Employment law update – March 2019
employment | 14.03.2019
The UK is a popular choice for people wishing to live, work and invest in a new country. There are many different routes to working here, including a range of visas for:
If you have secured a firm job offer from a licensed UK sponsor, have a valid Certificate of Sponsorship and meet the skills criteria, you can come to the UK for five years using UK Tier 2 of the Points Based System. After five years in the UK you can apply for settlement.
The Tier 2 General category includes a range of occupations, such as IT, accountancy, teaching, or healthcare. There are strict criteria for employers to fulfil in relation to salary, skill level and in some cases advertising the job requirements.
Tier 2 is also open to employees of multinational companies being transferred to an overseas business’s UK branch; missionaries and ministers of religion, and elite sportspeople and coaches recognised or endorsed by their sport’s governing body.
Tier 5 includes charity workers, entertainers, diplomatic staff, sportspeople, religious ministers, approved government authorised exchange scheme and job roles that fall under the General Agreement on Trade in Services (GATS) and similar agreements.
If you are a national of Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea or Taiwan, you can apply for a Tier 5 Youth Mobility Scheme visa. You must be aged 18 to 30.
Citizens of Hong Kong and the Republic of Korea must get a Certificate of Sponsorship before applying. This visa is valid for up to 2 years.
If you are a Commonwealth citizen and can show you have a grandparent born in the UK, you may be eligible for an Ancestry visa. Your relationship with your grandparent includes adoption and birth, but not step-parents.
You need to able to work and planning to work in the UK, and meet certain other eligibility requirements.
If you have been endorsed as a recognised or emerging leader in the field of science, humanities, engineering, medicine, digital technology or the arts, you can apply for a Tier 1 Exceptional Talent visa. You must be from outside the European Economic Area (EEA) and Switzerland.
There is a two stage application process. First, you must make an application to the Home Office for an endorsement. Once this has been granted you can apply for the visa. Places available under this visa category `are limited to 2000 each year, with 1000 places released on 6 April and the remaining 1000 on 1 October.
The Tier 1 Entrepreneur Visa is designed to encourage investment in new or existing UK businesses from high net worth individuals abroad. You can apply for a Tier 1 Entrepreneur visa if you want to set up or take over running a business in the UK, from outside the European Economic Area (EEA) or Switzerland and have at least £50,000 to invest. You will need to be actively involved in running your business in the UK.
The minimum £50,000 investment must come from UK entrepreneurial seed funding endorsed by the Department for International Trade (DIT), a venture capital firm registered with the Financial Conduct Authority (FCA) or a UK government department.
The £200,000 investment can come from your own funds or from a third party such as a spouse, partner or investor. Again, you can also apply if you’ve already invested £200,000 in a UK business less than 12 months before you apply. It’s also possible to apply as an entrepreneurial team with another Tier 1 Entrepreneur applicant, if you both have equal control of the funds.
A Tier 1 Entrepreneur Visa lasts for three years and four months. You can apply to extend it and also apply for settlement (indefinite leave to remain) once you’ve been in the UK for five years. Your spouse or civil partner and children under the age of 18 years can apply as your dependants.
Your application will be assessed under the Points-Based system (PBS). The eligibility requirements are complex and very rigorously checked. With around 50% of initial applications and extensions being refused, this visa route has the highest refusal rate outside of the asylum category.
This, added to the lack of appeal rights for unsuccessful applications, means it is crucial that your visa is approved the first time you apply. Many applications are refused because of a failure to meet the ‘Genuine Entrepreneur Test’ requirements, even when the applicant has met all the other criteria.
Our experience and expertise can help ensure you are fully briefed about all the eligibility criteria and your application reflects the genuineness of your case. We will help you prepare all the required documentation, including the business plan which is a crucial aspect of the ‘genuineness test’.
Although the government’s requirements and checks are exacting, our in-depth knowledge of them and the attention to detail we apply in ensuring you satisfy them, will help your application proceed smoothly. We have a proven track record in helping businesses start up or relocate to the UK, so your first step should be to talk to us and benefit from our personalised immigration advice.
We will explain the advantages and disadvantages of each entry route, and clarify which one is appropriate for you. We’ll help you understand the eligibility requirements and make sure you can meet them.
By listening to you and understanding your long-term goals, we can work with you to secure a visa that will allow you to work and ultimately settle in the UK. We’ll guide you through the application process, helping you avoid anything which might jeopardise its success and resolving any difficulties that might occur along the away.
Above all, we’ll take a positive and constructive approach to helping you realise your ambitions to live and work in the UK.
employment | 14.03.2019
employment | 19.12.2018