Changes in the Statement of Changes in Immigration Rules
The government published the Statement of Changes in Immigration Rules on 07th March 2019 which outlines key changes to the Tier 1 (Entrepreneur)/ Tier 1 (Graduate Entrepreneur) along with the reforms for the Tier 1 (Investor) visa category and the launching of the EU Settlement Scheme.
Start-up and Innovator category
From 29th March 2019, the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) will be replaced by the new Start-up and Innovator category. New applicants will not be able to apply under the previous Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) after this period.
- Start-up
This new category is an expanded version of the Tier 1 (Graduate Entrepreneur) and is for those who wish to establish a business for the first time in the UK. The business idea must be innovative, viable and scalable. The applicant will not need to be a graduate or have secured funds. If successful, initial entry clearance visa will be granted for 2 years 4 months. They can then switch into the Innovator category.
- Innovator
This new category is for experienced business people. Applicants will need to have:
- £50,000 investment funds from any legitimate source
- Endorsement from the relevant endorsing body
- English Language requirement of at least B2 level
- Maintenance requirement of at least £945 (which will increase depending on any dependents)
But this funding requirement will be waivered for those switching from the Start-up category if they can prove that they have made significant achievements reflecting their business plans. The business idea must be innovative, viable and scalable which must be endorsed by the relevant authority. The Innovator route will lead to settlement after 3 years of continuous residence in the UK.
Additionally, kindly note that the English language threshold has been set higher from Level B1 to B2 to ensure that the applicants have good command of English they will require to communicate with their customers and business partners.
Importantly the Start-up and Innovator category are not part of the Points-Based System (PBS) therefore do not have points-scoring tables. But they will be set out in the new Appendix W in the Immigration Rules which is designed to be easier to read than PBS.
Migrants who are already in the UK under the Tier 1 (Entrepreneur) visa will be able to apply for extension application until 05th April 2023 and then apply for settlement until 05th April 2025.
Migrants under the Tier 1 (Graduate Entrepreneur) will be able to switch to Tier 1 (Entrepreneur) until 05th July 2021. Subsequently, these applicants will be able to apply for extension until 05th July 2025 and then, apply for settlement until 05th July 2027.
Tier 1 (Investor)
This category is for high-net-worth individuals who wish to make an investment of at least £2 million in the UK. The Immigration Rules have been tightened to ensure that this route is not exploited and that the investments make positive impact on the UK economy.
- Applicants must evidence source of all funds for the last 2 years and that the funds have been held for the last 2 years
- Applicants will be required to open a UK bank account
- Applicants will not be allowed to invest in UK government bonds unless their previous visa was granted before 29th March 2019
- Stricter rules have been imposed for use of intermediary vehicles in investing their funds
- The Home Office will impose stricter tests when granting leave and they will not allow grant of leave if they have reasonable grounds to believe that the applicant is not in control of the investment funds, the funds were obtained unlawfully, the provider of fund’s conduct/character or association of a party indicates that the application is not conducive to the public good.
EU Settlement Scheme
The EU Settlement Scheme will also be available for others lawfully resident in the UK with a derivative right to reside or as a ‘Zambrano’ carer.
Derivative right to reside will include people who are ‘Chen carers’, who are the primary carer of a self-sufficient EEA citizen child and ‘Ibrahim and Teixeira’ carer, who are primary carer of a child of a former EEA citizen worker who is in education in the UK.
Zambrano carer are the primary carer of a British citizen child or dependent adult.
Moreover, applications can be made from outside the UK as long as your entitlement can be evidenced.
To read more about the EU Settlement Scheme and what the step by step process will look like, please refer to our previous article via this link: https://bararassociates.com/eu-settlement-scheme-step-by-step/
To read more about the changes in the Immigration Rules (07th March 2019), please refer to our previous article via this link: https://bararassociates.com/home-offices-changes-to-the-immigration-rules-07th-march-2019/
If you would like to discuss your UK immigration matter, please do not hesitate to contact our team of experts at Barar & Associates at 0207 487 8370 or email us at barar.london@bararassociates.co.uk
