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Timing a Tier 1 Exceptional Talent Application to the Arts Council
By Gillian McCall - Barrister Partner

Places available for Tier 1 (Exceptional Talent) or (Exceptional Promise) applications were increased in early 2018 and the route has been made even more attractive for those able to meet the criteria for...

 talent (as opposed to promise) as the period of time for which you are required to spend in the category before applying to settle permanently in the UK has been reduced from five years to three years. You can find...

Limit hit by Tier 2 CoS for 4th month in a row
By Richmond Chambers -

UK Tier 2 Visa Restricted Certificates of Sponsorship (CoS) are important to businesses who wish to employ the services of non-EU/EEA nationals in the country. But judging by findings from the March Tier 2 visa...

 allocation meeting, they are becoming increasingly difficult to come by. From December 2017 to March 2018, the allocation of UK Tier 2 Visa Restricted CoSs hit its limit in each month – representing a...

Amendments to Immigration Rules: Tier 1 (Exceptional Talent)
By Dr. Catherine Taroni - Immigration Barrister

The most recent Statement of Changes to the Immigration Rules (HC309) has brought changes to the Tier 1 categories. In relation to the Tier 1 (Exceptional Talent) category, the category for talented individuals...

 in the fields of science, humanities, engineering, the arts and digital technology to work in the UK without the need to be sponsored for employment in a specific post, there have been some important...

New Tier 2 (General) Rules to ease the burden for Students and Researchers
By Richmond Chambers -

A Statement of Changes to the Immigration Rules (HC309) was announced in early December 2017. There will be several significant changes to the Tier 2 (General) category, to be effective from 11 January 2018. A...

 more lenient approach towards Tier 4 (General) Students switching to Tier 2 (General) Paragraph 6A.22 of the Statement of Changes substitutes paragraph 245HD(d)(i) with: “(i) The applicant must have...

What is the Tier 2 ‘Resident Labour Market Test’?
By Richmond Chambers -

Employers are generally required to carry out a Resident Labour Market Test before sponsoring a non-EEA worker. The Resident Labour Market Test is designed to protect the settled workforce. This essentially means...

 that before offering a job to a non-EEA foreign worker, the employer must advertise the role in the UK and assess any candidate who applies for it. If there is no suitably-qualified or skilled settled...

The ‘Genuine Entrepreneur’ test and Business Plans
By Dr. Catherine Taroni - Immigration Barrister

The ‘Genuine Entrepreneur’ test was introduced in 2013, and is a discretionary element of the otherwise fairly objective Tier 1 (Entrepreneur) application. The Tier 1 (Entrepreneur) modernised...

 guidance (v19) sets out in relation to initial applications that: Where the applicant is being assessed under table 4 of appendix A, you must be satisfied that: the applicant genuinely intends, and is able, to...

Hiring a Tier 2 Migrant - 5 things you need to know
By Richmond Chambers -

If you are an employer seeking to recruit a non-EEA national worker, hiring a Tier 2 migrant may seem like a complex process. We have outlined below 5 things which could be helpful to know as you embark on the process...

 of hiring a Tier 2 migrant: 1. Urgent Applications A restricted Certificate of Sponsorship (CoS) can be issued sooner than the normal allocation date where exceptional circumstances are met. Using your...

An Alternative Immigration Route for Exceptionally Talented Investors
By Gillian McCall - Barrister Partner

Generally, an individual who is planning to come to the UK for the purpose of investing in businesses will be considering the Tier 1 (Entrepreneur) or Tier 1 (Investor) categories. The Entrepreneur route is...

 designed for individuals who want to take an active role in running a business in the UK and have at least £200,000 to invest in their endeavour. The Investor route has a higher investment threshold of £2...

Being Turkish has its benefits - ECAA Turkish Worker Visa
By Richmond Chambers -

There are two avenues open to Turkish citizens wishing to settle in the United Kingdom: ECAA 1, which is the self-employed Turkish Businessperson visa and the lesser known route, ECAA 2, the Turkish Worker Visa. In...

 essence, the self-employed Turkish visa enables Turkish citizens to establish a new business or join an existing business which will lead to settlement after completing four years in the UK. However,...

Upcoming Changes To Tier 2 Immigration Rules
By Richmond Chambers -

On 16 March 2017, the Government presented a new Statement of Changes to the Immigration Rules (HC 1078). Guided by the Migration Advisory Committee’s recommendations, these changes are likely to affect business...

 immigration, in particular those migrating to the UK under the Tier 2 points based system. Changes to Tier 2 (General) Immigration Tier 2 (General) migrant workers are those with an offer of a skilled job...

Making an Application for Exceptional Talent/Promise to the Arts Council
By Gillian McCall - Barrister Partner

The Exceptional Talent and Exceptional Promise categories are some of the most flexible immigration categories that a person can enter to work in the UK. Home Office guidance states that ‘We recognise...

 that such talented individuals should have few restrictions on their economic activity once here. If you qualify, the route allows you to work and change employers, or to be self-employed, without the need for...

Tier 2 Immigration Skills Charge to be introduced in April 2017
By Richmond Chambers -

From April onwards, employers will be charged up to £1000 per annum for each non-EEA worker that they sponsor. Background The new Immigration Act introduces a charge for companies wishing to recruit outside the...

 EEA. It has stated that this has two main objectives, namely to: Encourage businesses to source the skilled workers that they need from the UK labour market; Reduce the burden on the taxpayer from the cost...
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