From 23 December 2010 the UKBA will stop accepting Tier 1 (General) applications made overseas. According to the UKBA the step has been taken “to ensure that we do not exceed the limit set by the government for issued Tier 1 (General) applications between 19 July 2010 and April 2011.” The government’s approach clearly stampedes the legal notion of the cap being declared unlawful by the High Court.
Indulging further in its illegality and intensifying the existing confusion, chaos and entropy the UKBA has stated that:
Tier 1 (General) overseas will not reopen for applications. Tier 1 (General) in the UK will remain open until 5 April 2011. There will be transitional arrangements beyond 6 April 2011 for some applicants who are already in the UK, and we will announce details of these in due course.
The agency has issued the following statement on behalf of the immigration minister and the home secretary:
Following a court judgement on Friday, the government has also set a limit until 5 April 2011 on the number of certificates of sponsorship that are available to licensed Tier 2 sponsors under Tier 2 (General). The level of the limit will be 10,832, and the changes will take place immediately.
The above changes are set out in a new statement of changes to the immigration rules (HC 698).
