• 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

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Rajiv (Raj) Naik

Rajiv Naik

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Rajiv (Raj) Naik

Rajiv Naik

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

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

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Rajiv (Raj) Naik

Rajiv Naik

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Rajiv (Raj) Naik

Rajiv Naik

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9261

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Media mentions

Konfederacja Lewiatan: Ekspertyza przedstawiająca skutki zmian legislacyjnych oraz ich praktyczne konsekwencje dla osób objętych ochroną czasową

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Media mentions

Konfederacja Lewiatan: Ekspertyza przedstawiająca skutki zmian legislacyjnych oraz ich praktyczne konsekwencje dla osób objętych ochroną czasową

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
July 1, 2026 | United StatesBloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges
July 2, 2026 | DenmarkDenmark: Positive Lists Updated
July 2, 2026 | KuwaitKuwait: Restrictions Implemented for Nationality Law
July 2, 2026 | QatarQatar: Amendments to Labor Law
July 1, 2026 | India India: Electronic Overseas Citizen of India Card Launch to Reduce Administrative Hurdles and Streamline Entry
July 1, 2026 | United StatesBloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges
July 2, 2026 | DenmarkDenmark: Positive Lists Updated
July 2, 2026 | KuwaitKuwait: Restrictions Implemented for Nationality Law
July 2, 2026 | QatarQatar: Amendments to Labor Law
July 1, 2026 | India India: Electronic Overseas Citizen of India Card Launch to Reduce Administrative Hurdles and Streamline Entry
July 1, 2026 | United StatesBloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges
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.