Last week, a statement of changes in Immigration Rules was presented to Parliament. The changes are regarding the Home Offices new restrictions on the Entrepreneur visa route, which allows migrants to set up businesses in the UK in order to create jobs and growth. The reason for the changes come after tax records showed migrants on Tier 4 Student visas switching to Tier 1 Entrepreneur visas, were not actually setting up businesses but were in fact working in low skilled jobs. The Home Office has suggested that migrants and ‘organised criminals’ began to use the entrepreneur route when the post study work visa was abolished in 2012. Applications increased from 118 in 2009 to approximately 10,000 in 2013, with the UK Government fearing that the entrepreneur visa is being used as a route to low-skilled work for migrants.
James Brokenshire: Systematic Abuse will not be Tolerated
Immigration Minister James Brokenshire, stated that the Immigration Rules are being tightened to prevent migrants and organised criminals obtaining entrepreneur visa by dishonesty, in order to allow them to stay in the UK.
“This shows that a robust response is required to protect the integrity of the immigration system and to make clear that systematic abuse will not be tolerated. The new restrictions on switching into the Tier 1 (Entrepreneur) category will apply whilst we carry out further investigations into these abuses and review the route to ensure that it delivers its proper purpose, which is to help foster growth and innovation. The changes will come into force tomorrow, to guard against the possibility of any further intake of speculative or fraudulent applications.”
According to the Home Office, in line with the changes international students will only be able to switch to an entrepreneur visa by using funds from a government-approved source, and post study workers will be required to submit additional evidence of their business activities. Additionally, those who have not yet started a business and do not have sufficient evidence of a genuine business, will not be able to switch from the old post-study route on to an entrepreneur visa.
Additional changes to the Immigration Rules
In addition, this statement of changes to the Immigration Rules will:
- Add a new 12 month “Mathematics Teacher Exchange” scheme to the Tier 5 (Government Authorised Exchange) route between England and China;
- Remove all tests provided by Cambridge International Examinations (“CIE”) and certain tests provided by Cambridge English and Trinity College London from the list of approved English language tests by the Home Office;
- Align the Immigration Rules on family and private life in Appendix FM and paragraphs 276ADE-276DH with the public interest considerations in section 117B of the Nationality, Immigration and Asylum Act 2002; and
- Align the Immigration Rules in Part 13 which relate to foreign criminals with the power to certify human rights claims where there is no risk of serious irreversible harm from removal pending appeal contained in section 94B of the 2002 Act.
Successful Tier 1 Entrepreneur Visa Applications & Appeals
Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a Tier 1 Entrepreneur visa application step by step and limit the possibility of failure by complying with the strict letter of the law.
We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment.