Attention!!
Tier 1 (General)
Visa Holders

19 January 2015

Closing for good – 6 April 2015

As of 6 April 2015 the opportunity to gain an extension under the Tier 1 (General) category will be permanently removed. Following the closure of this route to new applicants in 2011, the government is sticking to its guns concerning the final deadline for existing migrants with a Tier 1 (General) visa to file for an extension under this immigration category.

Once the extension route has closed, Tier 1 (General) visa holders will have no option but to either ‘switch’ visa category prior to the expiry of their existing conditions or apply for UK permanent residency.

Are you set to apply for permanent residence in the UK? 

In line with many other work-related visa categories, Tier 1 (General) visa holders are entitled to secure the right to permanent residence in the UK (indefinite leave to remain or ILR) upon completion of five years residency in the UK.

The government has confirmed that the opportunity to secure ILR will continue to remain open to Tier 1 (General) visa holders until 2018. However, before applying, applicants must be sure they stand a good chance of qualifying as there are specific requirements that need to be met. These include successfully completing a Life in the UK Test, remaining within the set limits on the number of days spent outside the United Kingdom and being free of criminal convictions.

If an applicant believes that their application for permanent residence might face refusal (i.e. due to the length of time spent overseas in the past five years) then they may decide to submit a Tier 1 (General) visa extension before the April 2015 deadline and thereby defer any immediate need to apply for permanent residency.

An interim extension will extend the lifespan of a Tier 1 (General) visa by three years and potentially enhance an applicant’s chances of successfully securing permanent residence at a later date. This tactic may not only be of particular benefit where an excessive number of absences from the UK have accumulated but also where the applicant holds an ‘unspent’ criminal conviction.

Plan Ahead

Deciding whether a Tier 1 (General) visa holder would be best served by submitting an extension application just prior to this April’s deadline depends upon the individual’s circumstances. Although applying for an interim Tier 1 (General) extension does not come cheap, it would enable applicants whose visas are due shortly to expire significantly more time to plan when to file their UK residency application.

Should you have any concerns over April’s extension deadline, please consult your Smith Stone Walters Immigration Advisor regarding your options. We are a friendly, dedicated team of immigration experts who manage and support both individual and corporate immigration strategies.

Share story