Legal News

On 11 July 2014, the Home Office released a new Statement of Changes (HC 532) in the Immigration rules, bringing in a sudden and quite shocking change with regards to students and (post-study workers wishing to apply to switch into the Tier 1 (Entrepreneur) category.

With effect from 11 July 2014, the changes suspend the provision to switch into the category from study categories and the Tier 1 (Post-Study Work) category, except in certain circumstances.

The Home Office claims that these changes have been made in response to evidence of widespread abuse of these provisions. According to the Home Office, tax records shows that people on expiring student visas are transferring to entrepreneur status under the pretence of setting up a business when they are actually working in low skilled jobs.

The new changes will have an immense impact on genuine students and post-study workers who are or were in the process of making an application to switch into this category. As a result of the changes, students will only be able to switch using funds from a government-approved source, and post-study workers will need additional evidence of their business activities. The Home Office further states that those who have not yet started businesses and who do not have evidence of a genuine business will not be able to switch.

Transitional arrangements have been put in place so there may be saving grace. Should you be one of the unfortunate genuine students or post-study workers caught out by the Home Office’s latest changes please contact Vicash Ramkissoon or Kapil Pankhania, of Duncan Lewis’ Business Immigration team.

Duncan Lewis Immigration Solicitors

Duncan Lewis is a leading firm of specialist immigration solicitors and is also one of the leading firms of Legal Aid solicitors in the UK and can advise on all immigration and asylum matters.

For expert legal advice on student visas, right to work in the UK and immigration or asylum law, contact Duncan Lewis Immigration Solicitors on 020 7923 4020.