The Security and Immigration Minister, James Brokenshire MP, announced changes to the Immigration Rules today in a written statement to Parliament. The amendments to the Rules will mainly impact Tier 4 students and Tier 1 Post Study Work migrants wishing to switch into Tier 1 Entrepreneur status. A number of other comparatively minor changes were also announced.
RLegal is a firm of UK immigration solicitors that can advise on the forthcoming changes detailed below:
Tier 1 Entrepreneur
The Government will restrict those on Tier 4 Student and Tier 1 Post Study Work (Tier 1 PSW) permission in the UK from being able to switch into the Tier 1 Entrepreneur route. The Minister has cited abuse by those previously been granted permission to stay under this route in order to simply stay in the UK by, for example, not engaging in business activity or taking employment in low-skilled jobs in breach of the Tier 1 Entrepreneur’s working conditions.
Those already granted Tier 1 Entrepreneur status through these routes will be allowed to continue under the same permission, but can expect a higher degree of scrutiny when they submit an application for an extension of stay.
The new restriction will not be applied to those who wish to apply with seed funding or funding provided by a Government department.
Tier 4 Students and Tier 1 PSW who are unable to switch when the new restrictions come into force will be able to submit an application under the Tier 1 Graduate Entrepreneur or the full Tier 1 Entrepreneur route from overseas.
English language tests
The new rules will remove the following English tests from the approved list:
Apparently, the providers of the latter tests have requested that the Home Office remove certain tests from the approved list.
A new 12-month ‘mathematics teacher exchange’ scheme will be added to the Tier 5 route.
Family and Private Life
In short, the Home Office will amend the immigration rules on Family and Private Life to align with the legislative changes introduced by section 19 of the Immigration Act 2014, which will provide Parliament’s view of what the ‘public interest’ is, when considering Article 8 of the European Convention on Human Rights.
An amendment will be introduced which will enable the Home Office to remove an individual by certification where he/she is liable to deportation even if the appeals process has not started or has not been completed.
All of the above changes are subject to Parliamentary approval.
Applicants who may be affected by the proposed changes above should seek advice from a UK immigration solicitor.
For advice or assistance please contact us by completing our online contact form, via email email@example.com or by telephone on 020 7038 3980