Post study work applications will be exempt from the temporary immigration cap in place until April 2011, after which the government will introduce a permanent cap which could encompass all tiers of the points based system.
The temporary limit will be in force from 19 July 2010 until April 2011, when the permanent limit will be set. During the temporary limit, post-study work, investor and entrepreneur Tier 1 categories of the points based system will be exempt from the cap, as will extension applications. So, migrants wanting to switch from a different category of the points based system will be able to do so normally until April 2011 when the permanent cap is introduced.
The assessment criteria of applications will however, remain unchanged. More details are to be made available as 19 July approaches.
The temporary immigration cap will be a monthly limit on Tier applications. The required points will also be increased from 19 July, to 100 points, an increase of 5. The following classes of Tier 1 migrants do not need 100 points, 95 will be sufficient:
• Tier 1 (General)
• Highly Skilled Migrant Programme
• Writer, composer or artist
• Self-employed lawyer
If you are in the UK in any other immigration category and you apply to switch into Tier 1 (General), or if you are applying from outside the UK, you will need to score 100 points. Take note; that means students wanting to switch from Tier 4 to Tier 1 Post Study Work will need to score 100 points!
All visa applications will be processed strictly by date order and visas will be granted on a first-come, first-served system.
And when the monthly cap is reached?
If the cap is reached in any one month, all applications will be held until the following month and again processed in strictly date order.
Your visa applications will continue to be accepted but not processed! They will be held in a queue in strict date order and processed the following month. However, if judging by the number of applications the total limit for the period to April 2011 will be achieved, you will be told when you make your application that it will not be considered under these temporary rules.