Expected Changes In Rules 6th April 2017

[sqahar]

Hi
My immigration consultant is insisting on applying for the Tier 1 Entrepreneur visa before 6th April saying that rules are expected to change on 6th April. I have done a bit of research online, the web says changes are expected in Tier 2, however, nowhere Tier 1 has been mentioned.

Does anyone know if changes are expected in Tier 1 as well and if yes, what kind of changes should be expected?

thanks

[Camel555]

Hi
My immigration consultant is insisting on applying for the Tier 1 Entrepreneur visa before 6th April saying that rules are expected to change on 6th April. I have done a bit of research online, the web says changes are expected in Tier 2, however, nowhere Tier 1 has been mentioned.

Does anyone know if changes are expected in Tier 1 as well and if yes, what kind of changes should be expected?

thanks

I don't think anyone can answer this question, but if any, should be based on mac report..

[seasky]

Hi
My immigration consultant is insisting on applying for the Tier 1 Entrepreneur visa before 6th April saying that rules are expected to change on 6th April. I have done a bit of research online, the web says changes are expected in Tier 2, however, nowhere Tier 1 has been mentioned.

Does anyone know if changes are expected in Tier 1 as well and if yes, what kind of changes should be expected?

thanks

There was a MAC report talking about t1-ent and its abuse. Maybe they are finally enforcing fixes? if you are strong entrepreneur you should be happy. Saying that I did not hear anything specific

here is a snippet of the report:

"Whilst the economics literature that we presented in Chapter 5 sets out a range of positive impacts that could potentially be generated by migrant entrepreneurs, what we have found in practice suggests a mixed impact of Tier 1 (Entrepreneur) migrants. In Chapter 4 we illustrated the range of activity being undertaken by recent Tier 1 (Entrepreneur) migrants. Whilst at the top end we found evidence of some highly innovative businesses that are quite plausibly generating the types of impact we described in Chapter 5, we also found that a substantial element of the route is made up of lower value businesses that are less likely to have these impacts. "

[Ali272]

I think they should focus on Tier 4 and Tier 2 visas if they are really serious about immigration. Those two routes are huge and abused far more than Tier 1 Entrepreneur. Tier 2 immigrants are taking British people jobs especially those who switch their visas in country. Even a absolute minimum Tier 1 entrepreneur immigrant is far better than other immigrants coming to this country these days and good for the UK economy. Tier 1 entrepreneur used to be abused by PSW visa holders but now PSW is gone and Tier 1 entrepreneurs has become a tiny percentage of total immigration (only about 4000 visa was granted last year). Also immigrants can use super premium service for their Tier 1 Entrepreneur (my friend used it and got his visa in two weeks) so they can get their visa very fast which should not be a problem for successful entrepreneurs with lots of money. I think current Tier 1 entrepreneur scheme is a good deal for both entrepreneurs and the UK.

[sm12]

I think they should focus on Tier 4 and Tier 2 visas if they are really serious about immigration. Those two routes are huge and abused far more than Tier 1 Entrepreneur. Tier 2 immigrants are taking British people jobs especially those who switch their visas in country. Even a absolute minimum Tier 1 entrepreneur immigrant is far better than other immigrants coming to this country these days and good for the UK economy. Tier 1 entrepreneur used to be abused by PSW visa holders but now PSW is gone and Tier 1 entrepreneurs has become a tiny percentage of total immigration (only about 4000 visa was granted last year). Also immigrants can use super premium service for their Tier 1 Entrepreneur (my friend used it and got his visa in two weeks) so they can get their visa very fast which should not be a problem for successful entrepreneurs with lots of money. I think current Tier 1 entrepreneur scheme is a good deal for both entrepreneurs and the UK.

Are you sure that Tier 1 Entrepreneur visa holders can apply for ILR and extension using super premium service?
On HO's website, Tier 1 Entrepreneur is clearly listed among those who cannot apply under super premium service.

[sm12]

Ali, here's the link: https://www.gov.uk/ukvi-premium-service ... he-service

Tier 1 Investors can apply under super premium service, but not Tier 1 Entrepreneurs.



You can’t use the premium or super premium service if you’re:

a business person, innovator, sole representative or investor
a Turkish business person
a self-employed lawyer
applying under Tier 1 (Graduate Entrepreneur)
applying under Tier 1 (Entrepreneur)
applying for Stage 1 endorsement under Tier 1 (Exceptional Talent)
a seaman

[seasky]

I think they should focus on Tier 4 and Tier 2 visas if they are really serious about immigration. Those two routes are huge and abused far more than Tier 1 Entrepreneur. Tier 2 immigrants are taking British people jobs especially those who switch their visas in country. Even a absolute minimum Tier 1 entrepreneur immigrant is far better than other immigrants coming to this country these days and good for the UK economy. Tier 1 entrepreneur used to be abused by PSW visa holders but now PSW is gone and Tier 1 entrepreneurs has become a tiny percentage of total immigration (only about 4000 visa was granted last year). Also immigrants can use super premium service for their Tier 1 Entrepreneur (my friend used it and got his visa in two weeks) so they can get their visa very fast which should not be a problem for successful entrepreneurs with lots of money. I think current Tier 1 entrepreneur scheme is a good deal for both entrepreneurs and the UK.

I know nothing of T4/2.

I do know T1E is broken, it is not performing as intended and any serious entrepreneur thinking of setting up a startup in UK might think twice. If I had known the travel limitations during extension I might have not come for example (the abusers don't care about travel....). T1E should be a 'welcoming' visa th

I also think it is very easy to fix. Change the job criteria to double/triple min wage. Triple the maintenance clause. Allow caseworkers a lot of discretion (when they see a bureaucratic problem e.g. the major 'tragedy' that someone forgot a signature or during the 90 day maintenance an forgotten automatic payment dips it below the threshold and immediately fixes it, they disregard). Take the passports, photocopy them and return to the entrepreneur. thats it. simple.

UK should give these entrepreneurs support like done in accelerators. Access to mentors etc


[

[seasky]

Ali, here's the link: https://www.gov.uk/ukvi-premium-service ... he-service

Tier 1 Investors can apply under super premium service, but not Tier 1 Entrepreneurs.



You can’t use the premium or super premium service if you’re:

a business person, innovator, sole representative or investor
a Turkish business person
a self-employed lawyer
applying under Tier 1 (Graduate Entrepreneur)
applying under Tier 1 (Entrepreneur)
applying for Stage 1 endorsement under Tier 1 (Exceptional Talent)
a seaman

As there is a lot of stuff to check there is some logic in not access to premium. Saying that they should not revoke passports and aim for a 2 week turnaround for this ultra high value visa class (well should be high value, the UK does not need immigrants for Corner shops and take away restaurants)

[Ali272]

SM12,

I know for some reasons they don't write it on that page. Call some top legal 500 lawyers and ask them. My friend used a super premium service few months ago through his lawyer. What category are you switching from?

[Ali272]

Sorry Seasky but that's just not true. During last year there was a huge backlog from 3 years ago for PSW visa holders. HO now has become much faster to decide. They decided my application for a tech start up in a month and a half.
I have checked other countries business visas, no other country imposes those wage restrictions. I agree with you on the maintenance part, but wage restrictions is just stupid. I know you are upset about your application delays but you can always hire a lawyer if you can't even remember something as simple as signing a document. If someone can't simply gather few documents for a visa successfully, they shouldn't be on this visa anyway. Big part of modern business is about about rules and regulation. UK government would never give foreign visaholders mentoring, sorry.

[seasky]

Sorry Seasky but that's just not true. During last year there was a huge backlog from 3 years ago for PSW visa holders. HO now has become much faster to decide. They decided my application for a tech start up in a month and a half.
I have checked other countries business visas, no other country imposes those wage restrictions. I agree with you on the maintenance part, but wage restrictions is just stupid. I know you are upset about your application delays but you can always hire a lawyer if you can't even remember something as simple as signing a document. If someone can't simply gather few documents for a visa successfully, they shouldn't be on this visa anyway. Big part of modern business is about about rules and regulation. UK government would never give foreign visaholders mentoring, sorry.

UK should do what is best for it and that is attract the best to come run their startups in UK, not other startup Meccas like Silicon Valley, New York, Israel and Berlin. Young bright entrepreneurs sometimes need mentoring and that is good (I think to some extent the £50K route, which I don't know much about, you need to win a VC competition, so that is some kind of mentoring). A good startup should easily have two employees over double/triple min wage.

As far as quality if your read a lot of the input here it is clear they are low value businesses.

[Ali272]

I agree that some businesses are low values but it is still far better than most other migrant routes such as Tier 2. I think tier 1 E benefits the UK economy and UK government likes it. it is good for a economy to take out two people out of unemployment benefits. I think you should study other routes. There are far worse routes than Tier 1. Also if you read the news, they are now thinking of giving 5 year low skilled visas to eu nationals after brexit. This shows their number of priority is economy and jobs. I think 4000 people a year is not that much. UK is admitting more refugees every year than entrepreneurs. HO is on budget constraint and has PSW backlog from 3 years ago. You just applied at a very busy time. please be patient. BTW, that mac report is from 2015, they still have't done anything.

[sm12]

SM12,

I know for some reasons they don't write it on that page. Call some top legal 500 lawyers and ask them. My friend used a super premium service few months ago through his lawyer. What category are you switching from?

I am under the Tier 1 Entrepreneur category. My brother has recently hired a lawyer, so I will check with him about the availability of the super premium category for further applications.
He told my brother that it is now possible to fast-track postal applications, but unfortunately even this service is not available to Tier 1 Entrepreneur applicants.

I agree that the HO should photocopy and return the passport within a couple of weeks. Waiting for an indefinite period makes the situation difficult for business persons who need to travel abroad from time to time for work reasons. And yes, caseworkers should be given some discretion for minor issues like a document not being signed, etc. The scope of the evidential flexibility rule could be expanded.

However, the wages are bound to vary with the nature of the job and/or business. E.g. one would not pay double/triple the minimum wage for an admin role or, say, a trainee role. A huge wage bill on account of such restrictions would make it difficult for any business to succeed and compete, irrespective of whether it is a 'low-value' business like a corner shop or a 'high value' business like an accounting firm.

[zimba]

This thread has gone off topic very fast Please avoid general discussions here

The changes have not been announced for April 2017 yet, except for a previously announced change to Tier 2 General (which is an upcoming new Immigration Skills Charge from April 2017)

Also please remember that super premium service is NOT available to Tier 1E applicants for extension or ILR, I confirmed this personally by contacting the super premium team.

[seasky]

I agree that some businesses are low values but it is still far better than most other migrant routes such as Tier 2. I think tier 1 E benefits the UK economy and UK government likes it. it is good for a economy to take out two people out of unemployment benefits. I think you should study other routes. There are far worse routes than Tier 1. Also if you read the news, they are now thinking of giving 5 year low skilled visas to eu nationals after brexit. This shows their number of priority is economy and jobs. I think 4000 people a year is not that much. UK is admitting more refugees every year than entrepreneurs. HO is on budget constraint and has PSW backlog from 3 years ago. You just applied at a very busy time. please be patient. BTW, that mac report is from 2015, they still have't done anything.

I am not in the middle of any application so not sure why you keep referring to my waiting time.

Other visa routes problematic is not a reason to keep ti-e in bad shape. And A top notch engineer on t2 is more value to the UK than an immigrant opening a corner shop, having 2 employees for exactly one year (min wage of course)

You are missing the major point. While you can argue pros and cons of the UK needing immigrants to run restaurant, The low value entrepreneurs are keeping the high value ones away. I cannot in good faith recommend to entrepreneurs to come to the UK in general (I came because of the UK's strength in my particular industry, stronger than silicon valley and Israel. Berlin was an option too but I prefer english speaking)

MAC report suggested separating startup visa from corner shop visa (but leaving corner shop visa....)

I suggested an easy fix because hard for governments to adminsiter the visa. double the wage threshold...

[seasky]

However, the wages are bound to vary with the nature of the job and/or business. E.g. one would not pay double/triple the minimum wage for an admin role or, say, a trainee role. A huge wage bill on account of such restrictions would make it difficult for any business to succeed and compete, irrespective of whether it is a 'low-value' business like a corner shop or a 'high value' business like an accounting firm.

The point of the t1 ent visa is not to have more admin/trainee roles..... Said accounting firm needs, accountants who could fulfil the higher wage threshold.....

[businessmen aces]

This thread has gone off topic very fast Please avoid general discussions here

The changes have not been announced for April 2017 yet, except for a previously announced change to Tier 2 General (which is an upcoming new Immigration Skills Charge from April 2017)

Also please remember that super premium service is NOT available to Tier 1E applicants for extension or ILR, I confirmed this personally by contacting the super premium team.

So anybody who's on Tier 1 entrepreneur and wants ILR using 5 year route has to get ready to serve his prisoner of Visa (POV ) from HO for 6 -10 month there is no other way or short cut

[sm12]

However, the wages are bound to vary with the nature of the job and/or business. E.g. one would not pay double/triple the minimum wage for an admin role or, say, a trainee role. A huge wage bill on account of such restrictions would make it difficult for any business to succeed and compete, irrespective of whether it is a 'low-value' business like a corner shop or a 'high value' business like an accounting firm.

The point of the t1 ent visa is not to have more admin/trainee roles..... Said accounting firm needs, accountants who could fulfil the higher wage threshold.....

That is your opinion, not something that the HO has stated anywhere.
It is up to the Home Office to decide the purpose of this category. If they feel the need to implement such restrictions and changes, they will. Clearly, they haven't felt the need to do this so far, because the Government's focus is on lowering unemployment.

Anyway, for now, no changes have been announced, but the fee will probably rise.

[businessmen aces]

HO fee always rises but services go down

[Ali272]

I agree with SM12, nowhere in the rules and regulation, HO has stated that they prefer tech start ups. An accounting firm can grew to become the next PWC and hire tens of thousands of people. Seasky, Just checked your previous posts, You mentioned at the time of the extension, your tech start up had no revenue or profit. Unless you are a biotech company, that's extremely rare even for a tech company. Great startups like Uber, Facebook or Google were generating revenues from early days and were certainly generating some sort of revenue after 3 years. Again maybe you are operating a biotech company, so in that case it is perfectly normal.

[Amz]

I am told my an immigration specialist Lawyer that Tier 2 would be changing, the changes are proposed although they haven't been approved in the parliament as yet. The major change would be:

1. If the employer who would be sponsoring you applies for example for a 3 year initial visa, then they would have to pay the government £1000 / Per year fee and in those 3 years if the candidate decides to change the job or move on, those £3000 will be non-refundable and the New employer need to pay the government again. (It seems this change is proposed so that the employers who exploit this visa as well don't do that going forward).

2. It is known for a fact that Tier 2 General Mignrant Base salary for initial visa (salaries depend on SOC Codes) and the minimum ILR salary Increase every year. he ILR minimum salary increase between £600 - £800 every year whereas the Base salary for initial visa depends on the SOC code of the job advertised.

I am not sure of other changes.

[Ali272]

Yes AMZ. Those changes will be effective from April.

https://www.gov.uk/government/uploads/s ... harges.pdf

[seasky]

I agree with SM12, nowhere in the rules and regulation, HO has stated that they prefer tech start ups. An accounting firm can grew to become the next PWC and hire tens of thousands of people. Seasky, Just checked your previous posts, You mentioned at the time of the extension, your tech start up had no revenue or profit. Unless you are a biotech company, that's extremely rare even for a tech company. Great startups like Uber, Facebook or Google were generating revenues from early days and were certainly generating some sort of revenue after 3 years. Again maybe you are operating a biotech company, so in that case it is perfectly normal.

nowhere in the rules and regulations of course not the regulations are broken. The MAC report clearly discusses the focus on high value businesses. It does not rule out low value businesses. When the governement gets around to it in the slow way governements work it will make amendments.

If you noticed the amount of people who come on this forum and have exactly 2 employees for one year and need help calculating because short February just brings them under the threshold you know that business has no value to the UK... (or the entrepreneurs, they just want a UK visa not really be entrepreneurs. Hope even you agree that is not the point of this visa. I could also say 'none of my business' except all these losers makes it hard for the real entrepreneurs)

PS my industry the development cycle of a new product is typically 8 years. we are beating that nicely.

[Ali272]

I agree that some people took advantage of the rules (PSW people) but they have tightened the rules since 2014. In my case, I did not feel taken advantage of by corner shop visa holders. The process was very smooth and HO did a very good job. The whole visa process was easy to understand compare to other countries' business visas.
One thing I say is that all regulations have unintended consequences and have always loopholes in them no matter what. Smart lawyers, accountants and people will always find a way to take advantage of the system. This has been true from the beginning of the civilisation. I can at least think of one loophole that people who have no intention of doing business will start to use if they double the minimum wage requirement. Some people in this country make tens of millions of pounds each year and pay less than 1% in taxes. The whole system is full of loopholes and broken rules. So I don't think it makes sense to get angry and write about corner shops and abusers in every comment section. Just please write the answer if you think you know the answer.

[CR001]

Suggest members keep an eye on HO website for any updates or changes that might take place.

Topic locked due to going hopelessly off topic.