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UK to Introduce Additional Leave to Remain for Skilled Migrants
Updated on : Wed, 22 Jun 2011 14:00:00 GMT
Thursday, June 23, 2011
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The UK Border Agency (UKBA) made an announcement on 21 June, 2011 stating that it is preparing for new arrangements that allow skilled migrants who entered the UK under closed work routes to extend their stay in this country up to a total period of 5 years.
Along with the introduction of Tier 2 of the point-based system in 2008, there were already transitional arrangements that were made by the UKBA in order to give skilled migrants under closed work visa categories opportunities to apply for their extension of stay under Tier 2.
It was expected that those skilled migrants would extend their stay in the UK under a work visa category to a total of 5 years thanks to their permission to stay (also known as 'leave to remain'). However, during implementation, it turns out that some migrants may have been granted an incorrect extension due to technical restrictions.
According to the UKBA's announcement, it is setting up new arrangements for these skilled migrants to get additional leave to remain, which will take their total stay to 5 years. Skilled migrants will be granted this addition leave at no charge.
The additional leave applies to migrants who have already been given leave to remain for less than 2 year as a Business and Commercial or a Sports and Entertainment work permit holder, a Jewish agency employee, a member of the operational ground staff of an overseas-owned airline, or minister of religion, missionary or member of a religious order.
There are also some certain requirements for the addition leave as follows:
- you applied for, and were 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.
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