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More changes to Tier 1 of the Points-Based System

More changes to Tier 1 of the Points-Based System

Statement of changes to the Immigration Rules: HC1078, announced on Friday 17th March 2017, introduces various amendments to Tier 1 of the Points-Based System. Tier 1 of the Points-Based System caters for high value migrants, and currently consists of four active categories: Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Graduate Entrepreneur). It also includes the Tier 1 (General) category, which was closed to new applicants in April 2011 but remains open for settlement applications.

Tier 1 (Entrepreneur)

The Tier 1 (Entrepreneur) category caters for applicants coming to the UK to set up, take over, or be involved in the running of a business in the UK. The following technical changes are being made to this category to clarify various evidential requirements and to correct minor drafting errors:

  1. An amendment to provide a clearer definition of “invested” funds;
  2. Removing references to HM Revenue & Customs documentation which has been discontinued in light of self-assessment of self-employed earnings;
  3. Clarifying the evidential requirements for applicants who have invested in a Limited Liability Partnership;
  4. Revising the specified evidence required to demonstrate that an entrepreneur’s employee has settled status in the UK (to satisfy the requirement for the applicant to create jobs for settled workers);
  5. Clarifying the specified evidence on job creation, so that an applicant can provide confirmation from an accountant that their business did not employ any workers prior to their involvement.

Tier 1 (Graduate Entrepreneur)

The Tier 1 (Graduate Entrepreneur) category caters for applicants identified by a Higher Education Institutions or the Department for International Trade as having as having developed genuine and credible business ideas and entrepreneurial skills to establish one or more businesses in the UK.

The Immigration Rules are being amended, so in the event of there being remaining places in the Tier 1 (Graduate Entrepreneur) limit after the initial round of allocations, the Secretary of State may allocate additional places to endorsing bodies by ad hoc request throughout the remainder of the year, rather than at a fixed point in the autumn (30 September).

Tier 1 (Exceptional Talent)

The Tier 1 (Exceptional Talent) category is for talented individuals in the fields of science, humanities, engineering, the arts and digital technology to work in the UK without the need to be sponsored for employment in a specific post. Applicants must be endorsed by a Designated Competent Body (DCB).

Minor changes relating to endorsements by two DCBs, Arts Council England and Tech City UK, are being made at those bodies’ requests.

Tier 1 (General)

The Tier 1 (General) category was closed to new applicants in April 2011 and for extension applications in April 2015, but remains open for indefinite leave to remain applications.

A minor change is being made to the time allowed for applicants to respond to requests for further information (from 28 working days to 28 calendar days), to correct a drafting error and for consistency with other categories.

Contact Our Immigration Barristers

For expert advice in relation to any Tier 1 visa, contact our immigration barristers in London on 0203 617 9173 or via our online enquiry form.

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