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Tech Experts: How to Apply under Tier 1 Exceptional Talent
By Stefania Patuto

There are three main steps to follow when applying for a Tier 1 (Exceptional Talent) visa as a leader or potential leader in the digital technology sector: You must first apply to the Home Office for endorsement by Tech Nation. The Home Office will inform Tech...

 Nation when you have completed this step; You must complete the Tech Nation Visa application form and provide a number of documents as evidence of your eligibility. If your application meets the criteria, it will be endorsed by Tech Nation and recommended...

Sole Representative Visa: The Centre of Operations Test
By Paul Richmond

For a parent company to satisfy the requirements of the representative of an overseas business visa category it must be a genuine commercial enterprise with its principal place of business outside the UK.  Importantly, it must also intend to keeps its main centre...

 of operations abroad. In this post we look at the requirement for the business to remain centred abroad.  Where is the centre of operations test set out? What does the Home Office look for when assessing whether the test is met?  And what evidence does...

Immigration Routes For Artists & Entertainers: FAQ
By Paul Richmond

The UK is a world-leading hub for the creative industries and there are a range of UK visas available to artists and entertainers who wish to visit or work in the UK.  In this post, we answer some of the questions most frequently asked by creative and entertainment...

 sector professionals, employers and event organisers across the film, television, music, performing arts and fashion industries. Q. Which immigration routes are available to artists & entertainers? The main immigration routes available to artists...

Tier 1 Exceptional Talent Visa Open To Architects
By Gillian McCall

On 10 January 2019, the Immigration Rules were updated to allow Architects to apply for endorsement and a grant of leave in the Exceptional Talent category. This represents further expansion of the Exceptional Talent route, which is essentially the only category...

 of the Immigration Rules to have increased in capacity and become less restrictive in recent years. While Architects have had the option to come to the UK in the Tier 2 category for some time, this change in the Rules will allow Architects to take...

Are you Satisfying your Duties as a Tier 2 Sponsor?
By Wendy Barnes

Sponsors are required to ensure they are complying with immigration law and have the necessary systems in place to retain their Tier 2 Sponsor Licence. As Sponsors are benefiting from migration they are expected to ensure a balanced system. The main purposes...

 of sponsorship duties are to: Ensure compliance with the Immigration Rules Address weakness within processes Capture concerning behaviour from migrants at an early stage Prevent the abuse of the immigration system The Home Office may visit Sponsors to check...

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...

UK Government deports at least 300 highly skilled migrants
By Richmond Chambers

A news story in The Guardian newspaper on 23 November highlighted that the UK government has forced 300 or more high-skilled migrants in the UK to leave the country. The immigration law that was used in these UK immigration cases relates to people judged...

 to be a threat to the security of the nation or potential terrorists, and it’s understood the 300 cases highlighted may be just the tip of the iceberg. What is this law? The 322 (5) legislation used by the government in these cases has wrongfully forced at...

Review of Tier 1 (General) refusals under paragraph 322(5)
By Alexandra Pease

The government published the review of applications by Tier 1 (General) Migrants refused under paragraph 322(5) of the Immigration Rules on 22 November 2018.   Background Tier 1 (General) replaced the Highly Skilled Migrant Programme in 2008 and was...

 intended to allow people to work without requiring sponsorship.  The government closed the Tier 1 (General) route in 2011 as a result of concern about abuse of the system. The route closed completely in April 2018 for ILR applications.   A large number of these...

ECAA Ankara Agreement - Applying For Settlement
By Geraldine Peterson

Recent changes to policy and the Immigration Rules have brought uncertainty to the settlement regime for Turkish businesspersons (present under the ECAA with Turkey, the ‘Ankara Agreement’) where once the path was clear and – settled!  In this article...

 we look at some of the changes and challenges facing Turkish businesspersons looking to settle in the UK. ECAA Ankara Agreement – Applying For Settlement – Background Until early 2015, relying on paragraph 28 of HC 510, Turkish businesspersons...

Dishonesty and deception in immigration cases
By Richmond Chambers

Paragraph 322 (1A)  of the Immigration Rules provides a mandatory ground for refusal in the following circumstance: “where false representations have been made or false documents or information have been submitted (whether or not material to the...

 application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.” Paragraph 6...

Brexit: The Future for Turkish Businesspersons and Workers
By Geraldine Peterson

Turkish nationals seeking entry or leave to remain in the UK under the ECAA with Turkey are not immune from the uncertainty surrounding the status of EU nationals after Brexit.  They have already been pitched into uncertainty with regards to settlement, which will...

 be the subject of a further article. Brexit: The Future for Turkish Businesspersons and Workers At the time of writing there is scope for considering that the ECAA provisions will be preserved for a certain period under the transitional arrangements for...

Your Guide to Satisfying the Resident Labour Market Test
By Wendy Barnes

In order to successfully fill a position via a Tier 2 (General) Visa, the sponsor must satisfy the Resident Labour Market Test (RLMT) to establish that there are no settled workers suitable for the position. Settled workers by this definition includes: UK nationals EEA...

 nationals exercising EU Treaty Rights in the UK Citizens of British Overseas Territories (See Tier 2 and 5: guidance for sponsors for exclusions) Commonwealth citizens allowed to enter or remain in the UK under UK ancestry rules on the basis that...
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