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Tier 1 ILR and paragraph 322(5) of the Immigration Rules

The case of R (Khan) v SSHD (Dishonesty, Tax Return, Paragraph 322(5)) [2018] UKUT 384 (IAC) (3 May 2018) is worth to have a look at. It set out principles that Secretary of State failed to consider when deciding on applications made by Tier 1 migrants. In Royal Brunei Airlines v Tan [1995] UKPC 4 Lord Nicholls said that "carelessness is not dishonesty" and thus the refusal was arguably irrational and unlawful. The Supreme Court approved of this statement in Ivey v Genting Casino [2017] UKSC 67. The Tribunal noted that in response to the applicant's reliance on the decision in Sagar Arun Samant [2017] UKAITUR JR65462016 (discussed here), the Home Office produced a list of cases where applicants had "jumped on the band wagon" but the Tribunal had rejected any evidence blaming the accountants. Very clear examples of this point were found in Kamal [2017] UKAITUR JR114172016, Parveen and Saleem [2017] UKAITUR JR94402016 and other cases.

Tier 1 changes and other planned changes

New Statement of Changes on the Immigration Rules being planned in December 2018, which should be implemented post Jan 2019. Some of the key points to take from the announcement is as follows: The Tier 1 Investor route is likely to be suspended, so that new changes can be planned by UKVI. The current policy and rules on the Tier 1 Investor route can be found here: https://icslegal.com/tier1-investors.php. Our understanding following the Immigration Minister's statement is that the Tier 1 Investor route is currently being used by organised crime and money laundering. The current Tier 1 Entrepreneur visa is being replaced with the new "Innovator" route, which would bring forward new changes and requirements for those seeking to set up or buy a UK based business. Nokes' full written statement to the Commons is below: "My rt hon Friend, the Home Secretary, will shortly be laying before the House a Statement of Changes in Immigration Rules. "The Government is clear that entrepreneurs play a key role in creating jobs and driving economic growth, which is vital to the prosperity of the UK. In June of this year, we announced a new Start-up visa route. This will build upon the successes...

Tier 1 (Entrepreneur) visa

  A Tier 1 (Entrepreneur) visa is a necessary visa for anyone wishing to set up a business in the UK. Below is the necessary information for those thinking of applying for such a visa and entering the UK in such circumstances. Eligibility You are able to apply for a Tier 1 (Entrepreneur) visa if you meet the following requirements provided by the Home Office; Would like to run a business in the UK and live outside the European Economic area (EEA) including Switzerland. You must also meet the additional requirements requested by the Home Office. This includes having funds of at least £50,000 for investment. The funds must also be held in one or more regulated financial institutions. Also, the funds must be free to spend on business in the UK, disposable. The Home Office also requires the applicant to meet the English Language requirement, which could be met through various ways. These include passing an approved test on the English language and having a qualification kin academics taught in the English language. Note that members of certain countries are exempt from a language test and will not have to prove their knowledge of the English language. These countries...

Changes relating to Tier 1 of the Points-Based System

Tier 1 of the Points-Based System caters for high value migrants, and currently consists of four active categories: Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Graduate Entrepreneur). It also includes the Tier 1 (General) category, which was closed to new applicants in April 2011 but remains open for settlement applications. Tier 1 (Entrepreneur) The Tier 1 (Entrepreneur) category caters for applicants coming to the UK to set up, take over, or be involved in the running of a business in the UK. The following technical changes are being made to this category to clarify various evidential requirements and to correct minor drafting errors: An amendment to provide a clearer definition of “invested” funds; Removing references to HM Revenue & Customs documentation which has been discontinued in light of self-assessment of self-employed earnings; Clarifying the evidential requirements for applicants who have invested in a Limited Liability Partnership; Revising the specified evidence required to demonstrate that an entrepreneur’s employee has settled status in the UK (to satisfy the requirement for the applicant to create jobs for settled workers); Clarifying the specified evidence on job creation, so that an applicant can provide confirmation from an accountant that...