The Home Office is expected to raise the Immigration Health Surcharge (IHS) substantially in the new year (2024) for visa applicants coming to the UK. The details of the changes have been set out in the draft ‘Immigration (Health Charge) (Amendment) Order 2023’. The order will come into force on either 16th January 2024 or the “twenty-first day after the day on which it is made”, subject to parliamentary approval. The increase in the IHS follows the publication of an ‘Equality Impact Assessment’ in October 2023, which sets out the proposed changes, who they will affect, and the impact of the public sector’s duty to equality when exercising their duties. The IHS fee hike comes only a few short months after the Home Office increased visa fees for those on Work and Family routes on 4th October 2023.
The Immigration Health Surcharge (IHS) will increase from £624 per year to £1,035 per year. This represents an increase of 66%. For children, students, student dependants, and youth mobility workers, the IHS will increase from £470 per year to £776 per year.
The IHS has increased numerous times since its introduction in 2015. In 2015, the rate was set at £200 per person per year with a discounted rate of £150 for students and their dependants. In January 2019, the IHS doubled to £400 and £300, respectively. The IHS was further increased to £624 and £470, respectively, on 1st October 2020.
The amount of money payable upfront when applying for a visa will depend on the type of visa, the number of applicants, and the duration of the visa. Here are some examples of how much applicants can expect to pay under the new IHS fee regime in early 2024:
A single adult applying to come to the UK on a 5-year Skilled Worker will pay an IHS of 5 x £1,035 = £5,175 (please note this does not include the cost of the Skilled Worker visa itself). This is an increase of £2,055 compared to the current IHS fee structure.
A Skilled Worker visa applicant coming to the UK with their spouse and two children will pay:
A single adult applying for a student visa lasting 3 years will pay an IHS of 3 x £776 = £2,328. This is an increase of £918 compared to the current IHS charges.
A Student Visa applicant coming to the UK with their spouse and two children for 3 years will pay:
The purpose of the IHS is to cover the cost of the use of the National Health Service (NHS) by visa holders who require medical care during their time in the UK. The IHS must be paid to the Home Office by the main applicant and any dependants joining them when applying for a visa. Crucially, the IHS is payable upfront for the whole duration of the visa. Most visa applicants must pay the IHS, including those on Work and Family visa routes.
There is no IHS fee for those applying for indefinite leave to enter or remain, a Health and Care Worker visa (or as their dependant), status under the EU Settlement Scheme, or in a range of other limited circumstances.
The Home Office is justifying the increases expected in early 2024 on the basis that it was a 2019 manifesto commitment and also the need to fully reflect the full cost to the NHS of treating Health Charge payers. As the IHS Equality Impact Assessment published in October 2023 explains, “The increases to the Health Charge will ensure that the full cost of providing NHS services for those who pay the Health Charges are covered”.
The IHS has faced widespread criticism for imposing an unfair additional tax on immigrants to the UK. According to the House of Commons Library, “Some people object to the IHS on principle, arguing that it represents a double taxation for temporary migrants who, like other UK residents, already contribute to the NHS through regular taxes”. The Home Office themselves justify the IHS on the basis of the high cost to the state of providing medical treatment to non-EEA nationals of around £1bn, in addition to the excessive resource burden on the NHS.
There is little doubt that the substantial increases in the IHS will cause some visa applicants concern. The timely planning of your visa application is essential. This will ensure that you can avoid a significant increase in costs, where possible. It is important to note that visa applications made before this date will not be subject to the increased fee. However, if your visa application is refused and you reapply after the change becomes effective, your new application will incur the higher fee. In some cases, it is also possible to apply for a fee waiver of application fees to reduce the overall cost of applying for a visa. This may apply, for example, if you are a partner, parent or dependant child of someone who has a family visa or has permission to stay in the UK on the basis of their private life. Please contact us at A Y & J Solicitors for more information and assistance with your Work or Family visa application and to ‘get it right first time’.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with UK Skilled Worker visas. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or contact us today. We’re here to help!
On 15th September 2023, the Home Office published details of the changes to immigration fees which will come into force on in October 2023. The fee changes will impact a wide range of visa types including work, student, and visit visas, in addition to other fees such as Indefinite Leave to Remain, British citizenship and even priority services. In this article, we will explain the key main changes to immigration application fees and why these have been made.
According the news release accompanying the updated fee structure, the government has increased fees to “pay for vital services and allow more funding to be prioritised for public sector pay rises”. The government’s announcement also explains that “Income from fees charged plays a vital role in the Home Office’s ability to run a sustainable immigration and nationality system. Careful consideration is given when setting fees to help reduce the funding contribution from British taxpayers, whilst continuing to provide a service that remains attractive to those wishing to work in the UK and support broader prosperity for all”.
The new immigration fee regime will affect a wide range of Home Office fee types including:
In addition to providing a full schedule of the new immigration fee structure which will come into force on 4 October, the government has provided some details of the scale of the increased and rationale. It states, “an increase of 15-20% is being sought across a range of different immigration and nationality products and services in order to significantly contribute to wider Home Office funding objectives”.
Some of the main increases to be aware of are as follows:
The new fees will come into force on 4th October 2023. As the Home Office has stated:
“Subject to Parliamentary approval, the immigration and nationality fees will increase from 4 October 2023. Today’s changes do not include the planned increase to the Immigration Health Surcharge (IHS) which are scheduled to be introduced later in the Autumn”.
There are two exceptions to be aware of:
A full schedule of all the new fees can be located on the gov.uk website at the following link:
It’s important to note that these changes do not include the increase in the immigration healthcare surcharge which will increase from £624 per person per year to £1,035 later in the year.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or contact us today. We’re here to help!
On 7th September 2023, the Home Office published its latest ‘Statement of Changes In Immigration Rules HC1780. The main reason for the statement is to deliver changes to the EU Settlement Scheme (EUSS) and the Appendix Electronic Travel Authorisation. Many of the other changes are minor in nature and will not significantly affect business immigration in the UK. In this article, we will summarise the key immigration rule changes for September 2023.
The latest statement of changes confirms that the UK will now be introducing a new Electronic Travel Authorisation (ETA) scheme along the same lines as the European Travel Information and Authorisation System (ETIAS).
The rules state a person travelling to the UK will need an ETA if they:
The UK’s new ETA scheme will ultimately apply to all passengers arriving in or transiting through the UK “who do not currently need a visa for short stays and do not have any other immigration status before travelling”.
The new ETA scheme will be launched in October 2023 in a phased manner and is intended to “strengthen the security of our border”. Under the phased rollout of the ETA, Qatari nationals will need an ETA from 15th November 2023 (applications can be made from 25th October). Furthermore, nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates will require an ETA from 22nd February 2024 (applications can be made from 1st February 2024). More nationalities will be added to the scheme at a later date.
‘Appendix Electronic Travel Authorisations’ is being changed to make it clear that NHS debt will not be an automatic ground for refusal of an ETA. This is because, according to the Home Office, the ETA system is intended to take a “light touch” approach, and the current IT systems are “not capable of processing information on NHS debt quickly enough to deliver an ETA decision at the required speed”. That said, the Home Office has reserved the right to refuse entry if they discover evidence of non-payment of NHS at the border; “Travellers seeking permission to enter the UK who have outstanding NHS debts, and who do not take the necessary steps to settle their debts in advance of travel, may be refused entry at the UK border on arrival”.
The immigration law changes in HC1780 mean that there will no longer be a right to apply for an administrative review for any EUSS, EUSS family permit, or S2 Healthcare Visitor visa application decision. The statement confirms the right to appeal will remain where applicable. These changes will apply from 5th October 2023.
Two changes have been made to the Youth Mobility Scheme (YMS) for nationals of Australia and Canada only, as follows:
In addition, Andorra is now being added to the list of countries whose nationals can apply for a UK Youth Mobility Scheme visa.
Under the immigration law changes, the Home Office has introduced a new appendix called “Appendix Children”. Appendix Children will set out the immigration requirements for children applying as dependants of a lead applicant and for those applying in their own right. It will set out common requirements for dependent children related to age, independent life, care, and relationship requirements. A parental consent requirement will also apply for children applying for entry clearance or permission to stay in their own right.
The aim of the new Appendix Children document is to make it easier for those navigating the immigration system to understand the specific immigration rules for children. Previously, these were spread across several route-specific appendices.
In the earlier “Spring 2023 Rules” changes, part 13 of the immigration rules was changed to remove the 10-year re-entry ban for those who have been deported or removed from the UK at public expense. The September rule changes have now amended paragraph 9.8.7(e) of part 9 (grounds for refusal) to align with part 13.
Under the latest changes, the requirement to provide a current ‘Appointment Report’ from Companies House in paragraph 9(b)(vi) of Appendix FM-SE has been removed. This is to reflect the fact that Companies House Direct (CHD) and WebCHeck services that provide this service will be closing on 30th November 2023. Instead, users will need to use the “Find and update company information service” on the Companies House website.
Another change has been made to Appendix-SE to make it clear that information provided by applicants on ‘Evidence of registration with the Registrar of Companies at Companies House’ can be utilised by Home Office decision-makers to search for the directors of a specified limited company.
The latest changes have also added ‘prison service officers’ to the list of eligible occupations under the Skilled Worker route. As the statement explains, the occupation of prison service officers meets the skills threshold, and workers can be sponsored as long as the Civil Service nationality requirements have been met.
Finally, in addition to the latest immigration rule changes, the Home Office published a ‘Home Office immigration and nationality fees’ on 7th September 2023. That table does not reflect any changes to the existing fees. It is important to note that on 15th September, the Home Office published an updated fee list which outlines the fee increases that will come into force from 4th October 2023. Further increases to the Immigration Health Surcharge are still pending, and expected to be confirmed later this Autumn.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or contact us today. We’re here to help!
In the wake of significant media coverage, the Home Office has made the stunning decision to radically change the Immigration Rules, with less than a day’s notice, restricting students from switching to work visas before completing their course and preventing post-graduate students from sponsoring dependents, unless they are on taught research programmes.
While reeling from the abruptness of these changes alone, we are also braced for significant visa fee increases, for which no precise date has been set.
A summary of the key changes to the immigration rules published on 17 July and 19 July are outlined below, as well as updates on other key announcements this month.
On 17 July 2023, the UK Government published a statement of changes to the immigration rules HC 1496. Key updates from this publication are as follows:
Restrictions on student switching
The Home Office has removed the ability for student visa holders to switch out of the student route into work routes before their studies have been completed.
This includes student visa holders switching into the Skilled Worker route and also those seeking to switch into the skilled worker dependant route.
Where switching into the skilled worker route, the applicant must have completed their studies, the course end date must not be before the start date on the CoS or they must have completed at least 24 months of a PhD course.
To switch into the skilled worker dependant route, the student must have either completed their course or have completed at least 24 months of a PhD course.
The rules came into effect at 3pm on 17 July and apply to all visa applications made on or after this date, with no “transitional arrangements”.
Student dependents
The government has removed the ability for student visa holders to bring dependants unless they are on postgraduate courses currently designated as research programmes.
The Home Office reported their intention to make this change on 23 May 2023 and the update was widely disseminated in UK media outlets.
To avoid a large influx of applications, the Home Office chose to make the change effective from 17 July 2023, with no additional grace period for applications.
Dependants already in the UK can extend their stay and students on taught postgraduate courses beginning before 1 January 2024 can also continue to bring dependents. Dependants of government-sponsored students and dependent children who are born in the UK can also apply for dependant visas.
Effectively, there will be no impact on those students making applications relating to courses starting in Autumn 2023.
Additions to the Shortage Occupation list
Further to recommendations by the Migration Advisory Committee (MAC), all jobs in the following occupations in construction are being added to the Shortage Occupation list:
In addition, the following roles are also being added to the Shortage Occupation list:
The primary benefit of eligibility for a Shortage Occupation list visa is a lower visa fee. Also, those sponsoring candidates under the Shortage Occupation list are permitted to pay a salary that falls below the going rate for sponsorship, provided the salary is no less than £20,960 per annum, £10.75 per hour and at least 80% of the going rate, as stated under Home Office’s guidelines (“Appendix Skilled Occupations”).
The rule change will come into effect on 7 August 2023.
EU Settlement Scheme
From September 2023, people with pre-settled status under the EU Settlement Scheme will automatically have their status extended by 2 years (before it expires) if they have not yet obtained settled status.
This change has been implemented following a landmark High Court decision in December 2022 which ruled that the pre-settled status scheme in its current form is unlawful.
The government announcement can be viewed here:
https://www.gov.uk/government/news/eu-settlement-scheme-enhancements-confirmed
Additions to visa national list
On 19 July 2023, the government published a statement of changes to the Immigration Rules HC 1715.
The new change adds 5 countries to the “visa national list”.
Travellers from these countries will need to apply for entry clearance to enter the UK and can no longer enter (for 6 months as visitors) on their passports alone.
The countries added to the visa national list on 19 July are as follows:
The changes took effect from 19 July 2023 (3 pm).
There is a transitional arrangement for travellers who hold confirmed bookings to the UK made on or before 15:00 BST 19 July 2023. Such individuals can travel as non-visa nationals, where their arrival in the UK is no later than 16 August 2023.
India Young Professionals Scheme
July 2023 heralds the second ballot this year under the Indian Young Professionals Scheme.
The ballot opened on 25 July 2023 at 1:30pm India Standard Time, and closes at 1:30pm India Standard Time on 27 July 2023.
Before entering the ballot, it is important to check if you are eligible for an India Young Professionals visa. Specifically, you must:
Those who have used the scheme before or the Youth Mobility Scheme visa will not be eligible for this visa.
To enter will need to input your details on the Home Office ballot webpage*. You will be asked to provide your name, date of birth, passport details, a scan or photo of your passport, your phone number, and your email address. There is no fee to enter the ballot.
Once the selection process is complete, you will be informed within 2 weeks if you have been invited to apply for an India Young Professionals visa. If so, you will have 30 days to submit your application and pay the fee of £259.
*Please note – the link you need to follow to enter the ballot will only be available when the ballot is open.
E-gates rule changes
Children aged 10 and 11 will be able to use passport e-gates at the UK border from Monday 24 July, after the government announced a change to the rules.
Previously, only eligible children aged 12 and above could use the e-gates, located at air and rail ports across 15 UK locations.
The government indicated that the change comes after successful trials at Gatwick, Stansted and Heathrow airports.
The government announcement can be accessed here:
https://www.gov.uk/government/news/smoother-travel-for-families-through-the-uk-border-this-summer
Illegal Migration Bill passed
The government’s highly controversial “Illegal Migration Bill” has been passed by Parliament. The bill received Royal Assent on 20 July 2023.
Under this new legislation, the law will change to prevent anyone entering the UK illegally from being able to stay in the UK. The purpose of the bill is to deter illegal migration, particularly through unsafe routes (such as dangerous Channel crossings in small boats).
The laws will apply to those who arrive to claim asylum through illegal routes. The Refugee Council anticipate that, in the first 3 years of this new law coming into effect, 10,000 people per year could be removed to Rwanda. However, they also believe that £9 billion could be spent detaining and accommodating migrants who have not yet been removed, a possible total of 225,347 – 257,101people.
On 13 July the government announced its intention to increase Immigration Health Surcharge by 66% and work visa fees (including work visa dependents) by 15%. The fees are supposed to help cover the cost of the UK immigration and border system. The cost of making a priority service application will be the same, whether applying from inside the UK or outside the UK. It should be noted that in the case of a visa refusal, the applicant’s Immigration Health Surcharge would be refunded to the applicant. If the application is refused, the visa fees would not be refundable.
The Immigration Health Surcharge, which is currently payable upfront by all visa applicants is £624 per annum for an adult and £470 per annum, for a child.
The Immigration Health Surcharge is a notional health insurance premium which gives the visa holder access to use the NHS. Health and Care visa applicants (and their dependents) are exempt from the Immigration Health Surcharge and will continue to be exempt after the increases.
The Immigration Health Surcharge will increase to £1035 for an adult and £776 for a child, with the increase in revenue apparently being earmarked to help fund pay rises for NHS doctors.
There has been no date given for when the increase will become effective.
While July has undoubtedly been a busy month for news and updates, very few of the changes will be welcomed by migrants looking to relocate or extend their visas in the UK.
The Home Office’s aim to reduce net migration is seeing students on the frontline of negative changes and everyone will be affected by the upcoming fee increases.
While there is no date set for the fee hikes, it is best for all applicants to be prepared for a possible short-notice change.
Given how expensive applications already are, and how additionally expensive they are due to become, there is little scope for getting it wrong, so applicants are strongly encouraged to seek expert immigration advice before making a visa application.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or at contact us today. We’re here to help!
It appears that the Home Office may be about to ‘u-turn’ on a recent announced policy change requiring sponsors to report changes in working location. In response to the widespread shift towards hybrid working and working from home following the COVID-19 pandemic in 2020, the Home Office had amended its guidance on sponsor reporting mandating sponsoring employers to inform the Home Office if a sponsored worker switches to a hybrid working arrangement. It is now expected that these changes will be removed or amended by the Home Office. As the extent of any u-turn on this policy change is not yet clear, the following explains how the new location reporting requirement may work if it is retained.
The new reporting requirement for licenced sponsors is contained in paragraph C1.19 of Workers and Temporary Workers: guidance for sponsors Part 3: Sponsor duties and compliance. Under the section on ‘change of work location’, paragraph C1.19 states:
“C1.19. You must tell us if a sponsored worker’s normal work location (as recorded on their CoS) changes. This includes where:
C1.20 clarifies that a ‘hybrid working pattern’ refers to a working arrangement whereby an employee works remotely on a regular and planned basis from their home or another address in addition to regularly attending one or more of their employer’s offices or branches or a client site. “Other” addresses may include a work hub space that is not a client site (mentioned on the Certificate of Sponsorship as a work address) and is not an address listed on the sponsor licence.
In terms of when changes in work location should be reported to the Home Office, C1.21 further clarifies that there is no requirement to report day-to-day changes in work location. Hence if a sponsored worker works in a different branch or site or from home occasionally (but not regularly), this does not need to be reported. The obligation to report changes in working location only applies if there is a permanent and ongoing change to the regular working pattern of a sponsored worker.
Changes in normal working patterns, as with any change in circumstance for sponsored workers, should be reported to the Home Office within 10 working days of the change. This timeline would start from the date that the worker officially switches from working in the office to hybrid working/work from home.
This change imposes an additional obligation for sponsor licence holders to the existing reporting requirements. This means that sponsors may need to report:
For future sponsored employees, who will be confirmed as working on a hybrid or work from home arrangement, it is advisable to add a comment to the Certificate of Sponsorship (by way of a “sponsor note”) confirming the working arrangement. This can be added after it is assigned. It is also advisable to agree on a standard format for this comment to ensure consistency of use.
Once the change in working pattern has been reported through the Sponsor Management system (by a Level 1 user), the sponsor will have discharged their reporting duty. It is advised that the employer should still keep internal records of changes in employment contractual terms, ready for inspection (for example a letter confirming the change in work location/work pattern).
When reviewing these changes to the reporting guidelines, it may be a useful opportunity for some sponsors to review (short and long-term) working arrangements of their sponsored staff, check their worker’s contact details are up to date, as well as checking other organisation and migrant reporting requirements are being followed.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with sponsor compliance. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or at contact us today. We’re here to help!
At the end of January 2023, Tech Nation, one of the main approved Global Talent Visa endorsing bodies, announced its intention to cease operations on 31st March 2023. In a more recent announcement, however, Tech Nation confirmed that they have now become part of the ‘Founders Forum Group’. Crucially, this means that they will continue to handle the endorsement of digital technology Global Talent Visa applicants until a long-term plan has been put in place by the Home Office
On 31st January 2023, Tech Nation announced its intention to cease operations at the end of March 2023:
“After a decade as a government-backed organisation serving the UK scaleup tech ecosystem, we are today announcing that Tech Nation will be closing its doors from 31st March 2023. Tech Nation’s core grant funding from DCMS is being awarded to Barclays Bank. With this foundation removed, Tech Nation’s remaining activities are not viable on a standalone basis”.
Understandably, this caused considerable uncertainty and frustration for stakeholders within the UK’s start-up business sector and also applicants and holders of Global Talent visas with digital technology expertise.
A statement on the Tech Nation website on 24th April 2023 confirmed that the organisation has now been acquired by the Founders Forum Group (FF Group):
“Founders Forum Group (FF Group), a global community and group of businesses supporting entrepreneurs at every stage of their journeys, has formally acquired Tech Nation. The transfer will see FF Group continue to execute against Tech Nation’s mission to empower tech entrepreneurs, scale innovative start-ups, and provide a united platform for UK tech founders.
The statement also confirmed that Tech Nation, now as part of the FF Group, will continue to handle Global Talent visa applicant endorsements until a new endorsing body is confirmed:
“Tech Nation, under the FF Group umbrella, will continue to process the Global Talent Visa for the Home Office, and applicants can continue to apply as normal with applications in process unaffected, while the Home Office identifies a new endorsing body to take over from Tech Nation”.
The Home Office also reconfirmed its commitment to the future of the UK’s digital technology sector and thanked Tech Nation for their efforts since 2014 in shaping the Global Talent visa:
“We’re committed to maintaining a strong digital technology offer as part of the Global Talent visa, and we’ll try to minimise disruption to those applying. We’ll provide a further update in the coming weeks….We thank Tech Nation for their valuable work on the Global Talent visa and their willingness to continue to work with government as we start the next phase of the Global Talent visa for digital technology”.
The Founder Forum Group is an international community that encourages the collaboration of entrepreneurs to help businesses to grow. As the group’s website states, “Founders Forum Group is a global community and group of businesses, empowering entrepreneurs at every stage of their journeys”. The organisation started in 2005 in London and now has 40 forums in 20 cities worldwide, including LA, Rio de Janeiro and Tel Aviv, Mumbai, Paris and Hong Kong.
According to the Home Office website, the acquisition of Tech Nation by the Founder Forum Group means that:
The Home Office is still reviewing the situation and is yet to make a long-term decision on the endorsement of Global Talent visa digital technology applicants. The news that Global Talent visa applications digital technology applications can continue while a long-term endorsing body decision has been made will come as a welcome relief to visa holders and prospective applicants. As ever, we will keep you updated when we know more.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or at contact us today. We’re here to help!
If you currently hold a Tier 1 Entrepreneur visa, it is important to note that the deadline for extension applicants was 5th April 2023. If, however, you held a Tier 1 (Graduate Entrepreneur) visa before switching to a Tier 1 (Entrepreneur) visa, you still have until 5th July 2025 to apply for an extension of your leave. The Tier 1 Entrepreneur visa closed to new applicants on 29th March 2019 and was replaced by the Innovator /Start-up routes, which were subsequently consolidated into the Innovator Founder visa, open from 13 April 2023. The Innovator Founder visa is open to overseas businesspeople with a plan to establish a new, innovative and viable business in the UK that has been endorsed by an approved endorsement body.
The Tier 1 (Entrepreneur) visa was aimed at overseas business people who wanted to become a director in a company or be self-employed in the UK and had funds of at least £50,000 or £200,000 to invest into 1 or more UK businesses. Tier 1 (Entrepreneur) visas were initially granted for up to 3 years, at which point holders were able to apply for an extension for an additional 2 years.
Yes, if you currently hold a Tier 1 (Entrepreneur) Visa and have done so for 3 or 5 continuous years, you have until 5th April 2025 to apply for Indefinite Leave to Remain (ILR) if you meet the eligibility criteria (see below). If you previously switched from a Tier 1 (Graduate Entrepreneur) to a Tier 1 (Entrepreneur) visa, you have until 5th July 2027 to apply for settlement.
You can apply for accelerated ILR after 3 years if you have created at least 10 new jobs or generated a gross income of £5m or more over 3 years. Alternatively, you will be able to apply after 5 years if you’ve created the equivalent of 2 new full-time jobs, and these have existed for 12 months.
To gain ILR, you will also need to prove that you:
You can apply for ILR up to 28 days before you meet the 3 or 5 years continuous residence requirement. It is important to exercise caution as if you apply too early there is a risk that your application will be refused by the Home Office.
The application fee for ILR as an Entrepreneur visa holder is £2,404, and applications typically take up to 6 months to receive a decision. If you need a faster decision, it is possible to pay an additional fee of £800 to use the Super Priority Service for a decision within 1 working day.
Your partner and children will also be able to apply for settlement if they have been living in the UK on a dependant visa for 5 years, passed the Life in the UK test and meet the English language requirements. Your partner can also use any time spent in the UK on a different type of dependant visa towards gaining settlement.
If your Entrepreneur visa ILR application is approved, you will be able to live, study, work, access the NHS, access schooling for your family, and apply for benefits and public funds. In addition, you will qualify for UK citizenship after a further 12 months.
If you did not apply for a Tier 1 Entrepreneur visa extension by the deadline of 5th April 2023, it is important to speak to an immigration Solicitor who can explain your options based on your personal circumstances and those of your family members. This is especially important if your current visa has now expired, as you may now be classed as an overstayer. By taking prompt action (e.g. by switching to a different visa type or applying for ILR), you can secure your legal immigration status in the UK and that of your family members.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or at contact us today. We’re here to help!
On 9th March 2023, a Statement of Changes to the Immigration Rules was presented to Parliament, containing several key immigration changes, many of which will come into force from 12th April 2023. These include the new UK border electronic travel authorisation (ETA), the replacement of the Innovator visa and retirement of the Start-up visa, and amendments to the salary thresholds for sponsored work visas. In this article, we will outline five of the key proposed changes to the immigration rules.
The new Electronic Travel Authorisation (ETA) scheme will require travellers to gain pre-authorisation before travelling to the UK. The scheme will apply to third-country nationals who are visiting the UK or transiting through the UK who do not currently require a visa when coming for a short stay.
As the Home Office website explains, an ETA will grant permission to travel to the UK, and it will be electronically linked to the holder’s passport.
With an ETA, travellers will be permitted to:
British and Irish passport holders, passengers with permission to live, work or study in the UK, and those with visas to enter the UK will not need an ETA before travelling.
The new UK ETA scheme will be phased in from November 2023 for those from certain countries, as follows:
Further details on the new UK ETA scheme, including the application process and fees, will be released by the Home Office in due course in ‘Appendix Electronic Travel Authorisation’.
The changes include proposals for a new Innovator Founder visa route to replace the existing Innovator visa. This new visa will open to applications on 13th April 2023 and will see the closure of the Start-up visa.
The aim of the new Innovator Founder visa is to make it easier for those with an innovative, viable, and scalable business idea to come to the UK. The main difference between the new scheme and the outgoing Innovator visa route is that applicants will no longer need £50,000 in upfront investment funds.
As the statement explains, the new visa aims to provide more “flexible provision for those with a genuine proposal for an innovative business and sufficient funds to deliver it”.
In addition to removing the £50,000 investment fund requirement, the new visa will relax the rules on allowing work in secondary employment, but only for skilled roles (i.e. RQF Level 3 or above).
The statement of changes incorporates a number of proposed amendments to the Skilled worker visa, Global Business Mobility visa scheme, Scale-up visa, and the Seasonal Worker visa, as follows:
Skilled Worker, Global Business Mobility, Scale-up and Seasonal Worker visas
Skilled Worker visa
Global Business Mobility Scheme
Scale-up visa
Worker routes
Following changes to the UK’s bilateral youth mobility arrangement with New Zealand, the age range applicable under the Youth Mobility Scheme (YFS) for NZ nationals is being expanded from 18-30 to 18-35. In addition, the maximum length of stay is being increased from 2 to 3 years.
Under the changes to the rules for ILR long residence:
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or at contact us today. We’re here to help!
