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Updates to the Immigration Rules: Tier 1 (Entrepreneur) route also stopped in Points Based System Changes (11 December 2018)

Date: 11/12/2018
Duncan Lewis, Business Immigration Solicitors, Updates to the Immigration Rules: Tier 1 (Entrepreneur) route also stopped in Points Based System Changes

A full statement of changes to the Immigration rules was expected on the 6th December 2018; however a brief statement introducing the anticipated changes is all that has been released so far.

Significantly, it includes an announcement that the Tier 1 (Entrepreneur) visa has also been stopped in favour of an “Innovator” visa designed to bring more experienced business people into the UK. This route will require endorsement from a business sponsor, to ensure applicant’s business plans are assessed based on ‘their innovation, viability and scalability.’

In her statement, the Immigration Minister, Caroline Nokes has given an indication of what the proposed changes will include, which can be summarised as follows:

  • Replacing the Tier 1 (Entrepreneur) route with an “Innovator” visa

  • Changes to the Tier 1 (Investor) route, which is currently suspended (details illustrated in a previous article published here)

  • Some small changes of a technical nature to Tier 1 and Tier 2 (as a result we will need to look at the small print very carefully)

  • Tier 1 (Exceptional Talent) visas will now be open to architects

  • Ending the practice of Tier 5 visas enabling religious workers to take up roles as Ministers of Religion and additional changes to Tier 5 (Temporary/Religious route), which includes introducing a cooling-off period so a second Religious Worker or Charity Worker visa cannot be obtained until a year has lapsed since the expiry of their first one.

  • Introduction of the ‘Start up visa’ and pilot scheme for seasonal agriculture workers where announcements will be made In June and September.

Whilst we are yet to see the full statement containing exactly how these changes will be implemented, we can make some assumptions as to how this will affect those wishing to enter the UK on any of the aforementioned visas. Most importantly, it will mean instructing an experienced solicitor with extensive knowledge of UK immigration policies and practices to ensure you are in the best possible position to be successful in your application. Not only will it be essential to understanding the way existing routes have changed, but a specialist practitioner will be able to inform you of new visas and what opportunities they afford you. It may be that the visa you had first thought was the right route for you may actually be less suitable than another visa, following these changes.

At Duncan Lewis we specialise in all areas of Business Immigration and are always happy to talk to those interested in establishing themselves in the UK. If you wish to learn more about this ever changing area of law, please contact Ayan Yalchin Director of Business Immigration on 020 7275 2011 or at ayany@duncanlewis.com, or any member of the Duncan Lewis Business Immigration team.

Duncan Lewis Business Immigration Solicitors

Our Immigration department is ranked as a top-tier practice in Immigration: human rights, appeals and overstay matters in The Legal 500 2019.

Our Business Immigration team continue to be ranked by Legal 500 with the 2019 edition praising their practice, representing ‘SME clients on a range of matters such as the PBS, sponsorship licence applications, and compliance [and acting] for high-net-worth individuals from Asia, Russia and the Middle East on Tier 1 and investor visas.’

As leading immigration specialists we advise on business immigration, right to work in the UK, Tier 2 visa applications, student/graduate visas, spousal visas and visa overstays. We are also able to advise businesses and individuals on any changes to UK immigration law during Brexit negotiations and after 29 March 2019, post-Brexit.

For expert legal advice call Duncan Lewis immigration solicitors on 033 3772 0409.

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