Applicants to seeking to apply under this category will also need a sponsorship certificate from their sponsors (see Tier 2 General). The sponsor will have to meet the resident labour market test (for initial applications but not for extension applications)

Requirement

 Applicants are expected to acquire 50 points under the attributes section with an additional 10 points for English Language and 10 points for maintenance. Therefore, a total of 70 points is required.

Attributes

The applicant must be one of the following in order to be eligible:

·         preach or perform pastoral duties

·         work as a missionary; or

·         work in a religious order within a community which involves a permanent commitment like a monastery or convent.

English Language requirements

Applicants will need to score 10 points for the English language and maintenance each. In order to satisfy the language requirement, applicants will need to show one of the following:

·         They come from an English speaking country i.e. Australia, Canada…

·         They have a degree level qualification from an English speaking country

·         They have passed an approved English language test such as ILETS test

Applicants last granted leave in the following categories will also qualify under the English Language:

·         Applicants who were last granted leave to enter as a Tier 2 Minister of Religion

·         Applicants who were last granted leave to remain under the Tier 1 (General), (Entrepreneur) or HSMP (after 7/11/07) category

Maintenance Requirements

In order to meet the maintenance requirement, applicants will need to show that they have at least £800 in their account for three months (at all times) before the date of their application. Alternatively, applicants may obtain a letter from their sponsor declaring that they will be responsible for the applicants first month of accommodation and maintenance (only A rated sponsors are able to do this).

If the applicant is being accompanied by any dependents, then s/he will have to show an additional £533 available for each dependant.

Duration

Applicants will initially be granted a visa for 3 years following which they may, if eligible, apply to extend their leave for a further 2 years. On some occasions, applicants will be granted leave to enter/remain for the duration of their contract. Applicants can apply for settlement once they have completed five years continuous lawful residence in the UK. Applicants will be able to combine the following with their Tier 2 Minister of Religion visa for the purposes of accumulating five years:

·         Tier 1 General, Investor or Entrepreneur

·         HSMP

·         Self employed lawyer

·         Writer, artist or composer

Restrictions

Applicants granted leave to remain under the Tier 2 Minister of Religion category are prohibited from entering into self employment, establishing a business or joining another business without first informing the Home Office. Applicants can however, take up supplementary employment provided the following is met:

·         They do not work for over 20 hours

·         The employment is within the same profession/professional level for which the Tier 2 visa was granted

·         The employment is outside the applicants normal working hours

Switching Rules

The following categories of applicants can switch into the Tier 2 Minister of Religion category:

·         highly skilled worker (tier 1);

·         sponsored skilled worker (tier 2);

·         student;

·         student nurse, but only if your certificate of sponsorship shows that you are being sponsored to work as a nurse, doctor, or dentist;

·         student re-sitting an examination;

·         person writing up a thesis;

·         overseas qualified nurse or midwife;

·         postgraduate doctor or dentist, but only if your certificate of sponsorship shows that you have been sponsored to work as a nurse, doctor or dentist;

·         student union sabbatical officer;

·         qualifying work permit holder;

·         Highly Skilled Migrant;

·         a participant in the International Graduate Scheme

·         a representative of an overseas newspaper, news agency or broadcasting organisation;
a participant in Fresh Talent: Working in Scotland Scheme;

·         minister of religion, missionary or member of a religious order;

·         member of the operational ground staff of an overseas-owned airline;
innovator;

·         a Jewish agency employee.

Refusal of Tier 2-Minister of Religion

Administrative review applications (entry clearance from overseas):

In the event that an applicant is refused a visa in this category, Ergen & Sharif can assist in making an administrative review application to the entry clearance post. The right for making a request for review must be exercised within 28 days of the decision being served. In such applications, fresh evidence will not be permitted and the ECO will be asked to reconsider their decision in light of your initial application.

In country refusal:

Applicants who have been refused in country will have the right to appeal against the decision provided that they have no leave to remain left in the UK. The applicant has 10 working days to submit an appeal against the decision to refuse.

At Ergen & Sharif, we can assist you whether you are seeking to make an initial application or switch into a Tier 2 Minister of Religion category or whether you would like to appeal against a negative decision. For a case specific evaluation please book an appointment by contacting us on 0207 569 3035. Alternatively, you can email us at info@ergensharif.co.uk .