The UK Border Agency has recently changed its stance on the Tier 2 transitional arrangements for work permits issued for 6 months or less under the old scheme before the introduction of Tier 2 of the Points-Based System ("PBS") on 27 November 2008.
Previous guidance stated that work permit holders would only be allowed to leave and re-enter the UK if:
1. they had previously obtained entry clearance; or
2. they were multiple entry work permit holders.
As reported in the Law-Now published on 13 November 2008, this meant that work permit holders granted leave to remain in the UK for 6 months or less at the border, who had not obtained entry clearance before entering the UK (because it was not required) would not be permitted to re-enter the UK as a work permit holder. The only route back into the UK would be under the Points-Based System, which would involve returning to their home country to make a fresh application.
The UK Border Agency has now issued guidance which reiterates that anyone granted leave to enter or remain in the UK for 6 months or less under any of the categories abolished on 27 November 2008 who has not obtained entry clearance will not be permitted to re-enter the UK after leaving.
However two important exceptions have now been made. Individuals granted leave to enter or remain in the UK under one of the abolished categories will be permitted to leave and re-enter the UK if:
1.they have obtained entry clearance for their current grant of leave; or
2. they are a work permit holder, and the issue date of the work permit is within the 6 months prior to the date of re-entry.
This change will allow those granted work permits for 6 months or less to leave and re-enter the UK and will prevent them from having to decide whether to spend their entire time in the UK with no possibility of foreign travel for business or personal purposes.
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 16/01/2009.
