UK Business Immigration Update Part 1: New Statement of Changes for Tier 1 Visa Applications

The Home Office published a new Statement of Changes HC309 to the UK Immigration Rules on 7 December 2017. This UK Business Immigration Update will largely affect Tier 1 (Exceptional Talent/Promise), as well as Tier 1 (Investor) and Tier 1 (Entrepreneur) applications. Whilst the Statement of Changes is supplemented by an explanatory memorandum, successful Tier 1 applications will still require thorough knowledge of the UK’s Immigration Rules.     

The Tier 1 Visa Category

Tier 1 Visa applications made under the Points-Based System is targeted at High Net Worth individuals and the world’s brightest and best talent. Currently there are 4 Tier 1 Visa categories which are the Tier 1 (Exceptional Talent/Promise) Visa, Tier 1 (Investor) Visa, Tier 1 (Entrepreneur)Visa and Tier 1 (Graduate Entrepreneur) Visa. The Tier 1 (General) Visa is no longer an available option for new Applicants and in April 2018 current Tier 1 (General) migrants will no longer be able to make a settlement application under this route.

UK Business Immigration Update: Tier 1 (Exceptional Talent/Promise) Visa Applications

The Tier 1 (Exceptional Talent/Promise) route under the Points-Based System allows talented individuals or emerging talents to work in the UK in their specialist field of the Arts, Digital Technology, Engineering, Humanities and Science, and must first become endorsed by the applicable Designated Competent Body (“DCB”).

The two most significant changes in regard to Tier 1 (exceptional Talent/Promise) applications are firstly that the Home Office is doubling the number of endorsements available per year from 1,000 places to 2,000. Secondly, individuals who are endorsed under the Tier 1 (Exceptional Talent) category will now be able to qualify for accelerated settlement or “Indefinite Leave to Remain” (“ILR”) after demonstrating 3 years continuous residence in the UK. There are similar accelerated settlement options under the Tier 1 (Investor) and Tier 1 (Entrepreneur) routes, subject to the Applicant meeting the necessary requirements.

UK Business Immigration Update: Tier 1 (Investor) Visa Applications

High Net Worth individuals who wish to make an investment of at least £2 million in the UK may apply for a Tier 1 (Investor) visa. Applicants who were granted their Tier 1 (Investor) visa before 6 November 2014 may rely on the un-mortgaged portion of their main home. A minor amendment to this provision clarifies that the property must be the main home of the Applicant and in circumstances where the property is co-owned in a tenancy in common then only the Applicant’s share can be considered.

UK Business Immigration Update: Tier 1 (Entrepreneur) Visa Applications

Similarly to the Tier 1 (Investor) visa, the Tier 1 (Entrepreneur) visa also caters for High Net Worth individuals, who are seeking to set up a business or take over an existing business in the UK. Whilst the requirements for the Tier 1 (Entrepreneur) visa have remained unchanged, the recent Statement of Changes brings about minor changes to the wording of the Attributes requirement under Appendix A of the Immigration Rules and to Part 6A of the Immigration Rules.

Using Legal Representation to submit Successful Tier 1 Visa Applications following the UK Business Immigration Update

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 Visa 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 Visa Applications following the UK Business Immigration Update

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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