As of 6 April 2018, the Tier 1 General Indefinite Leave to Remain category will be closed for Tier 1 Migrants. Applicants who fail to submit an application for Indefinite Leave to Remain by 6 April 2018 will have their right to settlement under the Tier 1 General route taken away from them. At this stage, it is not clear whether there will be an opportunity available for a Tier 1 General Indefinite Leave to Remain application for anyone who fails to submit an application due to exceptional and compelling circumstances.
Background to Tier 1 General Category
The Points Based System was introduced by the Labour government in 2008 to simplify and replace the longstanding Immigration system in the UK. The primary focus of the Points Based System was to focus and to create a new streamlined process for business visa applications to the UK. The Tier 1 General category replaced the Highly Skilled Migrant Program (HSMP). Under the Tier 1 General Route Applicants could come to the UK to work for up to 2 years with the option of extending their leave.
In April 2011 the Home Office closed the Tier 1 General and in April 2015 the Home Office closed extension route for Tier 1 General migrants.
Apply for Tier 1 Indefinite Leave to Remain before cutting off point
Applicants on a Tier 1 General visa who are entitled to apply for settlement before 6 April 2018 must act quickly and start preparing for their Tier 1 General Indefinite Leave to Remain application. To apply for Indefinite Leave to Remain, Applicants must meet the following criteria:
- Must be a minimum of 18 years of age;
- Must not have any spent or unspent criminal convictions;
- Must meet the English language requirement;
- Must pass the Life in the UK Test;
- Must meet the continuous residence requirement and must not have access absences; and
- Must meet the minimum earnings requirement.
After 6 April 2018, The Home Office will be deleting the Tier 1 General Indefinite Leave to Remain category similar to what they have previously done in 2011 and 2015 with Tier 1 entry and extension applications. The Home Office is now closing the Indefinite Leave to Remain category for Tier 1 General migrants.
What happens if you fail to apply for Tier 1 General Indefinite Leave to Remain before 6 April 2018?
Tier 1 General Applicants who fail to secure their future by applying for Indefinite Leave to Remain in the UK by 6 April 2018 will lose their right to settlement under the Tier 1 General route. However, this does not mean Applicants cannot apply for settlement using a different visa category but it does mean that Applicants will have to their start their 5-year qualifying period again from zero.
Applicants who do not apply for Indefinite Leave to Remain must switch into another visa category at the end of their Tier 1 General visa period. Failure to apply for Indefinite Leave to Remain or switch into another visa category will result in overstaying. The Home Office does not tolerate overstaying and will issue removal proceedings instantly. Therefore it is imperative for Applicants to apply for Indefinite Leave to Remain or apply to switch into another visa category such as Tier 1 Entrepreneur, Tier 1 Investor, Tier 2 Work or Tier 4 Student.
Using Legal Representation to submit a Tier 1 General Indefinite Leave to Remain Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 General Indefinite Leave to Remain application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 General Indefinite Leave to Remain application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 General Indefinite Leave to Remain application meets the Immigration Rules.
Successful Tier 1 General Indefinite Leave to Remain Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Tier 1 General Indefinite Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 1 General Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful Tier 1 General Indefinite Leave to Remain application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.