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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 worker available to take up the position, then the employer will be permitted to bring in a non-EEA...

What can business people do when visiting the UK?
By Gillian McCall

Often, individuals need to make a visit to the UK at the request of their employer or to conduct some of their own business in the UK. However, the Immigration Rules and Guidance can be a little overwhelming or confusing for people who are trying to understand...

 if it is possible for them to enter as a visitor and undertake the activities that they intend, or whether it is necessary to obtain a different type of visa to ensure that they do not breach any conditions of their stay. The Immigration Rules for...

Can a Tier 1 (Investor) visa applicant rely on funds held in a business?
By Paul Richmond

The Tier 1 (Investor) category is for high net worth individuals making a substantial financial investment in the UK. Under the Tier 1 (Investor) requirements, in order to qualify for an initial grant of leave in this category applicants must, amongst other requirements,...

 have money of their own, under their own control, held in a regulated financial institution, and which is disposable in the UK, amounting to not less than £2 million. A question that we are often asked by our Tier 1 (Investor) clients is whether...

Changes to Tier 2 Immigration Rules Published
By Lydia Watton

In the Statement of Changes to the Immigration Rules published on 3 November 2016 the Government announced some expected, and some unexpected, changes to Tier 2 applications. The main changes are set out below. The changes generally apply to applications made on...

 or after 24 November 2016, but in some cases they apply to applications made using a Certificate of Sponsorship assigned on or after 24 November 2016. In all cases where a minimum salary requirement is amended, the applicant still needs to have been paid...

The truth behind the £35,000 minimum salary requirement
By Lydia Watton

It has been reported recently that all non-EEA migrants applying for settlement (indefinite leave to remain) need to earn a minimum salary of £35,000. But it's also been reported that some people, e.g. nurses, don't have to meet the requirement. What's the truth?What...

 is the minimum salary requirement? £35,000 if the date of application is on or after 6 April 2016; £35,500 if the date of application is on or after 6 April 2018; £35,800 if the date of application is on or after 6 April 2019; or £36,200 if the...

Government set to introduce a £1,000 Non-EU Worker Levy
By Richmond Chambers

The government are set to introduce a new non-EU worker levy to try and reduce the number of skilled immigrants coming into the country.Skilled Migration Barristers: Contact Our Team Today

 The government are set to introduce a new non-EU worker levy to try and reduce the number of skilled immigrants coming into the country.Skilled Migration Barristers: Contact Our Team Today

The UK bank account ‘rule’ for Tier 1 Investors – what does it really mean?
By Paul Richmond

Tier 1 Investor visa applicants are now required to have opened an account with a UK regulated bank before submitting their investor visa application. The Immigration Rules require that the account must have been opened with a bank and for the purpose of investing...

 not less than £2 million in the UK. The rules also require that the bank must be regulated by the FCA for the purpose of accepting deposits. However, a policy document published by the Home Office suggests that these ‘rules’ should not in fact be...

Brewster’s £200,000: Spending your Tier 1 (Entrepreneur) Investment Funds
By Gillian McCall

The Tier 1 (Entrepreneur) rules are very clear in stating that migrants in this category must invest all of their investment funds, whether this is £50,000 or £200,000, into the business before making an extension application at year three. While you can make...

 an initial application on the basis of money which has already been invested in the business and is sitting in the business bank account, this will not be sufficient at the extension application stage. By year three, all the money must have been spent for...

Tier 2 (General) Applications for Shortage Occupations
By Lydia Watton

If an employer wants to employ a non EEA-national who does not already have the right to work for them, they must have a Tier 2 Sponsor Licence and assign a Certificate of Sponsorship (CoS) to the prospective employee. The employee will then use this CoS to apply...

 for a Tier 2 (General) visa. No need to advertise. In most Tier 2 (General) applications the UK employer must have advertised the role for 28 days to prove that there is no suitable candidate in the resident labour market. However, if the job appears on...

The Tier 2 (General) CoS Limit
By Richmond Chambers

The Tier 2 (General) visa category is for skilled migrants coming to the UK with a job offer. To prove that they have a job offer, migrants submit a document called a Certificate of Sponsorship (CoS) on which their employer certifies their proposed employment...

 conditions. There is an annual limit of 20,700 CoS in the Tier 2 (General) category, broken down into monthly limits. In February 2015 a very high number of CoS were applied for and the limit was exceeded. This means that there are fewer CoS available in...

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