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Are you an RQF Level 3 worker with leave to remain - but have not yet managed to extend your visa?

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Posted on October 12th 2017

The government announced in 2016 that Tier 2 jobs at RQF Level 3 would no longer be eligible for sponsorship under Tier 2. A “Transitional Provision” was put in place, to allow RQF Level 3 based work visas to be extended – however all such applications had to be made by 6 April 2017. The purpose of this Transitional Provision was to allow people who already had leave to remain under Tier 2 in an RQF Level 3 job to be able to extend their visas, so that they could then apply for Indefinite Leave to Remain at the end of five years.

This Transitional Period was not widely publicised. Many people are not, or were not, aware of the Transitional Period and do not know that when they come to extend their leave, they will no longer be able to do so if their job is at RQF Level 3.

This cut-off date for the Transitional Provision has left those who were already in a Tier 2 RQF Level 3 job in a very precarious position. Most people will only seek legal advice when they come to extend their visas – and will at that point realise that they are not eligible to extend. They will then be left in a position where they simply no longer meet the Immigration Rules, and may therefore need to the leave the UK.

We think this policy is very unfair and we want to do something about it.

We want to hear from you if you are in this situation.

Please do get in touch by email at Enny.Choudhury@jcwi.org.uk 

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