Changes to the Immigration Rules (effective 11 January 2018)

[dev1313]

Hi


There is some changes in the Immigration rules on 07/12/2017. Is these changes put any Impact on extension applications that still under consideration.


Changes in Immigration Rules

Tier 1 (Entrepreneur)

7.16. The Tier 1 (Entrepreneur) category caters for applicants coming to the UK to set up, take over, or be involved in the running of a UK business. In response to feedback, the “Attributes” requirements for this category in Appendix A are being re-written to make them clearer and easier to follow. There are also consequential minor changes to Part 6A.

The requirements themselves are unchanged, other than the following:

 The job creation rules currently require jobs to have existed for at least 12 months during the applicant’s most recent period of leave. A change is being made to enable applicants to apply even if their current leave was granted less than 12 months ago; in such cases the jobs must have existed for at least 12 months before the date of the current application.

 A transitional arrangement relating to the job creation requirement for applicants who entered the category before 6 April 2014, currently set out in published guidance, is being incorporated into the Immigration Rules. This transitional arrangement will only apply to extension and settlement applications made before 6 April 2019.

 Applicants will be asked to confirm the paid hours of the employees in jobs they created as well as the hourly rate, to reduce the possibility of calculation errors.

 An amendment is being made to the requirement relating to Real Time Full Payment Submissions, to reflect the fact that these documents do not state the employment start date.

 An amendment is being made to the requirements relating to job creation, so that the required evidence relates to the period before the applicant joined the business, rather than the period before jobs were created. This provides a clearer demonstration of the applicant’s impact on the business.

 Clarifications are being made to make clear that, where funds are currently held by another business, which is not the business the applicant is using to score points, that business is considered to be a third party providing funding.

 Applicants relying on investment from a venture capital firm will now be required to also provide a letter from the firm confirming the date(s) the funds were transferred to the applicant or invested in their business and that the firm was registered with the Financial Conduct Authority at the time. This requirement is added to counter ongoing abuse relating to venture capital funding.

 To prevent recycling of funds between applicants, a change is being made so that applicants cannot rely on funds or investment that have been provided by another Tier 1 (Entrepreneur) Migrant, or that migrant’s business or close family member. Who is considered to be a close family member will depend on the facts in an individual application.

 On 19 November 2015, Statement of Changes HC 535 introduced a requirement that investments made in the form of directors’ loans must be evidenced through readily identifiable transactions in applicants’ business bank statements. A change is being made so that this requirement only applies to investments made after 19 November 2015.

 A provision is being removed because it contradicts the rule requiring applicants to be registered with Companies House within 6 months of the date the applicant entered the category. The removed provision requires that such registration has to be effected within 8 months of the same date.

 Redundant transitional arrangements relating to applicants switching from Tier 1 (Post-Study Work) are being removed. This is because leave as a Tier 1 (Post-Study Work) Migrant was granted for two years and the category was closed on 6 April 2012.

 A clarification is being made to the rule which excludes buying the business from its previous owner from being considered as a qualifying investment, to clarify that this means buying any business from its previous owner.

 Minor amendments are being made to the requirements concerning format and contents of letters (used as evidence) for consistency.

 Clarifications are being made to the evidential requirements for Tier 1 (General) migrants switching into the Tier 1 (Entrepreneur) category to make clear the relevant dates for evidence.

[CR001]

There is some changes in the Immigration rules on 07/12/2017. Is these changes put any Impact on extension applications that still under consideration

Always beneficial to provide the link please. Many changes have been introduced and released across a range of visa categories.

[dev1313]

Changes in Immigration rule-


https://www.gov.uk/government/publicati ... ember-2017

[marcnath]

I have not gone through the actual amended immigration rules, but on the whole I am very positive about these changes. It removes or clarifies many of the things and generally makes it easier for applicants.

The only few places it was tightened were places where abuse was possible:
- Venture capital funding
- Purchase of business
- Funding from other T1E applicants

The first two I have noticed in this forum. The last one is interesting.

As to the impact on existing applications, I would assume CW will use the changes in favour of the applicant where possible (for example if start date is missing from FPS). I doubt if any of the strengthening will be applied retrospectively.

[marcnath]

One significant helpful change is in the Job Creation in the extension period. By changing it to 12 months before date of application, the processing time between application and grant of a previous extension is no longer a negative for ILR application.

There are a few posters in this Forum that I think will immediately benefit from it.

[zimba]

Lots of positive changes and clarifications. The changes of this statement shall take effect on 11 January 2018

[Rocher]

One significant helpful change is in the Job Creation in the extension period. By changing it to 12 months before date of application, the processing time between application and grant of a previous extension is no longer a negative for ILR application.

There are a few posters in this Forum that I think will immediately benefit from it.

Is that mean the job created during processing time will count??

Please correct me if I've got it wrong.
Thanks

[zimba]

Is that mean the job created during processing time will count??

Only if your extension was approved less than 12 months from the date of ILR

[Faheemryk]

As to the impact on existing applications, I would assume CW will use the changes in favour of the applicant where possible (for example if start date is missing from FPS). I doubt if any of the strengthening will be applied retrospectively.

Hi Macnorth

Does that mean, if start date is missing on FPS, CW will ignore that and award points for the hours employment was created ?

please correct me if I am wrong.

[JohnOhn]

I am now even more confused about what they want to see from self-employed applicants. This part is newly reworded and doesn't clear anything up.

48(a) if the applicant is self-employed, they must provide:
(i) evidence of their registration with HM Revenue & Customs to show that their business is based in the UK, and such evidence is dated no earlier than three months before the date of application

What possible evidence from HMRC can a self-employed person show that their business (which is them) is based in the UK – and that that evidence is dated in the three months before extension or ILR??? What type of HMRC evidence would show a self-employed person's business location?

[marcnath]

I am now even more confused about what they want to see from self-employed applicants. This part is newly reworded and doesn't clear anything up.

48(a) if the applicant is self-employed, they must provide:
(i) evidence of their registration with HM Revenue & Customs to show that their business is based in the UK, and such evidence is dated no earlier than three months before the date of application

What possible evidence from HMRC can a self-employed person show that their business (which is them) is based in the UK – and that that evidence is dated in the three months before extension or ILR??? What type of HMRC evidence would show a self-employed person's business location?

Based in the UK has been defined elsewhere - it is address, bank account and taxation. A HMRC tax assessment notice will possibly meet the location and UK taxation. Add a business bank statement/letter and you meet the requirement.

[JohnOhn]

I am now even more confused about what they want to see from self-employed applicants. This part is newly reworded and doesn't clear anything up.

48(a) if the applicant is self-employed, they must provide:
(i) evidence of their registration with HM Revenue & Customs to show that their business is based in the UK, and such evidence is dated no earlier than three months before the date of application

What possible evidence from HMRC can a self-employed person show that their business (which is them) is based in the UK – and that that evidence is dated in the three months before extension or ILR??? What type of HMRC evidence would show a self-employed person's business location?

Based in the UK has been defined elsewhere - it is address, bank account and taxation. A HMRC tax assessment notice will possibly meet the location and UK taxation. Add a business bank statement/letter and you meet the requirement.

But I don't think any HMRC tax assessment notice would have your personal bank account details on it?

Sorry, misread your answer. Makes sense now.

Thank you so much for all your help on these forums, marcnath. Really appreciate it.

[miumiuuk]

" A transitional arrangement relating to the job creation requirement for applicants who entered the category before 6 April 2014, currently set out in published guidance, is being incorporated into the Immigration Rules. This transitional arrangement will only apply to extension and settlement applications made before 6 April 2019."

In another word, A transitional arrangement relating to the job creation will not be affected if the pre-April T1E applicants apply their ILR after 6 April 2019 ???
and I now realize the true reason that HO delays the T1E applications. Make the transitional arrangement disable silently.

[ishfaqsangra]

Is that mean the job created during processing time will count??

Only if your extension was approved less than 12 months from the date of ILR
[/quote

Couldnot understand the above.Any further comments..

[marcnath]

Is that mean the job created during processing time will count??

Only if your extension was approved less than 12 months from the date of ILR

Couldnot understand the above.Any further comments..

It depends on your circumstance.

Let''s use an example.
Someone gets initial Visa in Jan 2015 until Apr 2018.
Then the extension takes extra processing so that extension is granted in April 2019.
Under current rules, the earliest the applicant will be eligible for ILR is April 2020, because 2 jobs of 12 months each need to be created in the extension period.
So the employment during between May 2018 and Apr 2019 cannot be used towards the job creation evidence for ILR.

However, under the new rules, the applicant will qualify for ILR in Jan 2020 (4 months earlier) if the jobs existed between Jan 2019 to Dec 2019. So, at least the employment between Jan 2019 and April 2019 can be counted even if it was during the extension period.

Hope that explains it better.

[ishfaqsangra]

Yes so in other words if they take a year or above during extension process and applicants 5 years for ILR are completing within 12 months of latest extension then the processing period will count.
Applicants like us who got extension in 6 months time (1.5 years time to ILR) will have no advantage.

[natsha]

Job Creation EXTENSION Period Count:

Let me clear you lot of people confused.

For example,

Tier-1 Granted. 2 Jan 2014 to 2 Jan 2017 ( Three Years)

[*] 5- year ILR Complete 1 Jan 2019 ( If you like to send 28 Days Before)

* Tier-1 Extension Applied 1 Jan 2017 If anyone creation Job 1 Jan 2017 Until 31 Dec 2017 Its ALL waste.
but the application still pending or not any decision than 1 Jan 2018 you must be started JOb creation 12 Months or 6 months 4 employees etc for ILR 5 years because of form 1 Jan 2018 only 1 Year left.

If he got approval lets say 1 March 2018 so these 3 months of 2018 will count only and Good Things his 5 years completing 1 Jan 2019 but his visa will be expired 3 March 2020.

ONLY 3 months count not all before 31-12-2017.

Very good decision HO my one of friend already complete 5 year but he can't Apply ILR because still 3 months left for job creation.lol

[marcnath]

Yes so in other words if they take a year or above during extension process and applicants 5 years for ILR are completing within 12 months of latest extension then the processing period will count.
Applicants like us who got extension in 6 months time (1.5 years time to ILR) will have no advantage.

Assuming you have a business that does need the jobs, then you would easily create the two jobs during the 1.5 years left. So you are not at a disadvantage.

While I personally think the job creation requirement is not the best measure for T1E, I can appreciate that the UK government's use of that as one that would help the country.

As in the case of @natsha's post also, if the only reason for hiring people is to meet the job creation requirements of the T1E, then I agree this change in the rules do not help.

[nevergiveup88]

if anyone applying ILR ON
10 Year route, Does this job rule apply on those applicants as well ? Please advise , many thanks

[marcnath]

if anyone applying ILR ON
10 Year route, Does this job rule apply on those applicants as well ? Please advise , many thanks

10 yr LR has nothing to do with job creation

[nevergiveup88]

Thanks for your swift reply highly appreciate , macnarth ,

[Mehdi123]

Okay macarnath, can you explain me what's happening with the employment. I really don't get it. I have been waiting for 15 months now. My 5 years complete in septI2018. I have 1 job constantly, one employee left in august17 (was with us for 1year and 11months) and the position was filled back in august by another employee. Let say I get my visa Tomm. When can I apply for ilr? I'm pre April.

[zimba]

Okay macarnath, can you explain me what's happening with the employment. I really don't get it. I have been waiting for 15 months now. My 5 years complete in septI2018. I have 1 job constantly, one employee left in august17 (was with us for 1year and 11months) and the position was filled back in august by another employee. Let say I get my visa Tomm. When can I apply for ilr? I'm pre April.

In simple terms, you can claim ALL employment created/maintained between Sep 2017 and Sept 2018 towards your ILR.

[marcnath]

Okay macarnath, can you explain me what's happening with the employment. I really don't get it. I have been waiting for 15 months now. My 5 years complete in septI2018. I have 1 job constantly, one employee left in august17 (was with us for 1year and 11months) and the position was filled back in august by another employee. Let say I get my visa Tomm. When can I apply for ilr? I'm pre April.

Since your 5 years completes in Sept 2018, the earliest you can apply is Aug 2018 (28 days before). All your employment from Aug 2017 is therefore counted towards your job creation. Since you have one person working, that is 12 months. You need another 52 weeks of job creation before you can qualify for ILR. Under the revised rules, you can start the job creation now and it will count towards your job creation when you apply.

Remember it is always 12 months before the application date. So, if you apply in Dec 2018 for ILR, you can only count the job between Jan 2018 and Dec 2018 and so on.

[Ali7770]

Hello Guys.

Need your valuable advice.

For Example: (Pre-April 2014)

First TE 1 Visa Granted = 1-07-2013.
Applied Extension = Mid of June 2016
Extension Granted = October 2017.

so now my ILR will be due in 01- july 2018.

And my business can claim points for Job Creation from 01-July-017 to 30-June-2018 according to new rules rather than from october 2017.

Really Appreciate your Response.

Regards