A new Statement of Changes in Immigration Rules (HC 1078) was laid before Parliament on 16 March 2017 covering a range of issues. Here we highlight some of the key changes that are most relevant in relation to the Tier 1 (Entrepreneur) category.
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:
- an amendment to provide a clearer definition of “invested” funds;
- removing references to HM Revenue & Customs documentation which has been discontinued in light of self-assessment of self-employed earnings;
- clarifying the evidential requirements for applicants who have invested in a Limited Liability Partnership;
- 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);
- 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.
We remind those who will need to extend their stay in the UK under this category that the Home Office’s rules on the requirements that must be met and evidence that must be provided are extremely complicated. The refusal rate is extremely high. It is essential that the Tier 1 Entrepreneur Guidance, which is updated regularly, is carefully analysed alongside the Immigration Rules at an early stage to ensure that all the mandatory requirements will be met.
If you require legal advice and assistance on this area law, please contact us.
