Guidance

T2 Minister of Religion caseworker guidance (accessible)

Updated 4 April 2024

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This publication is available at https://www.gov.uk/government/publications/t2-minister-of-religion-caseworker-guidance/tier-2-minister-of-religion-caseworker-guidance-accessible

Version 8.0

About this guidance

This guidance tells caseworkers how to consider applications to enter, remain or settle in the UK on the T2 Minister of Religion route.

This guidance is designed to be used alongside Appendix T2 Minister of Religion of the Immigration Rules. The rules explain the requirements an applicant must meet, and this guidance provides additional information on how to consider their application. Paragraph references in this guidance refer to paragraphs in the Immigration Rules unless otherwise stated.

Caseworkers may also need to refer to the following sections of the rules, where relevant:

Contacts

If caseworkers have any questions about the guidance and their line manager or senior caseworker cannot help them, or if they think that the guidance has factual errors, then they can email the Economic Migration Policy team.

If caseworkers notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then they can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

  • version 8.0

  • published for Home Office staff on 4 April 2024

Changes from last version of this guidance

This guidance has been updated to reflect the Immigration Salary List replacing the Shortage Occupation List.

Introduction to the T2 Minister of Religion route

This section provides an introduction to the T2 Minister of Religion route.

The T2 Minister of Religion route is for a person who has been sponsored to perform a key leading role within a faith-based organisation or religious order in the UK.

A dependent partner and dependent children of a T2 Minister of Religion can apply on this route. See guidance on dependant applications.

This route can lead to settlement in the UK.

This route replaced the Tier 2 (Minister of Religion) route. Existing Tier 2 (Minister of Religion) workers can apply for extensions, changes of employment and settlement under the T2 Minister of Religion route.

Requirements

The requirements applicants must meet are split into 3 parts:

Validity requirements - these outline the minimum criteria that must be met for the application to be fully considered. They ensure, for example, the applicant has used the correct form and supplied their identity documents. Applications which do not meet these requirements are invalid and may be rejected.

  • Main applicant - entry clearance and permission to stay (MOR 1.1. to MOR 1.6.)

  • Main applicant - settlement (MOR 11.1. to 11.4.)

  • Dependants – entry clearance and permission to stay (MOR 18.1. to MOR 18.5.)

  • Dependants - settlement (MOR 28.1. to 28.3.)

Suitability requirements – these check the suitability of the applicant to be granted any form of permission, not specifically whether they qualify as a Minister of Religion. Applicants must not fall for refusal on general grounds or be in breach of immigration laws. Applications which do not meet these requirements should be refused.

  • Main applicant - entry clearance and permission to stay (MOR 2.1. to MOR 2.2.)

  • Main applicant - settlement (MOR 12.1. to 12.2.)

  • Dependants – entry clearance and permission to stay (MOR 19.1. to MOR 19.2.)

  • Dependants - settlement (MOR 29.1. to 29.2.)

Eligibility requirements - these are the main criteria specific to the T2 Minister of Religion route. Applications which do not meet these requirements should be refused.

  • Main applicant - entry clearance and permission to stay (MOR 3.1. to MOR 8.2.)

  • Main applicant - settlement (MOR 13.1. to 16.1.)

  • Dependants – entry clearance and permission to stay (MOR 20.1. to MOR 25.5.)

  • Dependants - settlement (MOR 30.1. to 36.1.)

Representatives

If an applicant has a UK-based representative, the caseworker must check that the representative is permitted to provide immigration advice or immigration services. They must be one of the following:

  • registered with the Office of the Immigration Services Commissioner (OISC)
  • authorised by one of the following designated professional bodies or designated qualifying regulators:
    • the Law Society
    • the Law Society of Scotland
    • the Law Society of Northern Ireland
    • the General Council of the Bar
    • the Chartered Institute of Legal Executives
    • the Faculty of Advocates
    • the General Council of the Bar of Northern Ireland
  • otherwise exempt from the requirement to be registered or authorised. For example, the Immigration and Asylum Act 1999 (Part 5 Exemption: Licensed Sponsors) Order 2022 exempts licensed sponsors from the requirement to be registered or authorised, provided any immigration advice or immigration services are given:
    • free of charge
    • in relation to an individual they are sponsoring (or, where relevant, their eligible family members)
    • in connection with an application by that individual for entry clearance or permission on a sponsored work or study route (or an application for entry clearance or permission by that individual’s eligible family members that is dependent on that individual’s application)

For further information on what the Order permits, see section S6 of Part 2 of the sponsor guidance.

If the representative does not have the necessary permission to provide immigration advice or immigration services, the caseworker must direct all communications to the applicant instead.

Requesting more information

If the caseworker is in need of more information, or clarification of certain details, to be able to consider granting an application, then they should refer to requesting more information. Where possible, the caseworker should try to identify all areas where further information is required so it can be requested at the same time.

Verifying documents

The caseworker must conduct verification checks if they have any doubts about whether the supporting documents an applicant has submitted are genuine.

Translating documents

If the documents provided are not in English or Welsh, the applicant must provide a certified translation.

Validity for entry clearance and permission to stay applications

This section tells caseworkers about the validity requirements that an applicant must meet when they apply for entry clearance or permission to stay (previously known as leave to remain) as a T2 Minister of Religion.

If the caseworker is not satisfied that the application meets all the validity requirements for a T2 Minister of Religion as specified in paragraphs MOR 1.1. to MOR 1.6., they should consider whether to request further information, reject the application, or proceed to consider the application.

Application form

A person applying for entry clearance or permission to stay as a T2 Minister of Religion must apply online on the gov.uk website on the specified form as follows:

The application

An application for entry clearance or permission to stay as a T2 Minister of Religion must meet all the following requirements:

  • any fee and Immigration Health Charge must have been paid

  • the applicant must have provided any required biometrics

  • the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality

  • the applicant must have a Certificate of Sponsorship that was issued to them by their sponsor no more than 3 months before the date of application

Application fees and Immigration Health Charge

The applicant must have paid the relevant application fees and any Immigration Health Charge (sometimes called the Immigration Health Surcharge or IHS). If these haven’t been paid, you should write to the applicant and request these. See further guidance on the Immigration Health Charge.

If you require further information regarding refunding applications, please see further guidance on the immigration and nationality refunds policy.

Biometrics and identity documents

The caseworker must be satisfied that where the applicant has provided their biometrics these are verified against a valid passport or other travel document they have supplied.

Official – sensitive: start of section

The information on this page has been removed as it is restricted for internal Home Office use.

Official – sensitive: end of section

Certificate of Sponsorship

The applicant must have a Certificate of Sponsorship (CoS). This is a virtual document (similar to a database record) which is assigned by the sponsor. Sponsors use a secure IT system called the sponsorship management system (SMS) to assign a CoS.

The reference number for the CoS should be provided in the application. If the applicant has not supplied the reference number, they must provide an explanation. If the caseworker is not satisfied that a CoS has been assigned to the applicant, they may reject the application.

The caseworker must check that the CoS was assigned to the applicant no more than 3 months before the date of application. If it was assigned too early, the application may be rejected.

For information on how to check the CoS information, refer to How to search the CoS checking system. Caseworkers should note that the CoS will also need to be viewed when assessing the Eligibility requirements.

Age of applicant

The applicant must be aged 18 or over on the date of application.

Government or international scholarship agency awards

Where an applicant has received an award covering fees and living costs from a government or international scholarship agency in the 12 months before the date of application, the government or agency must provide written consent to the application. The letter of consent must be on the official letter-headed paper or stationery of the organisation or organisations, bearing the official stamp of that organisation and issued by an authorised official of that organisation. The documents must confirm the organisation gives the applicant consent to remain in or re-enter the UK.

Switching

An applicant who is in the UK cannot apply to switch onto the T2 Minister of Religion route if they have, or have last been granted, permission:

  • as a Visitor

  • as a Short-term Student

  • as a Parent of a Child Student

  • as a Seasonal Worker

  • as a Domestic Worker in a Private Household

  • outside the Immigration Rules

An applicant who is applying for permission to stay and has, or last had, permission as a Student must have completed the course of study for which the Confirmation of Acceptance for Studies (CAS) was assigned (or a course to which paragraph ST 27.3 of Appendix Student applies), or the course must have finished before the start date on their CoS. Alternatively, if the course was leading to a PhD award they must have completed at least 24 months of that course.

You can normally determine whether the applicant has completed their course by checking the end date on the CAS. However, the applicant may have completed their studies, and therefore met the requirement of the rules, in advance of the end date on the CAS. If the end date on the CAS indicates they have not yet completed their studies, you should consider whether the course may have been completed by looking at any information provided with the application (for example, a results transcript) and any notifications made by the Student Sponsor. You should also check if the course stated on the CAS was at PhD level, and if so, use the course start date to assess whether they have completed at least 24 months.

If required, you should write to the applicant using the Validity reminder template, advising them that they have not shown that they have completed their studies and giving them an opportunity to do so before rejecting the application as invalid.

Please note, switching is now a validity requirement, not an eligibility requirement.

Irish citizens

Most Irish citizens do not need permission to live and work in the UK and therefore are not eligible to apply for permission under the Immigration Rules. The caseworker must reject any application for a visa from an Irish citizen as invalid, except where they are subject to any of the following:

  • a deportation order made under section 5(1) of the Immigration Act 1971

  • an exclusion decision, or an exclusion order made under regulation 23(5) of the Immigration (European Economic Area) Regulations 2016

  • a travel ban implemented under section 8B of the Immigration Act 1971

If an Irish citizen falls within one of the above categories, the caseworker should consider their application in line with the rules in the same way as any other applicant.

If further information is required, the caseworker should contact the CTA Policy Team.

Suitability for entry clearance and permission to stay applications

This section tells caseworkers about the suitability requirements that an applicant must meet when they apply for entry clearance or permission to stay as a T2 Minister of Religion.

If the caseworker is not satisfied that the application meets all the suitability requirements for a T2 Minister of Religion as specified in paragraphs MOR 2.1. to MOR 2.2., they must refuse the application.

The caseworker must check:

  • that the applicant does not fall for refusal under Part 9: grounds for refusal
  • that where the applicant is applying for permission to stay, the applicant is not:
    • in breach of immigration laws, except where paragraph 39E applies, that period of overstaying will be disregarded
    • on immigration bail

Overstaying

The caseworker must check the applicant is not in breach of immigration laws, except where permitted by the Immigration Rules in respect of periods of overstaying. Full guidance on overstaying is available.

Immigration bail

Any applicant who is in the UK on immigration bail is not suitable for the T2 Minister of Religion route. These individuals do not hold permission to be in the UK.

Eligibility for entry clearance and permission to stay applications

This section tells caseworkers about the eligibility requirements that an applicant must meet to be granted either entry clearance or permission to stay as a T2 Minister of Religion.

If the caseworker is not satisfied that the application meets all the eligibility requirements for a T2 Minister of Religion as specified in paragraphs MOR 3.1. to MOR 8.2., they must refuse the application.

Entry requirement

A person seeking to come to the UK as a T2 Minister of Religion must apply for and obtain entry clearance as a T2 Minister of Religion before they arrive in the UK.

Tuberculosis certificate

Where the application is for entry clearance as a T2 Minister of Religion, the caseworker must check that the applicant has provided a valid tuberculosis (TB) certificate with their application if they have been residing within a country listed in Appendix Tuberculosis (TB) of the Immigration Rules for the 6 months immediately preceding the application.

If the applicant has not supplied a valid TB test certificate when they are required to do so, the application should be refused under paragraph MOR 3.2.

For further information regarding which applicants are required to obtain a TB certificate before applying and the valid test centres, see: Tuberculosis tests for visa applicants.

Points requirement

This section provides an overview of how points are scored for T2 Ministers of Religion.

Under paragraph MOR 4.1., an applicant must score 70 points against the following requirements:

Points requirement Relevant rules Points
Certificate of Sponsorship MOR 5.1. to MOR 5.3. 50
Financial requirement MOR 7.1. to MOR 7.3. 10
English language skills at level B2 (intermediate) MOR 8.1. to MOR 8.2. 10

All points are mandatory. If an applicant scores fewer than 70 points, the caseworker must refuse their application and explain where they have not awarded points.

Certificate of Sponsorship requirement

This requirement is met by having a valid Certificate of Sponsorship (CoS).

This section tells caseworkers how to assess the CoS requirement for T2 Ministers of Religion, how to check that a CoS is valid using the CoS checking system and how to record it as used on the system.

The caseworker must award 50 points if the applicant has a valid CoS which sets out the specified details of the sponsorship. To award these points, the caseworker must be satisfied that the application meets the requirements in paragraphs MOR 5.1. to MOR 5.3.

The Certificate of Sponsorship must confirm all of the following details:

  • the applicant’s name, details of the job and salary and any other remuneration of the applicant

  • the job is as a T2 Minister of Religion

  • the applicant is qualified to do the job of a T2 Minister of Religion

  • the applicant is a member of the sponsor’s religious order (if the sponsor’s organisation is a religious order)

  • the applicant will perform religious duties within the sponsor’s organisation or directed by the sponsor’s organisation in the UK (which may include preaching, pastoral and non-pastoral work)

  • the applicant’s role will not involve mainly non-pastoral duties, such as school teaching, media production, domestic work or administrative and clerical work, unless the role is a senior position within the sponsor’s organisation

  • that applicant will receive pay and conditions at least equal to those given to settled workers in the same role and compliant with, or exempt from, the national minimum wage

Checking the validity of a CoS

A valid CoS must:

  • have been issued by a licensed sponsor that holds a valid T2 Minister of Religion sponsor licence

  • have been issued by an A-rated sponsor, unless it is an extension application to continue working for the same sponsor as in their last permission

  • have a reference number that links to a CoS checking service entry that names the applicant as the migrant

  • confirm that the sponsor is sponsoring them on the T2 Minister of Religion route on which the migrant has applied

  • have the same details as in the applicant’s passport

  • have been assigned no more than 3 months before the date of application

  • have a start date no more than 3 months after the date of application

  • not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn)

  • not have been withdrawn by the sponsor or cancelled by the Home Office since it was assigned

Loss of sponsor licence

If, while an application on the T2 Minister of Religion route is under consideration, the applicant’s sponsor loses its licence, the caseworker must speak with their manager and inform the applicant promptly.

The caseworker must only inform the applicant their sponsor no longer has a licence, not the reasons why. The only exception is if the licence was revoked for reasons directly linked to that particular application, and those reasons therefore, have particular relevance to the refusal.

How to search the CoS checking system

The caseworker can access the CoS checking system using their username and password. To access the search function, they should click ‘CoS check’. The CoS checker times out every 30 minutes, so they may need to log in again after this time.

The caseworker can search the system using the:

  • CoS number, by entering it into the relevant screen

  • applicant’s details

  • sponsor’s details

Searching using the applicant’s details

If the caseworker selects this option they can search by:

  • passport or travel document number

  • family name

  • given name

  • nationality

  • date of birth

  • gender

The more information that is provided, the narrower the search will be.

Searching using the sponsor’s details

If the caseworker selects this option they can search by:

  • sponsor licence number

  • sponsor name

  • sponsor address

  • postcode

When the caseworker checks the CoS, they must:

  • find it on the CoS checking system

  • check the case type given on the case working system matches the type of CoS issued - this can be found on the top of the CoS

  • record it as used in all approval and refusal cases

  • not mark it as ‘used’ if they are rejecting the application as invalid, withdrawing or voiding the application, or the applicant is varying it to another route, because the T2 Minister of Religion decision has not been made and they could use it again

Check the current status of the CoS

Status of CoS on the checking system What the caseworker must do
Assigned Continue to assess the application.
Suspended not decide the case
keep it on hold
contact the sponsor licensing unit (SLU) to find out if they will be re- instating the sponsor or if it will be suspended indefinitely, and what information can be shared with the applicant
If they do not issue a new CoS, the caseworker must refuse the application.
Withdrawn Refuse the application if the sponsor does not issue another CoS because it is no longer valid.
Used Check to see if a new CoS has been issued. If not, the caseworker must refuse the application because there is no valid CoS.

Length of the CoS

The length of the CoS will depend on whether the applicant is applying for entry clearance or permission to stay. See the following links for further details:

Compliance with specified employment regulations

You must not award points for sponsorship if you have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with either the National Minimum Wage Regulations or the Working Time Regulations.

Some Ministers of Religion may be exempt in line with Section 44A of the National Minimum Wage Act 1998:

For detailed guidance, see:

The most well-known aspect of the Working Time Regulations is the maximum weekly working hours. If a sponsor states the worker has opted out, you should ask for evidence of this. The regulations also cover other important protections, outlined at the links below. If a sponsor claims an exemption applies to any of these protections, you can ask for an explanation and refuse the application if you are not satisfied:

The guidance linked to above may help you in assessing cases against both sets of regulations. Warning signs to be aware of include:

  • long shifts without the daily or weekly rest breaks which workers would normally be entitled to
  • claims that work is “unmeasured” for either or both sets of regulations
  • average hours agreements which seem unrealistic in the context of the job
  • large deductions from salary, for accommodation or other reasons

You should be mindful that both sets of regulations are complex and there are a number of exemptions that may apply to an individual case. If you are in doubt, you should consider requesting additional information from the sponsor or seeking advice from the Economic Migration Policy team via the Work and Study Technical Team.

Genuineness requirement

This section tells caseworkers how to assess the genuineness of an application on the T2 Minister of Religion route.

When an applicant applies for entry clearance or permission to stay as a T2 Minister of Religion, the caseworker must be satisfied they:

  • genuinely intend, and are able, to undertake the role for which they are being sponsored

  • do not intend to undertake employment other than in the role for which they are being sponsored, or as otherwise permitted at MOR 10.3.

To assess this on the balance of probabilities, the caseworker may request, after confirming with their manager:

  • additional information and evidence, and refuse the application if the information or evidence is not provided (the Home Office must receive any requested documents at the address given in the request within 10 business days of the date the request is made)

  • that an applicant attends an interview and refuse the application if they fail to comply with any such request without providing a reasonable explanation

The caseworker may take into account the applicant’s:

  • knowledge of the role

  • relevant experience relative to skills required to do the role

  • knowledge of the sponsor in the UK

  • explanation of how they were recruited

  • any other relevant information

The caseworker will not need to take these actions for most applicants and will only do so when:

  • individual sponsors are assigning unusually large numbers of Certificates of Sponsorship for ministers of religion relative to their size or for the same type of role

  • there are reasonable grounds to believe the applicant will not be working in the role described on the Certificate of Sponsorship

  • the job description on the Certificate of Sponsorship indicates the applicant will be mainly carrying out non-pastoral duties that might otherwise be done under the Skilled Worker route

  • intelligence suggests applicants are linked to extremism, terrorism or trafficking

Financial requirement

This section explains how to assess the financial requirement (previously known as maintenance) for T2 Ministers of Religion.

The caseworker must award 10 points if the applicant meets the financial requirement. An applicant can meet the financial requirement in one of three ways:

  • they are applying for permission to stay and have been living in the UK with permission for 12 months or longer on the date of application (see MOR 7.1.)

  • their A-rated sponsor has confirmed on the CoS that they will, if necessary, maintain and accommodate the applicant up to the end of the first month of their employment, for an amount of at least £1,270 (see MOR 7.2.(b))

  • they provide evidence showing they have held funds of at least £1,270 for a 28- day period (see MOR 7.2.(a) and MOR 7.3.)

English language requirement

This section tells caseworkers about the English language requirement for T2 Ministers of Religion.

The caseworker must award 10 points if the applicant meets the English language requirement. The applicant must show English language skills of at least level B2 of the Common European Framework of Reference for Languages in all 4 components (reading, writing, speaking and listening), unless an exemption applies.

To assess whether the requirement is met, the caseworker should refer to the guidance on the English language requirement.

Changes of employment

This section tells caseworkers when a T2 Minister of Religion must make a change of employment application and how to consider these applications.

Where a person has permission on the T2 Minister of Religion route, the circumstances in which they can change their job without needing a fresh application are set out in Part 9 of the Immigration Rules (paragraphs 9.29.1 to 9.31.3). Other changes in job mean the person must re-apply with a new Certificate of Sponsorship for their new job. This is referred to as a “change of employment” application.

A person must make a change of employment application if they change employer. A person does not need to make a change of employment application if:

  • they are staying with the same employer and changing their job to one in the same occupation code, and the change does not mean moving from a job on the Immigration Salary List to one which is not on the list

  • their pay increases

  • they are moving under Transfer of Undertakings (Protection of Employment) (TUPE) arrangements due to a takeover, merger or de-merger

  • under TUPE (or similar) protection they change jobs, the new job is in the same SOC code and the new salary continues to meet the appropriate rate for the new job as set out in the codes of practice

  • they had an acceptable absence that lasted for one month or longer

If the applicant has been subject to a TUPE transfer, the sponsor licence unit will check the transfer was done correctly. They will update the applicant’s CRS or caseworking system’s shell record with the new sponsor’s details.

Considering a change of employment application

The caseworker must consider a change of employment application in the same way as an initial application.

The applicant must:

  • provide a new Certificate of Sponsorship from their new sponsor

  • meet all the suitability and eligibility requirements

Supplementary and secondary employment

This section explains supplementary and secondary employment on the T2 Minister or Religion route.

Supplementary employment

In addition to the job specified on the Certificate of Sponsorship (CoS), a T2 Minister of Religion’s conditions allow them to do extra work if:

  • it is either:
    • a job on the Immigration Salary List in Appendix Immigration Salary List
    • a job in the same profession and at the same professional level as the role for which the CoS was assigned
  • it is no more than 20 hours per week
  • it is outside the working hours covered by the CoS
  • the person remains working for the sponsor in the job for which the CoS was assigned

If the extra work meets the above requirements, the applicant does not need to inform the Home Office before taking extra work.

Secondary employment

A person with permission on the T2 Minister of Religion route can do a second (additional) job that does not qualify as supplementary employment (for example, it requires more than 20 hours work a week). They will need a new CoS for this second job and apply for a variation of permission, in addition to the CoS and permission for their existing job. This is because working in the second job is not covered by their existing conditions.

They cannot apply for further permission to stay for the second job until they have started working for their first sponsor. They will need to make a new application which must confirm they want to change their existing permission. The confirmation must include:

  • the applicant’s name

  • date of birth

  • CoS reference number, from the current permission

  • confirmation of the date when the current permission expires

If the caseworker approves their secondary employment, they will be varying the applicant’s initial permission and the applicant will have 2 sponsors during the period that both CoS are valid. Where the applicant has a biometric residence permit (BRP), the caseworker must arrange for a new BRP to be issued. Where the CoS reference number is displayed, the card should now read ‘2 CoS as Letter’. This indicates that the applicant has secondary employment.

The caseworker must also change the applicant’s approval letter to state the primary and secondary sponsors and the employment end dates for each. The caseworker must tell the applicant they must keep the approval letter with their biometric card as proof of their right to work.

Settlement

This section explains how to assess settlement (previously known as indefinite leave to remain) applications on the T2 Minister of Religion route. The requirements applicants must meet are split into three parts: validity, suitability and eligibility.

Validity for settlement applications

If the caseworker is not satisfied that the application meets all the validity requirements for settlement as specified in paragraphs MOR 11.1. to MOR 11.4., they should consider whether to request further information, reject the application, or proceed to consider the application.

When applying for settlement as a T2 Minister of Religion, the applicant must:

  • apply online on the gov.uk website on the specified form ‘Settle in the UK in various immigration categories: form SET(O)’

  • have paid the relevant application fee

  • have provided any required biometrics

  • have provided a passport or other travel document which satisfactorily establishes their identity and nationality

  • be in the UK on the date of application

  • have, or have last been granted, permission as a T2 Minister of Religion or Tier 2 (Minister of Religion) migrant

Suitability for settlement applications

This section tells caseworkers about the suitability requirements that an applicant must meet when they apply for settlement as a T2 Minister of Religion.

If the caseworker is not satisfied that the application meets all the suitability requirements for settlement as specified in paragraphs MOR 12.1. to MOR 12.2., they must refuse the application.

The caseworker must check:

  • that the applicant does not fall for refusal under Part 9: grounds for refusal of the Immigration Rules
  • that where the applicant is applying for permission to stay, the applicant is not:
    • in breach of immigration laws, except where paragraph 39E applies, that period of overstaying will be disregarded
    • on immigration bail

Overstaying

The caseworker must check the applicant is not in breach of immigration laws, except where permitted by the Immigration Rules in respect of periods of overstaying. Full guidance on overstaying is available.

Immigration bail

Any applicant who is in the UK on immigration bail is not suitable for the T2 Minister of Religion route. These individuals do not hold permission to be in the UK.

Eligibility for settlement applications

This section tells caseworkers about the eligibility requirements that an applicant must meet to be granted settlement as a T2 Minister of Religion.

If the caseworker is not satisfied that the application meets all the eligibility requirements for a T2 Minister of Religion as specified in paragraphs MOR 13.1. to MOR 16.1., they must refuse the application.

The sponsor in the applicant’s most recent permission must:

  • still be approved by the Home Office to sponsor a T2 Minister of Religion
  • confirm that:
    • they still require the applicant to work for them for the foreseeable future
    • the applicant is paid, and will be paid for the foreseeable future, a salary at least equal to that paid to settled workers in the same role and compliant with, or exempt from, the national minimum wage

Qualifying period requirement

The applicant must have spent a continuous period of 5 years, before the date of application, in the UK with permission on any (or a combination) of the following routes:

  • T2 Minister of Religion / Tier 2 (Minister of Religion)

  • International Sportsperson / T2 Sportsperson / Tier 2 (Sportsperson)

  • Skilled Worker / Tier 2 (General)

  • Representative of an Overseas Business

  • Innovator Founder / Innovator

  • Global Talent

  • Tier 1 (Entrepreneur)

  • Tier 1 (Exceptional Talent)

  • Tier 1 (General)

  • Tier 1 (Investor)

The most recent permission must have been on either the T2 Minister of Religion or Tier 2 (Minister of Religion) route. An applicant does not need to have switched from Tier 2 (Minister of Religion) to T2 Minister of Religion before applying for settlement as a T2 Minister of Religion, as the definition of a T2 Minister of Religion in the Immigration Rules includes those with permission in the Tier 2 (Minister of Religion) route.

Continuous residence requirement

The applicant must meet the continuous residence requirement as specified in Appendix Continuous Residence.

Absences from the UK must be considered in line with Appendix Continuous Residence. See the guidance on calculating the continuous period for further details.

Knowledge of Life in the UK

The applicant must meet the Knowledge of Life in the UK requirement as specified in Appendix KOL UK. They do not need to meet an English language requirement for settlement, as they will have met this in their previous T2 Minister of Religion application.

Grant or refuse entry clearance

This section tells caseworkers how to grant or refuse an application for entry clearance on the T2 Minister of Religion route.

Grant entry clearance

The caseworker must grant entry clearance if the applicant:

If the applicant meets the above requirements the caseworker must grant entry clearance for the shorter period of either:

  • a period equal to the length of employment shown on the Certificate of Sponsorship plus 14 days after the end of that period

  • 3 years plus 1 month

Endorsements

The caseworker must use the endorsement: TIER 2 (MIN OF REL) MIGRANT The category is ‘D’.

Biometric information for entry clearance

Successful applicants for entry clearance are given either a digital status or a biometric resident permit (BRP). Caseworkers must issue those given a BRP a 90- day visa to allow them to collect their BRP after they have arrived in the UK.

Refuse entry clearance

Before refusing an application for entry clearance, the caseworker should discuss this with their manager. The application should be refused if the applicant:

Administrative review

If an application for entry clearance is refused, the applicant cannot appeal against the decision. However, if they think the Home Office has made an error in considering their application, they can apply for an administrative review under Appendix AR: Administrative Review. Details of how to make an administrative review application must be included in the decision letter.

Grant or refuse entry at a UK port

This section tells Border Force officers how to grant or refuse entry at a UK port on the T2 Minister of Religion route.

Granting permission to enter

Before the Border Force officer grants permission to enter, they must be satisfied:

  • the applicant has valid entry clearance or permission to stay in the UK on the T2 Minister of Religion route

  • there are no reasons to believe the applicant gave false information to obtain the entry clearance or permission to stay in the UK, or that circumstances have changed since it was issued

  • none of the general grounds for refusal in Part 9: Grounds for Refusal apply

Refusing permission to enter

The Border Force officer must refuse under paragraph 9.14.1. of the Immigration Rules if someone seeks entry as a T2 Minister of Religion without a valid UK entry clearance for this purpose.

The Border Force officer must take into account the applicant’s continuing permission if they are considering refusing them after their return from a short absence abroad. The Border Force officer must consider the refusal under Part 9 of the Immigration Rules.

If the applicant is subject to a deportation order, any permission they have been granted is cancelled. The Border Force officer must refuse under paragraph 9.2.1.(c) of the Immigration Rules.

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Appeal rights and refusal forms

An applicant who has valid entry clearance (EC) or a biometric residence permit (BRP) which is cancelled at the border will not have a right of appeal against that decision. Where an EC or a BRP is cancelled the applicant may have a right to administrative review of that decision.

Where there is a right to administrative review at the border, the Border Force officer must serve an IS82 No RD AR in UK port cases and at the juxtaposed controls they must serve an IS82 JUXT AR.

Where the applicant has an EC or BRP and is having their permission cancelled at the border and does not qualify for administrative review, the Border Force officer must serve an IS82 RD no AR in UK port cases and at the juxtaposed controls they must serve the IS82 JUXT No AR.

Where the applicant does not hold an EC or BRP and there is no right to administrative review, the Border Force officer must serve the applicant an IS82 No AR RLE in UK port cases, and an IS82 JUXT No AR RLE at the juxtaposed controls.

If the applicant is the subject of an extant deportation order, they do not have a right of appeal before removal. The Border Force officer must serve them with form IS 82A, which they can find on the caseworking system.

Grant or refuse permission to stay

This section tells caseworkers how to grant or refuse an application for permission to stay on the T2 Minister of Religion route.

Grant permission to stay

The caseworker must grant permission to stay if the applicant:

If the applicant meets the above requirements the caseworker must grant permission to stay for the shorter period of either:

  • to the job end date shown on the Certificate of Sponsorship plus 14 days after the end of that period

  • 3 years

  • the period of time they need to take their total stay on any combination of the T2 Minister of Religion, International Sportsperson, or Skilled Worker routes (or their predecessor routes) to a period of 6 years

Biometric information

Successful applicants for permission to stay are given either a digital status or a biometric residence permit (BRP). The caseworker must check the biometric residence permit system before they submit a BRP card production request.

Refuse permission to stay

Before refusing an application for permission to stay, the caseworker should discuss this with their manager. The application should be refused if the applicant:

  • does not meet the requirements of paragraphs MOR 1.1. to MOR 8.2.

  • falls for refusal under Part 9: grounds for refusal

  • is in breach of immigration laws, except for any period of overstaying allowed under the Immigration Rules

Administrative review

If an application for permission to stay is refused, the applicant cannot appeal against the decision. However, if they think the Home Office has made an error in considering their application, they can apply for an administrative review under Appendix AR: Administrative Review.

Grant or refuse settlement

This section tells caseworkers how to grant or refuse an application for settlement on the T2 Minister of Religion route.

Grant settlement

The caseworker must grant settlement if the applicant:

Refuse settlement

Before refusing an application for settlement, the caseworker should discuss this with their manager. The application should be refused if the applicant:

  • does not meet all the requirements of paragraphs MOR 11.1. to MOR 16.1.

  • falls for refusal under Part 9: grounds for refusal

  • is in breach of immigration laws, except for any period of overstaying allowed under the Immigration Rules

Administrative review

If an application for settlement is refused, the applicant cannot appeal against the decision. However, if they think the Home Office has made an error in considering their application, they can apply for an administrative review under Appendix AR: Administrative Review.

Conditions of permission

This section tells caseworkers about the conditions an applicant must meet if they are granted entry clearance or permission to stay on the T2 Minister of Religion route.

Applicants granted entry clearance or permission to stay on the T2 Minister of Religion route are subject to the following conditions:

  • they cannot take employment except:
    • working for the sponsor in the job recorded on their Certificate of Sponsorship (CoS)
    • supplementary employment
    • voluntary work
    • working out a contractual notice period for a job the person was lawfully working in on the date of application
  • they have no access to public funds
  • study is permitted subject to the ATAS condition in Appendix ATAS

Voluntary work

A person with permission on the T2 Minister of Religion route can do voluntary work in any sector. They must not be paid or receive other money for the voluntary work, except reasonable expenses as described in section 44 of the National Minimum Wage Act.

Absence from employment

Where a person with permission on the T2 Minister of Religion route has been absent from work without pay, or on reduced pay, for more than 4 weeks during any calendar year, the caseworker may cancel their permission, unless the reason for absence or reduction in salary is one of the following:

  • statutory maternity leave, paternity leave, parental leave or shared parental leave

  • statutory adoption leave

  • sick leave

  • assisting with a national or international humanitarian or environmental crisis, providing their sponsor agreed to the absence for that purpose

  • taking part in legally organised industrial action

Requesting more information

This section tells caseworkers about requesting more information or supporting documents related to T2 Minister of Religion applications.

Applicants and their sponsors should provide all the necessary evidence and information with the application and Certificate of Sponsorship. If, however, there is a clear error or omission with the supporting evidence provided, it may be appropriate for the caseworker to discuss the application with a manager to consider contacting the applicant to invite them to provide additional evidence or information.

Taking a fair and proportionate approach to the assessment of evidence

The caseworker must review the information on the application form and other available evidence before deciding whether they are satisfied, on the balance of probabilities (it is more likely than not) that a requirement is met.

If the applicant provides evidence that is meant to show a requirement is met and the caseworker is not satisfied the evidence is genuine, they should discuss whether to make further checks with a manager.

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Where evidence is found not to be genuine, caseworkers should consider the guidance on false representations.

Format of evidence

The Immigration Rules no longer set out specific format requirements for most documents. This doesn’t mean that format is irrelevant – it will help the caseworker assess if a piece of evidence is genuine and if it provides the information they need to be satisfied the requirement is met. The caseworker must not refuse an application because the evidence is not in a particular format but may request alternative or additional evidence if they are not satisfied what the applicant (or their sponsor) has provided shows the requirements of the rules are met.

If evidence, such as a bank letter, does not include the information the caseworker would normally expect they should consider whether to take further action to verify it.

Where evidence is missing or inadequate

The applicant will be told what evidence to provide as part of the application process. However, sometimes evidence is missing or is inadequate to enable the caseworker to assess whether a requirement is met.

If evidence is missing or inadequate, the caseworker does not have to offer the applicant an opportunity to provide different evidence. For example, if the applicant provides bank statements and they do not show the required level of funds or the evidence is not sufficient to satisfy the caseworker, they do not need to check whether the applicant has another bank account that might meet the requirement.

However, the caseworker should consider seeking further information or making verification checks when, for example:

  • evidence is missing (for example a missing page from a series) that they believe the applicant has, or could obtain

  • evidence is inadequate but could be clarified, for example, if a letter from an official financial sponsor does not include all the information the caseworker would expect

The caseworker should check any discrepancies about information on the Certificate of Sponsorship (CoS) with the sponsor.

The caseworker may decide to ask for further information from the applicant or sponsor or make verification checks in other cases if they think it would help assess whether the requirements are met. If the caseworker is not sure whether this would help, they should discuss this with a manager.

When contacting the applicant or sponsor, they should be given 10 UK working days to provide a response.

The caseworker does not need to contact the applicant or sponsor if evidence is missing or inadequate, but:

  • they do not need the information because they can get it elsewhere, for example, from the CoS

  • receiving it would make no difference to their decision (for example because the applicant would still be refused for other reasons)

Failure to supply requested information

If the caseworker requests additional information from the applicant or their sponsor, the caseworker should ask them to provide this, or an explanation why they are unable to, within 10 working days of the date of the request.

If the requested information is not received within this timeframe, the caseworker must assess whether the explanation provided is reasonable and if so, they may allow the applicant additional time to respond. If the applicant does not provide a satisfactory explanation, the caseworker may refuse the application.

Translating documents

This section tells caseworkers when they can accept translated documents for T2 Minister of Religion applications.

If a document provided is not in English or Welsh, the applicant must provide a fully certified translation from a professional translator or translation company that can be independently verified by the Home Office. The translation must include all of the following information:

  • confirmation that it is an accurate translation of the document

  • the date of translation

  • the full name and signature of the translator or an official from the translation company

  • the translator or translation company’s contact details

If no translation is provided, the caseworker should request one. If, after this, the applicant does not provide a translation, or the caseworker is unable to verify the translation, the document will not be accepted. The caseworker must continue to process the application as if the applicant had not provided the document.

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