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Extend your stay in UK after November 27: Tier 5 |
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Explaining the entry for primarily non-economic objectives
17 November 2008. If you currently live in the UK on the basis of a work permit or because you applied for temporary stay under schemes that consent entry for non-economic objectives, you should make sure that your category under which your application for leave was accepted is still valid under the new point-based system of the UK immigration law.
Your category might indeed be abolished once the new point-based system is introduced. What to do then if you want to stay or apply for settlement?
You and/or your employer will need to take action before 27 November 2008 if you want to extend your stay in the United Kingdom after your current leave under those categories expires.
Hereafter is a list of categories which will be abolished and the instructions on what you should do to renew your leave to stay in the UK.
Details are also given in regards to how to continue towards settlement in the UK if your category currently entitles you to this claim.
Bear in mind that if you are already in the United Kingdom, you will be able to complete your period of leave, providing you continue to meet the terms of your leave.
Also, if you have already been granted entry clearance abroad, but have not entered the United Kingdom yet, you will still be able to enter the United Kingdom and complete your period of leave.
There are two general categories - Tier2 and Tier 5. See which one you fit into.
[TIER 2] Skilled workers with a job offer to fill gaps in UK labour force. Click here for more details.
[TIER 5] Youth mobility and temporary workers: people allowed to work in the UK for a limited period of time to satisfy primarily non-economic objectives
EXPLAINING TIER 5
TRANSITIONAL ARRANGEMENT E
1. Visiting religious worker
2. Religious worker in a non -pastoral role
3. International Association for the Exchange of Students of Technical Experience (IAESTE)
4. International fire fighter fellowship programme
5. EU Leonardo da Vinci Programme
6. China graduate work experience programme
7. Voluntary worker
8. Exchange teacher or language assistant
9. Research assistant to a Member of Parliament
10. Au pair placement
11. British Universities North America Club (BUNAC) student Scheme
12. Jewish Agency employee
13. Teachers with leave as working holidaymakers
These categories do not lead to settlement in the United Kingdom and will be abolished once Tier 2 kicks off.
If you have been granted the maximum period of leave allowed under any of these categories, you cannot extend your stay in the United Kingdom.
If you were not granted the maximum period, you can apply to extend your current leave for up to the maximum period under transitional arrangement E, before 27 November 2008, using application form FLR(O).
If you want to continue working in the United Kingdom after your current leave expires, you must return to your normal country of residence and make a fresh application. This application will be subject to the full points-based system criteria.
TRANSITIONAL ARRANGEMENT F
1. Rudolf Steiner concession
2. Private servant in a diplomatic household
3. Overseas government employee
These categories currently lead to settlement in the United Kingdom, but will be abolished once Tier 2 kicks off.
If you entered the UK under these categories, you and/or your employer can apply before 27 November 2008 under transitional arrangement F, using application form FLR(O), for a single extension of your current leave, up to when you become eligible to apply for settlement. Your application must meet all the requirements of the category.
LENGTH OF EXTENSION:
You can apply for an extension for long enough to take your total stay in the United Kingdom up to when you become eligible to apply for settlement.
From that point on, to extend your stay, you must apply under the full points-based system criteria.
If you apply for a period less than that needed for you to be eligible for settlement, you will not be able to apply for a further extension at a later date.
Alternatively, you may apply for settlement provided you meet the requirements that exist at the time of the application.
Some categories prevent you from applying for more than a fixed period at one time. Restrictions to extent of period of application do not apply to this transitional arrangement.
For example, if you have been in the United Kingdom for two years you may apply now for an extension for any period up to three years.
TRANSITIONAL ARRANGEMENT G
1. Medical Training Initiative (MTI) - Work permit holder
2. Training and Work Experience Scheme (TWES) - Work permit holder
3. General Agreement in Trade in Services (GATS) - Work permit holder
These categories do not lead to settlement in the United Kingdom and will be abolished once Tier 2 kicks off.
If you have been granted the maximum period of leave allowed under any of these categories, you cannot extend your stay in the United Kingdom.
If you were not granted the maximum period, you can apply to extend your current leave for up to the maximum period under transitional arrangement E, before 27 November 2008, using application form WP1X (your employer) and FLR(IED) (you).
The application must meet all the requirements of the category. Your employer will not be able to apply for an extension in these categories after this date.
If you want to continue working in the United Kingdom after your current leave expires, you must return to your normal country of residence and make a fresh application. This application will be subject to the full points-based system criteria.
After your employer has received approval for a work permit extension, you must apply for further leave to remain as soon as possible: within six months from the date of the work permit approval letter. All applications for further leave to remain should be made before your current leave expires.
For example, if you currently have an MTI work permit and related leave from 1 June 2008 until 20 May 2009. Under the MTI category the maximum period of leave is 24 months. If your training is expected to extend beyond 20 May 2009, your employer must apply for an extension to your MTI work permit to extend the period of approval, which may be granted up to 31 May 2010, between now and 27 November 2008. You must then apply for further leave to remain for that period. Your leave to remain application will be considered even if it is received after 27 November 2008.
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