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When can a Tier 1 (Exceptional Talent) visa be a good alternative to a Tier 1 (Entrepreneur) visa?
By Jasmine Theilgaard

If you would like to come to the UK to start a business, your first consideration is likely to be a Tier 1 (Entrepreneur) visa. However, there are some cases in which the Tier 1 (Exceptional Talent) visa can allow entry and future settlement in the UK for individuals...

 working in the digital technology sector without the need for prior investment, and with a lot more flexibility upon arrival. Tech Nation has been designated by the Home Office to endorse applications for the Tier 1 (Exceptional Talent) visa from...

Goodbye Entrepreneurs, Hello Innovators!
By Gillian McCall

The last week has been somewhat turbulent for the Tier 1 categories, with a shock announcement that the Tier 1 (Investor) category was being suspended with almost immediate effect, followed by a hasty subsequent announcement, which came via the Immigration Law...

 Practitioners’ Association (ILPA), to state that the suspension was not in fact going ahead now, but may or may not come into effect at some indeterminate future date. At the same time, we have a statement that there will be a substantial overhaul to...

Tier 1 Investor Visa Update - December 2018
By Paul Richmond

It’s been a rather tumultuous 10 days for the Tier 1 Investor visa category.  It all started with a quarterly statistical release showing that demand for Tier 1 Investor visas had increased again.  One week later, a statement from the Immigration Minister,...

 Caroline Nokes, led media outlets to announce that the Tier 1 Investor visa category was being suspended with less than 24 hours notice.  With immigration lawyers and visa applicants left waiting for an official statement from the Home Office, just 4...

Tier 1 Investor Visa Route Is Open - But What's Changing And Why?
By Paul Richmond

On Thursday, 6 December 2018, it was widely reported in the UK press that the Tier 1 Investor visa route would be temporarily suspended for new applicants at midnight on Friday, 7th December 2018 pending publication of new Immigration Rules in Spring 2019.   Following...

 the media announcement, there was no official statement or guidance from the Home Office regarding the suspension.  Then, on Monday, 10 December, the Immigration Law Practitioners’ Association (ILPA) announced that it had been informed by the...

Tier 1 (Entrepreneur): Specified evidence and missing documents
By Dr. Catherine Taroni

There is not much entrepreneur case-law. Safeer & Ors, R (On the Application Of) v Secretary of State for the Home Department [2018] EWCA Civ 2518 is an example of the Court of Appeal’s approach to the strict specified evidence requirements of the Immigration...

 Rules.  It will not be of great assistance to entrepreneurs with refusals due to documents overlooked by the decision-maker. The case was heard on 24 October 2018 and Lady Justice Nicola Davies delivered the lead judgment, promulgated 13 November 2018....

Tier 1 Investor Visa: The ‘Control of Funds’ Requirement
By Paul Richmond

It is a core principle of the Immigration Rules that in order to qualify for an initial grant of leave as a Tier 1 Investor, an applicant must have money of their own, under their control.  In this post we look at how an applicant for a Tier 1 Investor visa can...

 demonstrate the necessary level of control over their investment funds and the powers of the Home Office in this regard. How can I demonstrate control of my investment funds? The necessary level of control will exist where an applicant has had the money...

The Dangers of Specified Information and Documents for Tier 1 (Entrepreneurs): Awan v SSHD [2018] EWCA Civ 1988
By Zoe Bantleman

In the case of Awan v Secretary of State for the Home Department [2018] EWCA Civ 1988, Underhill LJ considered whether to permit Awan to appeal against the decision of the Upper Tribunal, which had upheld the refusal of his Tier 1 (Entrepreneur) application. Although...

 relating to a very specific factual matrix which will likely be inapplicable to most Tier 1 (Entrepreneur) applications, the judgment highlights the exacting nature of the Immigration Rules and the difficulties of challenging a refusal if specified...

British universities call for return of graduate work visa
By Richmond Chambers

There are over 450,000 international students studying in the UK. The UK is one of the most competitive countries in the world for higher education, after the much larger USA. However, while rival countries like the US, Australia, France and Germany have continued...

 to see growth in the number of international students flocking to their universities, interest in UK universities has flatlined. Between 2014 and 2015, student numbers in the UK rose by 9.4% but the UK rate was just 0.5%. Leading figures from British...

UK Investor Visa: Interest, Dividends, Fees, Transaction Costs and Tax
By Paul Richmond

It is well known that in order to qualify for an extension of stay and/or settlement, Tier 1 Investor visa holders must maintain a qualifying investment of at least £2 million, £5 million or £10 million for a specified continuous period of 2, 3 or 5 years.   During...

 this time, interest may be accrued, dividends may be declared, fees and transaction costs may be incurred and liability for tax may arise.  In this article we look at how both Income generated by a Tier 1 Investor’s qualifying investments and the...

Indefinite Leave to Remain as a Tier 1 Entrepreneur
By Dr. Catherine Taroni

Migrants can apply for Indefinite Leave to Remain as an Entrepreneur after 60 months in the Tier 1 Entrepreneur category (there are accelerated routes for those who meet further criteria, as set out below). In the standard five year route, it is necessary to...

 show that the Applicant’s  business was a genuine business and actively trading, that two full-time jobs lasting 12 months or more for members of the settled population had been created or maintained since the previous application was made; that the...

New Tier 1 Investor Visa Immigration Statistics Released
By Paul Richmond

Yesterday the Home Office and the Office for National Statistics (ONS) released the immigration statistics for the second quarter of 2018.  The statistics included data on the number of Tier 1 Investor visa applications approved in the period March to...

 June 2018. Tier 1 Investor Visa Statistics An analysis of the statistics by Shard Capital and Guardian Stockbrokers shows that 92 Tier 1 Investor visas were granted during the second quarter of this year.  This represented a slight decline from the 96 in the...

What is work? Complying with your visa conditions
By Gillian McCall

Under the Immigration Rules, many people have restrictions on their right to work in the UK. This article will look at some of the main definitions of work used in the Immigration rules in the main work and study based categories and discuss how this will...

 impact people in different situations. Types of leave and their restrictions: Tier 1 Tier 1 (Exceptional Talent): no employment as a Doctor or Dentist in Training, and no employment as a professional sportsperson (including as a sports coach). Tier 1...
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