Preparing for the April 2015 Closure of Tier 1 (General) Category for Extension Applications
January 5, 2015
Foreign nationals who are in the UK under Tier 1 (General) status will no longer be allowed to apply for extensions of stay after April 5, 2015, when the UK government will formally close the category.
Tier 1 migrants should plan ahead if they will seek to extend their status before April 5. Tier 1 (General) extension applicants must demonstrate that they have maintained a bank balance of at least £945 for at least 90 consecutive days before they submit their applications. In practice, this means that those seeking to apply for extensions on the April 5, 2015 deadline must maintain this minimum balance beginning on January 5, 2015.
After extensions become unavailable, individuals in Tier 1 (General) status will need to consider applying for indefinite leave to remain, the UK’s term for permanent residence. Tier 1 (General) migrants will have until April 6, 2018 to apply for indefinite leave to remain, but potential applicants should plan ahead to ensure they will meet all filing requirements before the 2018 deadline. For example, indefinite leave applicants cannot have spent more than 180 days per year outside of the UK in the five years preceding the date on which they submit their application, so potential applicants may need to avoid lengthy absences from the UK over the next few years. Foreign nationals should maintain detailed records documenting the time they spend outside of the UK.
What This Means for Employers and Foreign Nationals
Companies with foreign employees in the UK under Tier 1 (General) status should work with their immigration service provider to identify affected individuals and advise them to ensure their bank accounts meet the eligibility requirement for extensions. Companies may also want to begin identifying individuals who will seek indefinite leave to remain after the Tier 1 (General) category is closed.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2015 Fragomen
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