The Home Office has announced it is eliminating the Tier 1 (General) category and will no longer accept applications for extensions of stay under the category after April 5, 2015. Additionally, the Home Office will stop accepting applications for indefinite leave to remain, the UK’s term for permanent residence, under Tier 1 (General) on April 6, 2018.
Tier 1 (General) was closed for new applications in 2011, but Tier 1 (General) workers have been permitted to renew their status as a transitional measure. It was thought that renewals would be allowed indefinitely, but the Home Office is opting to completely close the category.
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 now to identify affected individuals and review available immigration options.
Foreign nationals in Tier 1 (General) status who will seek indefinite leave to remain must ensure they will meet the requirements by no later than April 6, 2018. This may involve avoiding lengthy absences from the UK, as an applicant for indefinite leave to remain must not have absences that exceed 180 days per year in the five years preceding the application date. Foreign nationals should maintain detailed records documenting time they spend outside of the UK.
This alert is for informational purposes only. If you have any questions or would like further advice on how this change may affect you, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
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