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Transitional arrangement A

You can apply under this transitional arrangement if:

  • you are currently in the United Kingdom; and
  • you have a Tier 2 (General) certificate of sponsorship reference number issued by a licensed sponsor; and
  • your certificate of sponsorship confirms that the job is identified as skilled in the codes of practice (an exception to this is if you have been working as a senior care worker, see transitional arrangement D); and
  • your certificate of sponsorship confirms that the job is being paid at or above the appropriate rate; and
  • you are applying to continue to work for the same employer in the same job, that your previous leave was granted for (an exception to this is if you have been working as a senior care worker, see transitional arrangement D); and
  • you have currently been in the United Kingdom in a combination of any of the categories below and/or those listed in paragraph 134 (i) of the of the immigration rules for a total period of less than five years; and
    • a Business and Commercial work permit holder (this does not include multiple-entry work permits); or
    • a representative of an overseas newspaper, news agency or broadcasting organisation; or
    • a member of airport-based operational ground staff of an overseas owned airline.

The above categories currently led to settlement in the United Kingdom and were abolished on 27 November 2008.

Under this transitional arrangement, you do not have to score points for your qualifications, your prospective earnings, the resident labour market test, your English language skills, or maintenance.

If you are an existing work permit holder and you wish to change employment (unless you are a senior care worker, see transitional arrangement D), you need to meet the full Tier 2 criteria.

You can apply for an extension for enough leave to take your total stay in the United Kingdom up to five years.

Where you have currently been in the United Kingdom for five years or more and wish to extend your stay, you must apply under the full points-based system criteria. Alternatively, you may apply for settlement provided you meet the requirements that exist at the time you apply.