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Transitional arrangements for tier 2

This page explains what you need to do if you have existing leave to enter or remain under a category which was abolished on 27 November 2008. If the leave you have is in a category that currently leads to settlement, this page also explains how you will be able to continue towards that aim.

If you are already in the United Kingdom, you will be able to complete your period of leave, providing you continue to meet the terms of your leave.

If you have been granted entry clearance abroad, but have not yet entered the United Kingdom, you will still be able to enter and complete your period of leave. You will also be able to leave and re-enter the United Kingdom during your period of leave.

If you have not been granted entry clearance but your current grant of leave to remain is for a period of over six months, you will be able to leave and re-enter the United Kingdom during your period of leave.

However, if you have not been granted entry clearance and your current grant of leave is for a period of six months or less, you will not be able to re-enter under one of the abolished categories. You will need to apply again under the full requirements of the points-based system. This applies even if your total stay in the United Kingdom is more than six months. For example, if you came here for two years and were then granted permission to extend your stay for a further three months, you will not be able to re-enter if you leave the United Kingdom.

There are two exceptions where you can leave and re-enter, even if your current grant of leave is for a period of six months or less:

  • If you have been granted entry clearance for your current grant of leave; or
  • If you are a work permit holder. You will only be able to do this if the date of issue on your work permit is within the last six months.

We no longer accept applications for work permits (unless the application is for a Bulgarian or Romanian national). If you have a valid work permit or are issued one as a result of an application made before 27 November 2008, you can still apply for leave to enter or remain under the immigration rules relating to work permits. For further information, you should see the guidance.

If you are currently on a multiple entry work permit, you cannot apply under the transitional arrangements. If you want to continue working in the United Kingdom after your current leave expires, you must return to your normal country of residence and make a fresh application. This application will be subject to the full points-based system criteria.

There were no transitional arrangements for the following categories, as no extensions are allowed and they did not lead to settlement:

  • the working holidaymaker scheme;
  • the Japan: Youth Exchange scheme;
  • gap year entrants working in United Kingdom schools concession.

Transitional arrangements for the following categories have now closed:

  • Visiting religious worker;
  • Religious worker in a non-pastoral role;
  • International Association for the Exchange of Students of Technical Experience (IAESTE);
  • International fire fighter fellowship programme;
  • EU Leonardo da Vinci Progamme;
  • China graduate work experience programme;
  • Voluntary worker;
  • Exchange teacher or language assistant;
  • Research assistant to a Member of Parliament;
  • Au pair placement;
  • British Universities North America Club (BUNAC) student scheme;;
  • Jewish Agency employee;
  • Teachers with leave as working holidaymakers;
  • Rudolf Steiner concession;
  • Private servant in a diplomatic household;
  • Overseas government employee;
  • Work permit holder - Medical Training Initative (MTI);
  • Work permit holder - Training and Work Experience Scheme (TWES); and
  • Work permit holder - General Agreement in Trade in Services (GATS).

If you have leave in one of these categories and want to continue working in the United Kingdom after your current leave expires, you must return to your normal country of residence when your leave expires and make a fresh application. This application will be subject to the full points-based system criteria.

The table below explains the transitional arrangements for all other categories that were abolished when tiers 2 and 5 of the points-based system were introduced on 27 November.

Your employer will need to have a tier 2 sponsor licence and you will need to apply using the tier 2 application form.

What is my current category? Which transitional arrangement should I use?
Work permit holder -business and commercial (except senior care workers) A
Representative of an overseas newspaper, news agency or broadcasting organisation A
Member of airport-based operational ground staff of an overseas owned airline A
Minister of religion B
Missionary B
Member of a religious order B
Work permit holder - sports and entertainments (sportsperson) C
Work permit holder - business and commercial (senior care workers) D
Work permit holder - sports and entertainments (entertainer) H