is made on their application. Migrants will be issued with a Biometric Residence Permit, rather than a work visa or vignette in their passport.
Once the UK Border Agency receives a Tier 2 leave to remain application, the migrant (and any accompanying dependants) will be identified as needing to provide their biometric details, and will be sent a letter inviting them to do so within 15 working days of receiving the letter.
Migrants may enrol their biometric details free of charge at one of the UK Border Agency's Biometric Enrolment Centres by prior appointment. Information on how to book an appointment to enrol biometric details can be found on the UK Border Agency website.
Single applicants may be invited to enrol their biometric details at Oxford's St. Aldates Post Office for a fee of approximately £20.00 per person. This service is only currently available to applicants who have received a letter from the UK Border Agency inviting them to use the service at Oxford's St. Aldates Post Office. There is no need to book an appointment at the Post Office as it is a walk-in service. The Post Office is open from 09:00 - 17:30 Monday to Saturday.
When attending a Biometric Enrolment Centre, migrants must ensure that they take the following information with them:
- the original letter from the UK Border Agency inviting the migrant to use the biometric enrolment facility (which includes the applicant's full name, date of birth and case reference number);
- sufficient payment for the service (if using a Post Office biometric enrolment facility, fees can be paid by cash or debit card only).
Any applicant under the age of 16 must be accompanied by a responsible adult. If the responsible adult is the parent, they must take either the letter they received from the UK Border Agency inviting them to use the biometric enrolment service, or photo identification such as a UK photocard driving licence, passport or national identity card. If the responsible adult is the child's legal guardian or someone else who is not a parent, they must take one of the forms of photo identification listed above, as well as a letter confirming that they are a responsible adult who has a close connection to the child and who has been authorised to accompany him or her to the biometric enrolment centre.