GlobalAutoTV
Click to watch Graeme Maxton -
Click to watch Graeme Maxton -
global resources
Need an office somewhere in the world? Office suites, meeting rooms, virtual offices, network access



free downloads
GLOBAL: "2014 Global R&D Funding Forecast" report

GLOBAL: "2014 Global R&D Funding Forecast" report. 36-page report by BATTELLE.

proceed to download
eJournals




back to index backGLOBALtalk December,  2014


UK Immigration Update – Changes to immigration rules

Overview

The UK Government published its statement of changes in the immigration rules. The most notable changes are summarized below, including the amendments in the following immigration categories:

- Tier 1 Investor;
- Tier 1 Entrepreneur;
- Tier 2; and
- Business visitors

The changes to the above-mentioned immigration categories will take effect from 6 November 2014 and any applications submitted by 5th November 2014 will be considered under the current rules.

Changes

Tier 1 Investor – The long anticipated change in minimum funds required to apply for a Tier 1 Investor visa is now coming into force and from 6 November 2014, the minimum investment threshold increases to £2 million.

Other significant changes to this category are:

- Removing the need to ‘top up’ investment if its market value falls below the minimum threshold.
- Removing the option to use loaned money; investors will now need to show cash funds only;
- Changing the way funds can be invested. From 6 November, investors will need to invest the full £2 million by way of UK Government bonds, share capital, or loan capital in active and trading UK registered companies. It will no longer be possible to use 25% of the funds to buy an asset or hold as cash.

No changes have been made to the prescribed method of investment. The Migration Advisory Committee (MAC) previously included recommendations in their report and it is expected that further consultations in this respect and changes may follow in due course.

Tier 1 Entrepreneur – A number of small changes are also being implemented for the Tier 1 Entrepreneur category from 6 November. These include:

- Where an individual is applying in the UK, the required money must be held in the UK;
- A requirement to show that entrepreneurs have invested their funds is being introduced for indefinite leave to remain applications, if applicants have not been required to do so in a previous application;
- A number of clarifications are being made to evidential requirements as well as definitions, such as what constitutes a new business, etc.
- Full details of the clarifications made can be found in the statement of changes

Tier 2 – Whilst there are no major changes to the Tier 2 categories, the changes will give more power to immigration officers to refuse applications if they have reasonable grounds to believe that the requirements are not met.

Genuine vacancy requirement, this applies to both Tier 2 Intracompany Transfer and Tier 2 General:

- No points will be given for Sponsorship if the job as recorded in the Certificates of Sponsorship is not a genuine vacancy;
- No points will be given for Sponsorship if the applicant is not appropriately qualified for the role;
- Tier 2 General only – no points will be given for Sponsorship if any advertisements are inappropriate for the job on offer and/or have been tailored to exclude the resident workers from being recruited.

Third party and contract workers:

- The existing requirement prohibiting hire of an applicant to fill a position with a third party and prohibiting contractors to undertake an ongoing routine work is now being included in the Immigration rules.

Tier 2 Intracompany Transfer

- Clarification is included to correct a previous drafting error to explain that time spent in the Tier 2 Intracompany Transfer category does not count towards the six-year limit on Tier 2 General when switching from the Tier 2 Intracompany Transfer category to Tier 2 General in the UK.

Tier 2 General

- Extension of the exemption from the resident labor market test for extension applications where the migrant submits the application within 28 days following expiry of current leave.

Business Visitors – Additional activities are being added to the permitted business visitors’ activities, these include:

- Allowing scientists and researchers to share knowledge, expertise, and advice on an international project which is being led by the UK, provided the visitor is paid and employed overseas, and not carrying out research in the UK; and

- Creating a provision for overseas lawyers, to advise a UK client on litigation and/or international transactions as employees of international law firms, provided they remain paid and employed overseas.

Knowledge of Life in the UK and Indefinite leave to remain – Applicants may be required to attend an interview as part of their indefinite leave to remain application.

If reasonable doubt exists, immigration decision makers may require applicants to provide additional evidence of knowledge of the English language and/or knowledge of life in the UK.

Deloitte’s view

The changes come as no surprise as the majority of Tier 1 changes have been recommended in the MAC report. The report was published in February 2014, giving potential applicants enough time to submit their applications under the current rules.

Tier 1 applicants still have two and half weeks to apply under the current rules, but from 6 November, they will need to meet the new rules, including demonstrating that they have £2 million of cash for a Tier 1 Investor visa. There could be delays in processing applications if an unexpected number of applications are submitted prior to 6 November. Applicants are advised to seek specialist advice to see if they can make their application before the rule changes.

The changes on Tier 2 should not have an effect on sponsors as they merely seem to clarify what has been an established practice previously put in place to ensure immigration compliance.

Source: Deloitte
- GAI




previous page

go top
search our site


Loading

GLOBALtalk

Other articles from the same issue (December,  2014).

Managing global compensation: the quest for compliance
play read on

How to Lead a Successful Global Team
play read on

2015 Global Recruiting Trends: LinkedIn’s 4th annual report
play read on

The Untapped Value of Overseas Experience
play read on

The Future of Management: More Agile, More Digital, More Global
play read on

Insights on the changing global workforce
play read on

US and China Extend Visas to 10 Years
play read on

"How I Manage Across Cultures and Companies" by Carlos Ghosn, Chairman and CEO, Renault-Nissan Alliance
play read on

EU sees annual growth in labor costs
play read on

US Boards Lack Global Insights
play read on

Chasing Low-Cost Labor in Mexico: Is VW Chattanooga the Last New U.S. Auto Plant?
play read on

Management Capability Index India 2014 Report
play read on

German Labor Costs Growth Accelerates In Q2
play read on

US: The United Auto Workers on the Skids?
play read on

Guide to China Market Salaries
play read on

German Government May Say 'Nein' To After Work Emails
play read on

Bridge the Gap: Rebuilding America’s Middle Skills
play read on

Canada: 'Paid to learn': Facing skills shortage, manufacturers invest in training youth
play read on

US: Some employers face higher federal unemployment taxes on Jan. 31
play read on

Indonesia Companies Need to Capitalize on Improving Employee Engagement Trends
play read on

UK Immigration Update – Changes to immigration rules
play read on

US Renews Workplace Rights Agreements with LATAM Countries
play read on

Malaysians now required to pass English to graduate
play read on

Spain: Changes to the taxation of employee share plans
play read on

China: Lessons for employers on the risks of unwritten contracts and minimizing overtime liability
play read on

Long-term Trends Reshape China's Talent Landscape
play read on

U.S.: State Minimum Wages Going Up in 2015
play read on

Latin American Travel Management Challenged By Data Deficiencies
play read on

Chinese companies in US urged to learn the employment laws
play read on

Hong Kong employers risk jail time for “blind” job ads
play read on

Managers Wanted: War for Talent Heats Up in China
play read on

Study Finds Brazil Lost US$400 Billion to Fraud
play read on

Brazil Has Created 700,000 New Jobs in 2014. One Million Are Expected Till End of Year
play read on

Latin America – Pensions: Addressing the Ticking Time Bomb
play read on

Global Skills - Skilling India
play read on

Singaporeans feel “obliged” to work long, hard hours
play read on

US: IRS initiative to test company compliance around deferred compensation plans and increased focus on employment tax compliance
play read on

China: Unilateral termination of striking employees was illegal: Employers should consider the reason for strike action before dismissing
play read on

UK: KPMG's Guide to Directors' Remuneration 2014
play read on

Why This Expat Loves Living In Singapore
play read on

Cost of Living Allowances: Strategies for Relocation Success in a Changing Environment
play read on


Our Free eJournals
GlobalAutoExperts

To visit GlobalAutoExperts Directory, click here.


©2008 GlobalAutoIndustry.com | HCI Group, Ltd.
101 West Big Beaver Road, Suite 1400 | Troy, MI 48084 USA
USA Tel: +1.248.687.1060 | USA Fax: +1.248.927.0347
Fax UK: +44.(0)845.127.4765 | Fax Europe: +31.20.524.1659 | Fax Asia: +852.3015.8120