YOUR RIGHTS UNDER A TIER 2 VISA
As a Tier 2 skilled worker, you may not:
Claim disability benefits
Claim housing benefits
Claim Jobseekers Allowance
Access any other social funding
If you break any other conditions of your visa (this includes being made unemployed) you will be notified in writing of the decision to restrict your leave to remain. These letters have been known to be delivered incorrectly or go missing in transit, which means you may not receive your notification.
If you receive notification of the suspension of your leave to remain, you have 60 days to make a new application. If this application is rejected you will be subjected to appropriate enforcement action. You can read here about how to appeal against this.
Because you pay an annual NHS surcharge, you are entitled to use the NHS in the same way as any other UK resident. You can receive NHS care generally free of charge but may be charged for services a permanent resident would also pay for, such as dental treatment and prescription charges in England. The health surcharge is mandatory for Tier 2 (General) but you may still take out private healthcare insurance if you wish.
There are some things that employers must do regarding Tier 2 applicants, and there are some things that they are absolutely forbidden from doing. This PDF lays out the Government’s guidelines for avoiding unlawful discrimination, but the specific paragraph relevant to Tier 2 skilled workers is on page 7:
Job applicants should not be treated less favourably if they produce acceptable documents showing a time-limited right to work in the UK. Once a person who has time-limited permission to stay in the UK has established their initial and on-going entitlement to work, they should not be treated less favourably during their employment, including the terms of their employment, opportunities for training, promotion or transfer, benefits, facilities or services, or by dismissing the worker or subjecting them to some other detriment, other than further right to work checks as prescribed in the guidance and ‘Code of practice on preventing illegal working: civil penalty scheme for employers’.
If you think we should include something on this page, or if the information is incorrect, please contact us.