The UK Border Agency has recently changed its stance on the Tier
2 transitional arrangements for work permits issued for 6 months or
less under the old scheme before the introduction of Tier 2 of the
Points-Based System ("PBS") on 27 November 2008.
Previous guidance stated that work permit holders would only be
allowed to leave and re-enter the UK if:
1. they had previously obtained entry clearance; or
2. they were multiple entry work permit holders.
As reported in the Law-Now published on
13 November 2008, this meant that work permit holders granted
leave to remain in the UK for 6 months or less at the border, who
had not obtained entry clearance before entering the UK (because it
was not required) would not be permitted to re-enter the UK as a
work permit holder. The only route back into the UK would be under
the Points-Based System, which would involve returning to their
home country to make a fresh application.
The UK Border Agency has now issued guidance which reiterates
that anyone granted leave to enter or remain in the UK for 6 months
or less under any of the categories abolished on 27 November 2008
who has not obtained entry clearance will not be permitted to
re-enter the UK after leaving.
However two important exceptions have now been made. Individuals
granted leave to enter or remain in the UK under one of the
abolished categories will be permitted to leave and re-enter the UK
1.they have obtained entry clearance for their current grant of
2. they are a work permit holder, and the issue date of the work
permit is within the 6 months prior to the date of re-entry.
This change will allow those granted work permits for 6 months
or less to leave and re-enter the UK and will prevent them from
having to decide whether to spend their entire time in the UK with
no possibility of foreign travel for business or personal
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and may not have been updated to reflect subsequent
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The Borders, Citizenship and Immigration Act 2009 (BCIA 2009) received Royal Assent in 2009.
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