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UNITED KINGDOM | Tier 1 - Biometrics Required for Extensions | October Limit Reached | |
The UK Border Agency (UKBA) has announced that from 14 December 2010, the biometric residence permit system will be rolled out for extensions under Tiers 1 and 5 of the Points Based System. In addition, the October cap for Tier 1 (General) applications has been reached, meaning that no more Tier 1 (General) applications from outside the UK can now be approved until 1 November. |
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Biometric Requirement
"Biometric" residence permits, i.e. residence permits which contain biometric data unique to the holder, in the form of fingerprints and a digital photograph, are already in place for several immigration categories in the UK, including for extensions under Tier 2 of the Points Based System, the most common route by which companies sponsor foreign national employees to work in the UK.
Biometric residence permits are issued as ID cards, rather than as stickers (or "vignettes") in the passport. |
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What's Changed?
Until now, there have not been biometric requirements in place for Tier 1. However, from 14 December 2010, this requirement is being extended to all applicants extending their stay under Tiers 1 and 5 of the Points Based System.
This means that these applicants will have to go in person to give their fingerprints and to have their photograph taken. Biometric data can be given at one of 17 appointed Post Offices in the UK, or by appointment at one of the 11 Home Office biometric enrolment centers. |
More About Tier 1 and Tier 5
Tier 1 is the highly skilled route into the UK, replacing the previous HSMP (Highly Skilled Migrant Programme). It also covers post-study workers, investors and entrepreneurs. Tier 5 is the route for several categories of temporary worker in the UK. |
Tier 1 (General) October Limit Reached
Additionally, the cap in place for Tier 1 (General) applications made outside the UK has been reached for the month of October. Applications may still be submitted but will not be approved until 1 November. |
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More About the Cap
As part of the UK government's decision to reduce net migration to the UK, a cap has been introduced for Tiers 1 and 2 of the Points Based System. The final details of the cap are still being determined, and an interim cap, in place until 31 March 2011, has been introduced in the meantime. More details can be found in Pro-Link GLOBAL's Global Brief here.
The cap is administered on a monthly basis for Tier 1 (General), meaning that the limit allocation is re-opened on the 1st of every month, This is the first time the monthly cap has been reached. It is likely to be reached again in the following months, as of course the applications made in the second half of October will now count towards the cap in place for November. Additionally, employers are more frequently looking to Tier 1 as a route to bring employees into the UK due to the cap on Tier 2 (General) applications - this shift is likely to have increased numbers of Tier 1 applicants. |
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Who is Affected?
First time applicants for Tier 1 (General) applying from outside the UK are affected. It is important to note that the cap does not affect applications from dependents, applications to switch into Tier 1 (General) from a different immigration category, or applications to extend existing Tier 1 (General) visas. |
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ACTION ITEMS FOR EMPLOYERS
- Note that from 14 December, extensions for Tiers 1 and 5 will require biometric data. To avoid this administrative process, Pro-link GLOBAL recommends that extension applications are submitted in advance of 14 December.
- Note that the October cap for Tier 1 (General) applications submitted outside the UK has been reached. Applications will be rolled over to November. This will, clearly, cause at least two weeks' delay.
- Pro-Link GLOBAL is pro-actively contacting all clients with active cases to discuss these changes.
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Caveat Lector | Warning to Reader
This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment's notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification.
Pro-Link GLOBAL worked with our PLG|KGNM correspondent office in the UK to provide this Global BRIEF alert to you.
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