On 19 July 2010 it was announced by the Her Majesty’s Coalition government that it would introduce a limit on entry clearance applications from overseas applicants under Tier 1 (General) of the PBS until 31 March 2011 when a full immigration cap would be implemented. However, the interim limit, i.e. the one arrived at this October, 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.
The limit is administered by the UKBA on a monthly basis and therefore the agency argues that “in order to avoid breaching the visa allocation for October 2010, we will not issue any more visas for successful Tier 1 (General) applications made overseas until the limit allocation reopens on Monday 1 November 2010.” But it remains to be see what type of backlog of work such an approach will create in light of its downsizing, a topic which I have blogged about here.
The implemented changes are divided into two categories which I am setting out hereunder.
Overseas applicants applying under Tier 1 (General) from abroad can still submit an application for a Tier 1 (General) visa during this closure period. However, if the application is successful, the UKBA will not issue a visa to an applicant until the limit re-opens.
Persons with an outstanding Tier 1 (General) application should note that there may be a short delay in issuing your visa if your application is successful. For more information, see the UKBA’s Visa services section.
In Country Applicants
Persons applying to extend their permission to stay in the UK under Tier 1 (General), or applicants who are switching into Tier 1 (General) from another immigration category, remain unaffected by the limit. Provided that an application is successful permission to stay will be issued as “normal”.