Tier 1 (General) – Quota Reached for October
The UK Border Agency today announced that the Tier 1 (General)
quota for out of country applications has been reached for
October.
The interim quota came into effect on 19 July 2010, and set a limit
of 600 Tier 1 (General) out of country applications worldwide.
These measures will be in place until the permanent quota is
introduced in April 2011. Until now, this monthly cap has not been
reached and unused allocations from July onwards have been rolled
over to subsequent months. The increase in Tier 1 (General)
applications is likely to be a direct result of the lack of Tier 2
General Certificates of Sponsorship available to employers.
Further visas for successful Tier 1 (General) applications will be
issued when the limit allocation re-opens on 1 November 2010.
Applicants may continue to submit their Tier 1 (General) visa
applications during this closure period, but if the application is
successful, the visa will not be issued until the limit allocation
re-opens.
Biometric Residence Document – Tier 1 & 5
The UK Border Agency also just announced that, subject to
Parliamentary approval, those applying for further leave to remain
in the UK under Tier 1 or 5 must provide their biometric
information from 14 December 2010. They will be issued with a
Biometric Residence Permit ("BRP"), rather than a
vignette endorsed in their passport. This applies to all
sub-categories of Tier 1, including highly skilled migrants,
investors, entrepreneurs and post-study workers, as well as Tier 5
temporary workers.
This means that all applicants in these categories, and their
dependants, must provide their biometric information by having
their fingerprints and a digital photograph taken. If the
application is submitted by post, this can be done at either at one
of 17 Post Offices which offer a walk-in service if the applicant
has no dependants, or at one of 11 Home Office Biometric Enrolment
Centres by appointment only.
If the application is submitted on the same-day service at one of
the Public Enquiry Offices, the applicant must book an appointment
in advance, and must often wait several weeks for an available
slot. They will give their biometric information on the day of the
appointment and will have to wait a further 7-10 days to receive
their BRP, rather then having the endorsement processed on the
same-day under the current system.
What this means for you
For Tier 1 (General) applications being submitted outside the
UK, individuals should be prepared for delayed processing times.
All applications which have been submitted, but the visa not yet
issued, will be held over until 1 November. As those applications
will be processed prior to new submissions, this may add a minimum
of 10 days to the processing time. If the number of Tier 1
(General) applications continues to exceed the quota, then this
will have a knock-on effect for the following months, causing even
further delays.
For in-country applications under Tier 1 or 5, applicants should
submit prior to 14 December if possible, otherwise they will need
to factor in the additional time required for the main applicant
and all family members to book and attend a biometric appointment,
and for their BRPs to be processed by the UK Border Agency.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 21/10/2010.
