Tier 1 Points Based System Immigration Rules Update June 2018

The Home Office has released its new Statement of Changes which sets out the following amendments to Tier 1 Points Based System applications. The Tier 1 category is for high-value individuals to come to the UK if they can make an investment or are highly talented and can, therefore, help boost the UK economy. The changes to the Tier 1 categories will be implemented from 6 July 2018 and will apply to all decisions made on or after this date.

Tier 1 Points Based System Immigration Rules: Exceptional Talent Visa Update

The Tier 1 (Exceptional Talent/Exceptional Promise) category allows for talented or promising individuals to work in the UK without the need for sponsored employment in a specific post. These individuals need to be endorsed by one of 5 Designated Competent Bodies (“DCB”) in the following fields: Digital Technology, Science, Engineering, Humanities and the Arts.

The most significant change for the Tier 1 Exceptional Talent/Exceptional Promise applications is that the endorsement of arts Applicants will be widened to include Applicants in the fashion industry, who are operating leading designer fashion businesses. These applications will be assessed by the British Fashion Council operating within the endorsement responsibility of the Arts Council England. A further change is in regard to the evidential requirements for Applicants holding a peer-reviewed research fellowship the criteria and list of eligible awards for Applicants in film and television and changes for Digital Technology Applicants to reflect the re-branding of “Tech City UK” to “Tech Nation”.

From July 2018, Croatian nationals will no longer need to apply for work authorisation in this category due to the transitional controls for Croatian nationals coming to an end on the fifth anniversary of Croatia’s acceptance to the European Union in July 2013. Therefore an amendment has been made so that the endorsements made for Croatian nationals are no longer counted towards the number of allocated endorsements available to each DCB.

Tier 1 Points Based System Immigration Rules: Tier 1 Investor Visa Update

The Tier 1 (Investor) category allows high net worth individuals to make an investment of at least £2million in the UK. The first amendment to this category is that institutions are required to confirm that the funds have only been invested in qualifying investments and that no loan has been secured against those funds. There is a stronger obligation on Financial Firms further to their due diligence, to examine the Applicant’s investment suitability. The second change is in regard to Applicants maintaining their investments. Whilst Applicants are permitted to withdraw interest and dividend payments generated by their qualifying investments from their portfolios, clarity has been given to the fact that Applicants are not permitted to draw from their portfolios before it has been purchased.

Tier 1 Points Based System Immigration Rules: Entrepreneur Visa and General Update

The Tier 1 (Entrepreneur) route allows overseas Applicants to come to the UK in order to set up or take over an existing business in the UK. Tier 1 Entrepreneurs need to have £200,000 or £50,000 in funds to invest in the business. There are two minor changes to the Tier 1 (Entrepreneur) category in this new Statement of Changes. Firstly, it is to be made clear where letters from legal representatives confirming signatures are required and secondly, a provision has been restored for accountants to confirm the investment has been made on the Applicant’s behalf.

The Tier 1 (General) category was closed to new Applicants in April 2011, but remained open for settlement applications until 6 April 2018. Now that the category is fully closed, the remaining rules for this category are being deleted.

You can read the full June 2018 Statement of Changes here:

Using Legal Representation to submit Tier 1 Points Based System Applications

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Points Based System application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful Tier 1 Points Based System Applications

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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