Free extension of stay announced for skilled workers in closed work routes

Skilled workers who are in the UK on work visa routes which are now closed can take advantage of new arrangements which will allow them to extend their stay.

The UK Border Agency have announced that they will be making arrangements for affected migrants to extend their leave to remain in the UK up to a maximum of five years, and that this extension will be granted free of charge.

Family members and dependents currently in the UK with you will be included in these arrangements.

Only certain types of migrants will be able to take advantage of this offer; the criteria are detailed below.

Do the arrangements apply to me?

When Tier 2 of the points-based system was introduced in 2008 the old categories which Tier 2 replaced were closed. The UKBA introduced transitional arrangements to allow people to extend their stay under the new Tier 2 for people in these closed categories up to five years.

However, the UKBA have announced that they are ‘aware that some migrants may have been granted an incorrect extension owing to technical restrictions.’

You may qualify for the extension of leave if you have previously been given permission to remain in the UK for less than two years as:

a Business and Commercial work permit holder (which includes ICT work permits)
a Sports and Entertainment work permit holder
a Jewish agency employee
a member of the operational ground staff of an overseas-owned airline; or
a minister of religion, missionary or member of a religious order

Additional requirements

There are other requirements you must meet in order to be eligible. As well as having been granted permission to stay as above, you must:

applied for, and been granted, leave to remain under Tier 2 through the transitional arrangements in place for migrants in these categories
you are still working for the employer who assigned your certificate of sponsorship, and being paid the appropriate salary for your job
you intend to continue working for the same employer
you currently have valid leave to remain in a Tier 2 category (General, Intra company transfer, Minister of religion or Sportsperson)
you were granted the maximum period of 3 years’ leave to remain under Tier 2; and
you can prove that you still meet the conditions of your existing leave

If you meet the above requirements then you can apply for an extension of your stay up to five years. This means that you may be able to qualify for Indefinite Leave to Remain (ILR) at the end of the five years; you will still, however, need to meet the separate requirements for ILR at that time.

How to apply

The UKBA will publish a new form for applications under these arrangements. If you meet the above criteria and wish to apply then you will need to use Form T2 (W), which will be published on the UKBA site in early August 2011. Dependents will need to apply using form T2 (W) (Dependent).

You will not be required to get a new certificate of sponsorship to apply. However, you will need to provide: