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Changes to Tier-1 Entrepreneur Visa not yet in force

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Adesai101
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Changes to Tier-1 Entrepreneur Visa not yet in force

Post by Adesai101 » Tue Mar 19, 2019 4:51 am

Hello All

In my opinion, Changes to Tier-1 Entrepreneur Visa not yet in force were merely presented to Parliament for vote on March 07. The parliament has to vote to approve within 40 days as per section 3(2) of the Immigration Act 1971, reproduced below:

(2)The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).

If a statement laid before either House of Parliament under this subsection is disapproved by a resolution of that House passed within the period of forty days beginning with the date of laying (and exclusive of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), then the Secretary of State shall as soon as may be make such changes or further changes in the rules as appear to him to be required in the circumstances, so that the statement of those changes be laid before Parliament at latest by the end of the period of forty days beginning with the date of the resolution (but exclusive as aforesaid).

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mohamedlasheen
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Re: Changes to Tier-1 Entrepreneur Visa not yet in force

Post by mohamedlasheen » Tue Mar 19, 2019 2:06 pm

what does that mean? are you saying the the laws will not be changed on 29 March 2019?

Adesai101
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Re: Changes to Tier-1 Entrepreneur Visa not yet in force

Post by Adesai101 » Tue Mar 19, 2019 3:41 pm

Law will change if the Parliament passes the Bill...It goes into recess April 4th.

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CR001
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Re: Changes to Tier-1 Entrepreneur Visa not yet in force

Post by CR001 » Tue Mar 19, 2019 3:50 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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zimba
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Re: Changes to Tier-1 Entrepreneur Visa not yet in force

Post by zimba » Tue Mar 19, 2019 4:01 pm

The law does not change but immigration rules will. Parliament does not in most cases block rule changes unless they are unlawful. There is no need for a parliamentary approval as this is not a change in law but change in rules delegated by administrative law to the secretary of state. Simply put, it is left to the Home Office to change the rules as they see fit as long as it is lawful.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Adesai101
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Re: Changes to Tier-1 Entrepreneur Visa not yet in force

Post by Adesai101 » Tue Mar 19, 2019 4:44 pm

Be that as it may, Parliament still needs to pass the 300 page document that includes rule changes linked to EU resident status and Brexit issues....

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zimba
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Re: Changes to Tier-1 Entrepreneur Visa not yet in force

Post by zimba » Tue Mar 19, 2019 5:37 pm

Adesai101 wrote:
Tue Mar 19, 2019 4:44 pm
Be that as it may, Parliament still needs to pass the 300 page document that includes rule changes linked to EU resident status and Brexit issues....
Tier 1E rule changes will not be affected or stalled by Brexit delay or EU resident related issued as those changes unlike Tier 1E, require modifications in the existing law !
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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