New Changes in UK Immigration Law

The UK government announce changes to the student visa system (23 March 2011)

In December 2010, the UK Government launched a consultation on the improvement of the student immigration system.They announced on the 22 March,major changes to the student visa system based on the results of the consultation.The main changes are as follows:

• From April 2012, any institution wanting to sponsor students will need to be classed as a Highly Trusted sponsor, and will need to become accredited by a statutory education inspection body by the end of 2012. The current system does not require this, and has allowed too many poor-quality colleges to become sponsors.
• Students coming to study at degree level will need to speak English at an 'upper intermediate' (B2) level, rather than the current 'lower intermediate' (B1) requirement.
• UK Border Agency staff will be able to refuse entry to students who cannot speak English without an interpreter, and who therefore clearly do not meet the minimum standard.
  Students at universities and publicly funded further education colleges will retain their current work rights, but all other students will have no right to work. We will place restrictions on work placements in courses outside universities.
• Only postgraduate students at universities and government-sponsored students will be able to bring their dependants. At the moment, all students on longer courses can bring their dependants.
• We will limit the overall time that can be spent on a student visa to 3 years at lower levels (as it is now) and 5 years at higher levels. At present, there is no time limit for study at or above degree level.
• We will close the Tier 1 (Post-study work) route, which allows students 2 years to seek employment after their course ends.
• Only graduates who have an offer of a skilled job from a sponsoring employer under Tier 2 of the points-based system will be able to stay to work.

The government has committed to reforming all routes of entry to the UK in order to bring immigration levels under control. The student changes will work alongside the annual limit on economic migration, and reforms to family and settlement routes planned for later this year.

New visa rules for Entrepreneurs and Investors

The UK Government recently announced new visa rules for Entrepreneurs and Investors. Under the new rules, those who come to the UK and invest large sums of money will be given the right to settle permanently in the UK faster.

Entrepreneurs will also be able to settle in the UK more quickly if they create ten jobs or a financial turnover of £5 million (GBP) in a three year period.

It was also announced on the 16 March, that a new visit visa will be created for prospective entrepreneurs.Further details will be released when this visa is available.

The UK Government has also published a statement of intent outlining how the new ‘exceptional talent’ route under Tier 1 of the Points-based system will operate from April this year.

Foreign entrepreneurs and investors are being given an extra incentive to come to the UK today by new visa rules, which will reward those who contribute to economic growth.

Under changes to the Immigration Rules, which were laid in Parliament today, people who come to the UK under Tier 1 (Investor) of the points-based system will be able to settle here faster if they invest large sums of money.

Those who invest £5 million will be allowed to settle here after 3 years, and those investing £10 million or more will be allowed to settle after 2 years. This compares with the current minimum 5-year requirement.

The right to accelerated settlement will apply to those investors who are already in the UK and have invested large sums, as well as new arrivals.

Tier 1 (Entrepreneur) migrants will also be able to settle in the UK more quickly if they create 10 jobs or turn over £5 million in a 3-year period.

Immigration Minister Damian Green said:

Today I have sent out a clear message - the UK remains open for business and we want those who have the most to offer to come and settle here.

'Entrepreneurs and investors can play a major part in our economic recovery, and I want to do everything I can to ensure that Britain remains an attractive destination for them.

'Last year we issued far too few visas to those who wish to set up a business or invest in the UK - I intend to change that.'

The standard investment threshold for an entrepreneur to qualify for a Tier 1 visa will remain at £200,000, but the government will allow high-potential businesses to come to the UK with £50,000 in funding from a reputable organisation.And entrepreneurs will be allowed to enter the UK with their business partners as long as they have access to joint funds.

Major investors will also enjoy more flexibility: they will be allowed to spend up to 180 days per year, rather than 90, outside the UK without affecting their right to settle here. This addresses a major concern cited by investors, as they need to be constantly mobile.

Additionally, a new type of visitor visa will be created for prospective entrepreneurs. They will be allowed to enter the UK so that they can secure funding and make arrangements for starting their business before they transfer to a full Tier 1 (Entrepreneur) visa while they are here.