Bad news for Tier1 (E) applicants

[Ahmed25]

Bad news for all new and those applicant who havn't got their decesion till 30 jan that Tier1 (E) policies has been changed. And it will apply on all those applicant as well whose application haven't been decided till 30 jan. All the changes are bit strange they leave everything on caseworker now.

[aziz1053]

provide reference & authenticate your post

[Napoleon77]

I think its true about the changes

http://www.ukba.homeoffice.gov.uk/sitec ... trepreneur

[moazzam7871]

yes there are news rules. but do not understand what exactly they are. Could someone pls explain. Thanks

[Napoleon77]

Changes to Tier 1 (Entrepreneur) route


30 January 2013

Today, 30 January 2013, the UK Border Agency made a number of changes to the Immigration Rules for the Tier 1 (Entrepreneur) category. The changes will take effect on 31 January 2013.

This page provides guidance for applicants on the changes, in particular those who have an undecided Tier 1 (Entrepreneur) application with the UK Border Agency and applied prior to 31 January 2013.

We will keep this page updated with the latest information.

Will you apply the new rules to my application if applied before the changes were made?

If we have not decided your application before 31 January we will consider it under the new rules.

What do I need to do now if I have a Tier 1 entrepreneur application with the UK Border Agency?

You do not need to do anything. If we need to undertake further checks, we will contact you.

I am planning to submit a T1 entrepreneur application on or after 31 January, what should I do?

You should apply as normal, the application process has not changed. You should complete the form provided on our website and ensure you provide the information specified in the Tier 1 (Entrepreneur) policy guidance.

[Ahmed25]

Well I post my comments around one month ago in "Tier 1 Entrepreneur Processing Time" that the delays are deliberate and they have something else in their mind so here we go. Now the refusal rate definitely goes high with stupid reasons.

[moazzam7871]

On 31 January 2013 the Immigration Rules changed to tackle abuse on this route, while leaving
genuine entrepreneurs unaffected. These changes will apply to all applications decided from 31
January 2013; including those who applied earlier than this date and whose applications have
yet to be decided.
The changes are:
• Where we have concerns, we may ask you to demonstrate that the funds you have used
to apply remain available to you beyond the date of your application. The full amount
of this money - which should be held in the manner specified in this guidance - must
continue to be available to you after your application is made, until it is invested in your
business in the UK. ‘Available to you’ means that the funds must be:
(1) in your own possession, or
(2) in the financial accounts of a UK incorporated business of which you are the
director, or
(3) available from the third party or parties named in your application (if applicable);
• If you are applying on or after 31 January, the declaration from your third party funds
donor must confirm that the funds will remain available to you until they are transferred
to you or to your business.
• Where we have concerns about whether you are genuinely intending to pursue a business
in the UK, we reserve the right to ask for more information and may ask you to
attend an interview. More details on the information we may request is given in the
Immigration Rules on the UK Border Agency website on www.ukba.homeoffice.gov.uk/
policyandlaw/immigrationlaw/immigrationrules/
• If you already have leave as a Tier 1 (Entrepreneur) we may curtail your leave if the
funds you have used to apply cease to be available to you (unless you have spent
them in the establishment or running of your business or businesses). ‘Spent’ excludes
spending on your own remuneration.

[moazzam7871]

What i understand is that if you keep money in your account and keep doing business as usual then you are fine.

[smaa228]

provide reference & authenticate your post

http://www.ukba.homeoffice.gov.uk/sitec ... trepreneur

[rehan01]

Bad news for all new and those applicant who havn't got their decesion till 30 jan that Tier1 (E) policies has been changed. And it will apply on all those applicant as well whose application haven't been decided till 30 jan. All the changes are bit strange they leave everything on caseworker now.

I cant see this as a BAD NEWS, As long as you are genuine candidate and have everything planned for your business and keep working accordingly than there is nothing to worry about at all, but it will definitely shut door for people who want to abuse this system.

regards

[rahulsingh1]

One question is - how will they keep checking if the money is continuously in the account during the 3 year period ?? It is not practical for them to call up the bank everyday is it ?

or am I missing something here ?

[rehan01]

One question is - how will they keep checking if the money is continuously in the account during the 3 year period ?? It is not practical for them to call up the bank everyday is it ?

or am I missing something here ?

Initially they want money to be in bank account for the time they take to decide your application (5-6 months at present) and once you got the visa after than you are fine but then at the time of extension you have to show the funds been invested.

this is what I understand.

regards

[rahulsingh1]

no it is not-

this is the last point in the brand new T1 Ent Guidance.

* - If you already have leave as a Tier 1 (Entrepreneur) we may curtail your leave if the funds you have used to apply cease to be available to you (unless you have spent them in the establishment or running of your business or businesses). ‘Spent’ excludes spending on your own remuneration.

[rehan01]

no it is not-

this is the last point in the brand new T1 Ent Guidance.

* - If you already have leave as a Tier 1 (Entrepreneur) we may curtail your leave if the funds you have used to apply cease to be available to you (unless you have spent them in the establishment or running of your business or businesses). ‘Spent’ excludes spending on your own remuneration.

I don't know but there must be something to monitor this too ... Random check from ukba asking to show the activity of business etc ???

don't know anything about it at all sorry

[AKT]

Two statements from UKBA are contradictory:

Page 3 of the following link - http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary says old rules

Implementation
The changes set out in this Statement shall take effect on 31 January 2013. With regard to
the change set out in paragraph 9 of this Statement only, if an applicant has made an
application for entry clearance or leave to remain before 31 January 2013 and the application has not been decided before that date, it will be decided in accordance with the rules in force
on 30 January 2013.

whereas first question in http://www.ukba.homeoffice.gov.uk/sitec ... trepreneur says new rules

Will you apply the new rules to my application if applied before the changes were made?

If we have not decided your application before 31 January we will consider it under the new rules.

[Ahmed25]

Bad news for all new and those applicant who havn't got their decesion till 30 jan that Tier1 (E) policies has been changed.....

I cant see this as a BAD NEWS, As long as you are genuine candidate and have everything planned for your business and keep working...

Sorry to all those who don't like the thread title. But in my view it is a bad news because nothing is really changed in the rules it remains same as it was before. But now the decision is more depend on caseworker rather than you documentry evidence. The new guidance is totally unclear most parts still carry big question marks and it can't be implemented by keeping the current application system (they asked us to use the same system). Anyway lets see what happen after two three days. I have lot to say about abusing the system as well but lets leave this debate for some other day.

[The Station Agent]

This change is sensible as it allows the caseworker some flexibility, but it doesn't really go far enough in my opinion. For me this route is very open to abuse - the UKBA now realise that because they have found cases of abuse where criminal gangs are using this route. As a gang they get the money together, 1 person applies and gets in, then they transfer the money around so the next gangmember uses the same money to apply.

The route is still open to abuse in my opinion, especially as it allows for borrowed money to be used to support the application.

[rehan01]

This change is sensible as it allows the caseworker some flexibility, but it doesn't really go far enough in my opinion. For me this route is very open to abuse - the UKBA now realise that because they have found cases of abuse where criminal gangs are using this route. As a gang they get the money together, 1 person applies and gets in, then they transfer the money around so the next gangmember uses the same money to apply.

The route is still open to abuse in my opinion, especially as it allows for borrowed money to be used to support the application.

This wont be the case anymore as they are asking to keep the funds available at all time or show the prove if invested so I think most of the abuse will be stopped as the only option people left with is to borrow money and then invest it or keep it till you are out of that route.


but I think its a positive move as UKBA received huge amount of applications before the implementation of new rules of 13 December 2013.

hope it help

regards

[rahulsingh1]

Sure- thats great to cut down on criminal gangs.

But It is still not clear what they mean by keeping the funds throughout ? or having access to funds throughout ?

If someone is already in the UK in this route and has setup business.
And part of his money he showed during the app process is still back in home country (Because lets say hes waiting for a favourable exchange rate to move it.).

But eventually he gets it after a year(during the 3 year visa period) and invests it.

Will his visa be rejected during the Extension as he did not keep the money in the UK throughout the 3 year period in the UK bank account ?

This is my interpretation and can be wrong. I hope I am wrong though.

[rehan01]

Sure- thats great to cut down on criminal gangs.

But It is still not clear what they mean by keeping the funds throughout ? or having access to funds throughout ?

If someone is already in the UK in this route and has setup business.
And part of his money he showed during the app process is still back in home country (Because lets say hes waiting for a favourable exchange rate to move it.).

But eventually he gets it after a year(during the 3 year visa period) and invests it.

Will his visa be rejected during the Extension as he did not keep the money in the UK throughout the 3 year period in the UK bank account ?

This is my interpretation and can be wrong. I hope I am wrong though.

hi Rahul Singh 1,

If funds are abroad and in foreign country than they will consider the rate effective on the date of application and I understand your point of better exchange rate as as long as UKBA concern they want that money to be in UK irrespective of rate.

regards

[waqasashra1]

Ukba new rule mean.

I f u already have granted visa as t 1 entrp. and u have not spent ur mony into business . They may cancel your visa into thier system any time they can check your progress into business that you have establish

[therock]

Ukba new rule mean.

I f u already have granted visa as t 1 entrp. and u have not spent ur mony into business withen 6 mnths . They may cancel your visa into thier system any time they can check your progress into business that you have establish

Mr Judge, what is the proof for this? They never said 6 months!

[waqasashra1]

If you already have leave as a Tier 1 (Entrepreneur) we may curtail your leave if the
funds you have used to apply cease to be available to you (unless you have spent
them in the establishment or running of your business or businesses). ‘Spent’ excludes
spending on your own remuneration.

[RizKCB]

What could be the procedure to Watch Over the investments in business during 3 years of visa time????? Not cleared yet.

Firstly to get visa... Anything else would be next to it

[rehan01]

What could be the procedure to Watch Over the investments in business during 3 years of visa time????? Not cleared yet.

Firstly to get visa... Anything else would be next to it

Don't knw yet like you said not cleared yet so wait for the next move ... I think there will be some sort or restriction to inform HO that funds are transferred from abroad and provide proof etc but not sure or may be they grant visa for 6 months and ask to apply for extension to show the money is transferred or available to invest etc .... could be anything really but I guess it will be cleared in few days.

regards