By Peregrine

Overseas nationals in the UK under the Tier 1 (General) category will no longer be permitted to apply for Indefinite Leave to Remain (ILR) after 5 April 2018.

Background

Tier 1 (General) of the points-based system was a category aimed at ‘highly skilled migrants’ who wished to come to the UK to live and work, including self-employment, without requiring a sponsor.

The category was closed to new applicants in 2011, remaining open until April 2015 only to those making an extension application.

Eligibility for ILR

Currently, a Tier 1 General migrant may be eligible to apply for ILR if they have met all of the following criteria:

  • Lawfully resided in the UK for five continuous years.
  • Have not been outside the UK for more than 180 days in any 12 month period during the five year qualifying period.
  • Passed the ‘Life in the UK’ test.
  • Scored a sufficient number of points in the points-based system in the areas of age, knowledge of the English language, education and earnings.

Holders of a Tier 1 (General) visa who wish to make an application for ILR must check that they meet the requirements and submit their application before the 5th April 2018 deadline.

Action Items

  • Holders of a Tier 1 (General) visa who wish to make an application for ILR must check that they meet the requirements and submit their application before the 5 April 2018 deadline.
  • Employers are advised to contact their immigration specialist for further information.