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 UK business. From 11 January 2018, new Immigration Rules are brought into place with a large number of changes to the wording of Tier 1 Entrepreneur rules. The requirements themselves are unchanged, other than the following:
- The job creation rules currently require jobs to have existed for at least 12 months during the applicant’s most recent period of leave. A change is being made to enable applicants to apply even if their current leave was granted less than 12 months ago; in such cases, the jobs must have existed for at least 12 months before the date of the current application.
- A transitional arrangement relating to the job creation requirement for applicants who entered the category before 6 April 2014, currently set out in published guidance, is being incorporated into the Immigration Rules. This transitional arrangement will only apply to extension and settlement applications made before 6 April 2019.
- Applicants will be asked to confirm the paid hours of the employees in jobs they created as well as the hourly rate, to reduce the possibility of calculation errors.
- An amendment is being made to the requirement relating to Real-Time Full Payment Submissions, to reflect the fact that these documents do not state the employment start date.
- An amendment is being made to the requirements relating to job creation so that the required evidence relates to the period before the applicant joined the business, rather than the period before jobs were created.
- Clarifications are being made to make clear that, where funds are currently held by another business, which is not the business the applicant is using to score points, that business is considered to be a third party providing funding.
- Applicants relying on investment from a venture capital firm will now be required to also provide a letter from the firm confirming the date(s) the funds were transferred to the applicant or invested in their business and that the firm was registered with the Financial Conduct Authority at the time.
- To prevent recycling of funds between applicants, a change is being made so that applicants cannot rely on funds or investment that have been provided by another Tier 1 Entrepreneur Migrant, or that migrant’s business or close family member. Who is considered to be a close family member will depend on the facts in an individual application.
- On 19 November 2015, Statement of Changes HC 535 introduced a requirement that investments made in the form of directors’ loans must be evidenced through readily identifiable transactions in applicants’ business bank statements. A change is being made so that this requirement only applies to investments made after 19 November 2015.
- A provision is being removed because it contradicts the rule requiring applicants to be registered with Companies House within 6 months of the date the applicant entered the category. The removed provision requires that such registration has to be effected within 8 months of the same date.
- A clarification is being made to the rule which excludes buying the business from its previous owner from being considered as a qualifying investment, to clarify that this means buying any business from its previous owner.
- Minor amendments are being made to the requirements concerning format and contents of letters (used as evidence) for consistency.
- Clarifications are being made to the evidential requirements for Tier 1 General migrants switching into the Tier 1 Entrepreneur category to make clear the relevant dates for evidence.
About the Author
