Tier 1 (General) migrants will no longer be able to extend their leave to remain after 5 April 2015 or apply for indefinite leave to remain (“ILR”) in the UK after 5 April 2018.
If you are considering an application for extension or ILR as a Tier 1 (General) migrant you should do so as soon as possible. However be aware that your application will go through extra scrutiny as you will need to prove that both your current and previous earnings are genuine (‘genuine earnings test’) else you will risk refusal.
Those who are self employed need to be extra cautious as it will no longer be sufficient to simply provide their payslips and bank statements to evidence their earnings. They will need to satisfy the Home Office that the earnings are “genuine”, proving which can involve significantly more paperwork and in some instances an interview.
You can extend your Tier 1 General Visa by sending your application off via post or by booking a same day appointment for renewal of your visa on the same day. It is advisable that you get your case for extension ready and book the same day appointment well in advance due to very high demand for the same day service.
Qualifying for Tier 1 General Extension
You can extend your Tier 1 (General) visa for a maximum of 3 years if you applied for a Tier 1 (General) visa on or after 6 April 2010. You can extend your Tier 1 (General) visa for a maximum of 2 years if you applied for any of the following visas before 6 April 2010:
- Tier 1 (General)
- writer, composer or artist
- self-employed lawyer
You may be able to apply for indefinite leave to remain (settlement) once you have been in the UK for 5 years.
How many points do you need?
Your total points score must be at least 95 points if you currently have permission to stay in the UK as:
- a Tier 1 (General) migrant under the Immigration Rules in place before 19 July 2010;
- a highly skilled migrant;
- a writer, composer or artist; or
- a self-employed lawyer.
If you are in any other eligible category, your total points score must be at least 100 points (unless you are covered by the HSMP Forum judicial review judgment – see below). Tier 1 (General) migrants who applied for leave after 19 July 2010 must score 100 points.
Your total score must include 10 points for English language skills and 10 points for maintenance (funds).
How can you score points?
The points available are as follows:
|Age||5 to 20|
|Qualifications||30 to 50|
|Previous earnings||5 to 80|
|English language ability *||10|
|Maintenance (funds) *||10|
* If you do not score points in these areas, your application will be refused, even if you have scored a total of 95 or 100 points in other areas.