Changes relating to Tier 1 of the Points-Based System - ICS Legal Blog

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Changes relating to Tier 1 of the Points-Based System

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 minor technical changes are being made to this category to clarify various evidential requirements and to correct minor drafting errors:

  1. An amendment to clarify that applicants supplying third party evidence do not need to meet the requirement for their bank statements to cover a consecutive 90-day period of time.
  2. An amendment to make clear that applicants who are also accountants cannot sign-off their own accounts and/or funding evidence. Making a provision to allow applicants with funding from an endorsed Seed Funding Competition to provide a letter from an authorised official of the fund as confirmation that money is being made available for investment (rather than a letter from an accountant as at present).
  3. This brings the provision for funding from endorsed Seed Funding Competitions into line with the provisions for funding from UK and Devolved Government Departments.
  4. A clarification that the company‟s register of members must come from Companies House. In response to queries from external stakeholders, minor clarifications are being made to existing Immigration Rules around job creation and evidence to demonstrate Pay As You Earn (PAYE) reporting to HM Revenue and Customs (HMRC).

Tier 1 (Exceptional Talent)

The Tier 1 (Exceptional Talent) category is for talented individuals in the fields of science, humanities, engineering, the arts and digital technology to work in the UK without the need to be sponsored for employment in a specific post. The following minor technical changes are being made to this category:

  1. It has been agreed with the Isle of Man Government that the UK Designated Competent Bodies will consider endorsement applications for this category in the Isle of Man. An amendment is being made to specify that the Tier 1 (Exceptional Talent) limit of 1,000 places includes applicants who successfully apply under the equivalent Tier 1 (Exceptional Talent) route in the Isle of Man.
  2. An amendment which clarifies that evidence originating from the Isle of Man will be acceptable for the purposes of obtaining an endorsement from a Designated Competent Body under these Rules.
  3. The list of acceptable awards within the film, television, animation, postproduction and visual effects industry, for endorsement under the Arts Council England criteria, has been updated.