Points based system - special time limited arrangements for people already in the UK

Updated by Gherson on Tuesday 15 April 2008. | | | | | | | |

In the most recent measure announced with respect to its Points Based System the UK Border Agency has announced that people currently in the United Kingdom in specific immigration categories which will be deleted as the Points Based System is implemented may complete their leave to remain under the existing terms of that leave.   If they apply successfully to extend their leave in their existing categories they will be granted enough further leave to remain to entitle them to apply for settlement in the UK at the expiry of that  further leave to remain.  

The eight categories which will be deleted as the Points Based System is fully “rolled out” are:

•    Highly Skilled Migrant Programme (HSMP)
•    writers, composers and artists;
•    innovators;
•    business persons;
•    self-employed lawyers (this is a concession within the category of business persons);
•    investors;
•    Fresh Talent: Working in Scotland Scheme; and
•    International Graduates Scheme.

The Agency has not announced the date on which these categories will be deleted (although please see below with regard to the HSMP), but it has stated that they will not be deleted before 30 June 2008.  

The first of these categories, the HSMP, has already been discontinued in the UK.  Anyone seeking to extend his or her leave to remain under the HSMP must instead apply for leave to remain as a Tier 1 (General) Migrant.  Transitional arrangements to enable them to do this were contained in HC 321, the statement of changes in the immigration rules which was laid before parliament on 6 February 2008.   In India it has not been possible to apply for leave to enter the UK under the HSMP since 1 April 2008.  Instead applications must be made under the new rule 245C (which was also contained in HC 321).   Tier 1 (General) will replace the HSMP world wide in due course.  

No transitional arrangements have been announced for people who are currently in the UK as business persons (apart from those who are in the sub category of self-employed lawyers) or as investors.  This is because the requirements for an extension of their stay in the UK under the current immigration rules will be virtually the same as those for the Entrepreneur and Investors sub categories of Tier 1.  

Transitional arrangements are therefore only announced for the remaining five categories.  These are people who are in the UK having been granted leave to enter or remain as  self-employed lawyers,  writers, composers and artists, innovators or under the International Graduates Scheme or the Fresh Talent: Working in Scotland Scheme.
 
People in the first three of these categories (self-employed lawyers and writers, composers and artists, and innovators) are to be allowed to make applications for their stay to be extended in their existing category.  

Importantly:

•    they will be allowed to make these applications regardless of how much leave to remain they have left at the time they make their applications and,

•    if the application is successful the applicant will be given enough further leave to remain  to take him or her to the he end of the qualifying period for being eligible to apply to settle permanently in the United Kingdom

They will of course not be able to make these applications to extend their leave to remain in their current category unless they do so prior to the deletion of these categories.  If they wait until after the categories have been deleted applicants who wish to extend their stay in the UK will have to apply for leave to remain under the rules relating to the Tier 1 (General) category of the Points Based System.

Applications will only be accepted from people who have been granted leave to enter or remain in the UK in one of these two categories prior on or before 14 April 2008, who are already in the UK and whose permission to stay in the UK will expire before they are eligible to apply to settle permanently in the UK.  

In the light of this announcement anyone who has leave to remain in these categories is strongly urged to seek professional legal advice as soon as possible.  

People who are in the UK with current leave to enter under the International Graduates Scheme are not being informed of a time limited opportunity to apply to extend their leave to remain in the same category.  

Instead if they have remaining leave under the International Graduates Scheme on or after the date on which the Agency  introduces Tier 1 (Post Study Work) of the points-based system they  will be able to apply to extend their  permission to stay in the UK in their existing category for long enough to give them  a combined total of two years under that category and the Post Study Work category. This will be a one-off transitional arrangement, which will only be in place when the International Graduates Scheme immigration category is deleted.

Similarly transitional provisions for people who are currently in the UK under the Fresh Talent: Working in Scotland Scheme will not be announced until this immigration category is deleted.  

Solicitors at Gherson are carefully monitoring each stage of the UK Borders Agency’s implementation of the Points Based System and are highly experienced in advising clients seeking to apply  for leave to enter or to remain in the UK to work or to study.