United Kingdom & BREXIT
new Start-up and Innovator visa categories
The UK Government has proposed fundamental changes
to the Tier 1 visa category through a Statement of Changes released today.
Changes include: Introduction of new Start-up and Innovator visa categories to replace the Tier 1 (Graduate Entrepreneur) and Tier 1 (Entrepreneur) routes, with applicants in these categories assessed by trusted endorsement bodies vetted by the UK government;
When deciding on Innovator visa vs Tier 1 Investor Visa certain requirements have to be met in order to start the application process. Both categories have a very detailed set of rules which will need to be fully explored before an application is made.
TB test if applying from outside the EU.
Criminal record certificates.
£50,000 funds available in a bank account
Must be endorsed by trusted UK organisations such as business accelerators, seed competitions and government agencies, as well as higher education providers.
Must have regular contact with those endorsing bodies.
Viable business plan.
Proof of experience and qualification of the main applicant crucial to running a business.
Proof of funds to support yourself and your family.
Obligated to employ a minimum of 2 people.
TB test if applying from outside the EU.
It is compulsory to have an upper intermediate (B2) level of English (equivalent to IELTS for UKVI 6.0)
Criminal record certificates.
Estimated application time frame 1-2month.
Tier 1 (Investor)
£2 M funds available in a bank account.
Demonstrate that £2 million investment funds have been held for at least 2 years; or, provide evidence of the source of those funds.
Open a UK investment account for visa investments.
No English proficiency required.
The bank must carry out all required due diligence checks and Know Your Customer enquiries, and confirm that these have been done.
No requirement to maintain certain level of funds for personal maintenance.
UK Tier 1 Entrepreneur Just Got Harder
In a Statement of Changes, the UK government has proposed the introduction of new Start-up and Innovator visa categories to replace the Tier 1 (Graduate Entrepreneur) and Tier 1 (Entrepreneur) routes, together with restricted rules for the Tier 1 (Investor) route.
A closer look – the Start-up visa
Tier 1 (Graduate Entrepreneur) route to be closed. The Start-up visa would replace the graduate entrepreneur route which would be closed to new applicants from July 5, 2019.
Expanded eligibility. The category would be open to applicants starting a new business for the first time in the United Kingdom, not just recent graduates.
Removal of funding requirement. Applicants would not need to have secured any initial funding for their proposed business.
New endorsing bodies. Applicants would need to be endorsed by an independent endorsing body which has been vetted and approved by the UK government.
Longer visa validity. The visa would be granted for two years initially (doubled from one year under the Graduate Entrepreneur category) and applicants would be able to switch into the Innovator category to continue progressing their business.
Effect on existing Tier 1 (Graduate Entrepreneurs). Transitional provisions would allow Tier 1 (Graduate Entrepreneurs) to switch into the Start-up route or alternatively continue to switch into the Tier 1 (Entrepreneur) category until July 5, 2021.
A closer look – the Innovator visa
Tier 1 (Entrepreneur) route to be closed. The Innovator visa would replace the Tier 1 (Entrepreneur) route which would be closed to new applicants from March 29, 2019.
New expert endorsement requirement. Applicants would need to be endorsed by a designated endorsing body approved by the UK government, who would assess whether the applicant’s proposed business is innovative, viable and scalable. The Home Office has not confirmed which bodies would be authorised to issue endorsements yet, but has set out criteria with which the endorsing bodies must comply.
Eligibility for Indefinite Leave to Remain (settlement). Innovators who satisfy at least two of the Home Office’s new criteria may qualify for settlement after three years, down from five under the existing route. The criteria include:
Investing at least GBP 50,000 into a business;
Doubling the business’s customers;
Applying for intellectual property protection after research and development activity;
Generating annual gross revenue of GBP 1 million;
Creating 10 full-time jobs for resident workers.
Effect on existing Tier 1 (Entrepreneurs). Existing Entrepreneurs can continue to extend their visa under the current rules until April 5, 2023, but would be required to provide more detailed information on their role in the business and the jobs they have created. Settlement applications for existing Entrepreneurs will remain open until April 5, 2025.
A closer look – the Investor visa
Increased scrutiny over funding. New Investor visa applicants would need to prove they have had control of the required GBP 2,000,000 investment funds for the last two years, up from 90 days under the existing rules. If the funds have been held for a shorter period, applicants would need demonstrate the source of the investment funds. An expanded test will allow the Home Office to refuse applications where there are grounds to believe the investment funds have been transferred internationally by unlawful means. Further, rules are being restricted to make it explicit that banks must carry out all due diligence checks before opening accounts for potential applicants.
Investment in government bonds no longer accepted. Under the proposed changes, investment in government bonds would be precluded, to incentivise investment in active and trading UK companies.
Effective date. The proposed changes will apply to all new applications made on or after March 29, 2019. Transitional provisions are in place to protect existing Tier 1 Investors, who can apply to extend their visa under the existing rules (subject to some minor alterations) until April 5, 2023 and apply for settlement until April 5, 2023.
The above proposals do not affect the Tier 1 (Exceptional Talent) category.
The changes should broaden the scope for overseas entrepreneurs to start a business in the United Kingdom with reduced or no prior funding. The changes would also place the role of assessing the viability of proposed businesses on new endorsing bodies, rather than Home Office officials.
By contrast, the proposed changes require prospective Tier 1 Investors to demonstrate the source of their funds over a much longer period. The changes should also encourage direct investment in UK companies rather than via government bonds.
The proposed changes follow a review by the independent Migration Advisory committee, which recommended that an endorsement approach should be introduced in the Tier 1 (Entrepreneur) category. The committee further recommended substantial reform to the Entrepreneur category on the grounds that it had produced low quality businesses which added little or no benefit to the UK economy.
The changes are designed to encourage the development of and investment in viable, innovative and scalable businesses in the United Kingdom.
The proposed changes to the investor visa were announced in December but were not implemented pending research on the best way to achieve the desired policy goals.
The government proposals are scheduled to take effect on March 29, 2019 (July 5, 2019 for the closure of the Graduate Entrepreneur scheme), but still require parliamentary approval.
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Rahul has won several industry awards and is renowned as ‘heavy-weight’ leading immigration expert. Rahul is listed in the Leader List 2015 by Citywealth Magazine as top UK Lawyer and as a Top Rated UK Solicitor by Vouched For.
Our lawyers advise both corporate and private clients on all aspects of UK and Global immigration, including major international organisations, SMEs and mid-sized companies in sectors including but not limited to Finance, Consulting, Manufacturing, IT, Travel, Hospitality, Oil & Gas, Retail, Pharmaceutical, Education, Entertainment, Fashion and Sports.
Our services do not stop at merely processing immigration applications, rather our immigration lawyers are always involved in strategic lobbying with various Government organisations including the Home Office (UKVI) to obtain the best results for our clients.
Our bespoke services are designed to assist our corporate clients with swift movement of their staff in a timely manner. Our services cater to all aspects of business immigration, including:
Issues surrounding illegal working and compliance
Advising on visas under all categories of PBS including Tier 2 (General) & Tier 2 (Intra Company Transfer) categories
Work Permits and visas for 150 countries *
Advising on Short-term Assignment Planning, Business Visit Visas, temporary work and residence permits, Entry Clearance/Visas and Passports
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Training and Support for in-house immigration teams
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Temporary Workers under Tier 5 of the Points Based System
Visas under the Van der Elst category
Representatives of Overseas Business
Our personal immigration assistance extends to the following services:
- Innovator - Startup Visa
Tier 1 (Investor) visa
Tier 1 (Graduate Entrepreneur) visa
Tier 1 (Entrepreneur) visa
Tier 1 (Exceptional talent) visa
Tier 4 (General) visa
Tier 5 visas including Government Authorised Exchange and Youth Mobility scheme
Indefinite Leave to Remain or Permanent Residence
Appeals & Judicial Reviews
Complex immigration issues
Surrogacy matters often coupled with international laws/issues
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Being a full-service law firm, we are in a position to take a pragmatic and ‘business oriented’ approach on any immigration matter; our clients gain from the expertise of the firm’s lawyers in areas such as Employment, Corporate/Commercial, Litigation, Intellectual Property and relocating to the UK.
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