Making arrangements to enable them to extend your stay in UK to a total of 5 yrs
22nd June 2011: Are you a skilled workers who came to the UK under now-closed work routes? Don’t worry! The UK Border Agency is setting up new arrangements, so that you can extend your stay in the UK to a total of five years.
The UKBA has asserted: `When we introduced Tier 2 of the points-based system in 2008, we made transitional arrangements so that migrants in closed work categories could apply to extend their stay under Tier 2.
`We intended that their permission to stay, known as leave to remain’, under Tier 2 would take their total stay in a work category to five years, but we are aware that some migrants may have been granted an incorrect extension owing to technical restrictions.
`We will soon introduce arrangements for these migrants to get additional leave to remain, taking their total stay to five years. This additional leave will be granted free of charge.
`To qualify for the additional leave, you must have previously been given permission to stay for less than 2 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.
`Additionally, it is necessary 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.
`If you are granted additional leave, this does not guarantee that you will qualify for permission to settle in the UK, known as ‘indefinite leave to remain’, when you have been here for five years – you will need to meet all the settlement criteria in force at the time when you apply for settlement.
`To apply for additional leave under these arrangements, you will need to use new application form T2 (W). This application form will be published in early August 2011.
`You will not need to obtain a new certificate of sponsorship, but you will need to: enroll your fingerprints and facial image, known as ‘biometric information’; and provide evidence that you are working for the same employer.
`The application form will list the supporting evidence that you will need to send with your application. Your family members will need to apply on a T2 (W) (Dependent) application form, which will also be available in early August 2011.