• Insights

Honesty Is The Best Policy: Tier 2 Visa

June 2, 2016

Marco Deutsch

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Rajiv (Raj) Naik

Rajiv Naik

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Rajiv (Raj) Naik

Rajiv Naik

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Rajiv (Raj) Naik

Rajiv Naik

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Rajiv (Raj) Naik

Employers often assist their employees in the process of obtaining visas that will allow them to live and work in the UK. The relevant visa category is typically Tier 2 if this involves company sponsorship. It is important that all of the corporate requirements are met when applying for a Tier 2 visa, as well as the strict requirements placed on the individual and their personal circumstances.

Meeting the requirements for personal circumstances can often prove problematic and it is important for companies to be aware that in some cases this can result in visa applications being refused. For example, have you ever had an employee who overstayed the length of their UK visa, or who has previous convictions for driving without a licence? Perhaps you have encountered an employee who failed to disclose important information when applying to enter the UK?

Grounds for refusal

Visa applications can be refused on the basis of character, conduct, behaviour or associations, even if the employee satisfies all other requirements to enter the UK.

There are several general grounds for refusal which can be applied to any visa application. These grounds are relevant whether it is an initial application to enter the UK, a request to extend a current visa, an application to remain permanently in the UK or an application for variation. An employee may have committed an offending act yesterday or several years previously, perhaps even prior to submitting an application. There is also no guarantee a ground for refusal will not be called into question, even if previous applications have been successfully filed.

Government departments working together

We often receive queries from new clients seeking assistance after their employees’ initial applications have been refused. In our experience we have noticed that government departments are now working more closely together and are willing to compare information provided by applicants. This is particularly true of the Home Office and the UK tax authorities, the HMRC. Whilst a tax return, for example, is not a mandatory document for certain types of applications, a previously submitted incorrect return might still have an adverse effect on a future application. This is because the individual’s character may be called into question.

There is scope for government departments to cross reference information. A government caseworker may check the visa application details against information the applicant previously provided to HMRC, when reviewing a submitted application and assessing an applicant’s self employment earnings. If these figures do not match, the caseworker may ask why.

UKVI caseworkers can exercise their discretion when considering an application. They may not necessarily accept the provided information and documentation on face value alone, even if all the application requirements appear to have been met in the first instance. The UKVI will be making subjective decisions on an applicant’s character and conduct, when reviewing previous documents and information received from other government departments.

Importance of accurate applications

Whilst it may sound obvious, it is vitally important for both employers and employees to properly prepare before an application is submitted. Given the potential impact, we champion the need to provide correct and full information at all stages of an application, in order to provide the best opportunity for success.

 

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Rajiv (Raj) Naik

Rajiv Naik

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Rajiv (Raj) Naik

Rajiv Naik

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Rajiv (Raj) Naik

Rajiv Naik

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
October 16, 2026 | United StatesBusiness Insider: The Winners and Losers of the New H-1B Era
October 16, 2026 | CanadaCanada: Express Entry Changes to Prioritize High-Wage Occupations
October 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 16, 2026 | United Kingdom, IrelandFragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
October 16, 2026 | United StatesBusiness Insider: The Winners and Losers of the New H-1B Era
October 16, 2026 | CanadaCanada: Express Entry Changes to Prioritize High-Wage Occupations
October 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 16, 2026 | United Kingdom, IrelandFragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.