Britain explains new visa rules for interim immigration cap

Wednesday, 7 July 2010

For those who plan to immigrate to Britain, the UK Border Agency (UKBA) has given a detailed explanation to help better understand the implications of the British government's interim limit on non-EU immigration from July 19. The agency said in a release that until the interim limit is implemented on July 19, 2010, applications will continue to be assessed as normal.

The Investor, Entrepreneur and Post-study work categories of Tier 1 will not be included in the interim limit and in-country extensions under Tier 1 (General) will also be excluded.

About the interim cap, the UKBA said: "From 19 July 2010, we will introduce a limit on the number of applications to Tier 1 (General) that we will consider in any one month. We will also increase the pass mark for Tier 1 (General), from 95 points to 100 points. Applications will be dealt with on a first-come, first-served basis.

"Those who are already in the UK under Tier I (general) will be excluded from the limit and they can even apply for an extension. Same is the case with those already in the UK under any other immigration category and want to switch to Tier I (General)."

The UKBA release said that under the interim cap, the number of points required for a Tier I (general) has been revised.

"If you are in the UK in one of the following categories - Tier I (General), HSMP, Writers, composers and artists, self-employed lawyers and are applying to extend your stay in Tier 1 (General), you will need to score 95 points. If you are in the UK in any other category, for example Tier 1 (Post-study work), then you will need to score 100 points when you apply to switch into Tier 1 (General). If you are applying from outside the UK, you will need to score 100 points."

While applications will be accepted during the interim limit period, they will not be processed once the monthly limit has been reached. Applications will be held in a queue, in strict order of their date of application. Applications in the queue will be processed when the following month's limit is opened.

For the Tier II (General) category, the 'Intra-company transfer', 'Sportsperson' and 'Minister of religion' categories of Tier 2 will not be included in the interim limit.

From July 19, a limit on the number of certificates of sponsorship that each sponsor can assign to migrant workers under Tier 2 (General) is being introduced. A migrant who has a valid certificate of sponsorship will be considered inside the limit and the application will be assessed as normal.

Applicants who are in Britain in another immigration category and wish to switch into Tier 2 (General) will be included in the limit, the release said.