Statement of Changes of Immigration Rules- 14 May 2020
The following changes are due to take effect on 4th June 2020
Changes to Start Up and Innovator visa
- Changes are being made to make it clearer that, to be endorsed, applicants must be founders of their businesses and be relying on their own business plans. Further clarification was also made that an Innovator applicant’s business may be already trading, providing they were one of its founders.
- The decision-maker can now make a further request for information or evidence from applicants or their endorsing bodies if they have concerns that an endorsement has been issued inappropriately, and to refuse applications if they are not satisfied the endorsement criteria have been met.
- The “viability” criteria are being amended to also require that a business plan must be realistic and achievable based on the applicant’s available resources.
- Applicants may change business venture, providing that their endorsing body is satisfied that the new venture meets all of the criteria for endorsement. The applicant does not need to obtain a fresh endorsement or make a fresh application.
- If an applicant has changed business venture in the above way, it will not prevent them from applying under the “same business” criteria in their next Innovator application. This is particularly important for applicants switching from Start-up to Innovator, as they would otherwise need to meet the £50,000 funding threshold for “new business” applications.
- Changes are being made to the criteria for becoming endorsing bodies in both categories. The criteria for Start-up and Innovator endorsing bodies are being made consistent, the main effect of which is to enable Higher Education Providers to become Innovator endorsing bodies
Appendix W – All categories
Students who are currently studying in the UK and is sponsored by a government or international scholarship agency must now obtain written consent from the relevant organisation.
Applicants who already hold leave under Tier 1 (Exceptional Talent) who want to extend their stay must apply under the extension requirements for the Global Talent category. Several other technical changes were made on the application procedure.
A representative of an Overseas Business
The following changes are being made in this category:
- An amendment is being made to prevent an overseas business sending a representative to facilitate entry to the UK when there is no genuine intention for them to establish a branch or subsidiary in the UK;
- Clarification is being added to reflect that overseas business must be active and trading and intend to maintain their principal place of business outside the UK;
- Applicants must have the skills, experience, knowledge and authority to represent the overseas business in the UK;
- Further clarification regarding the applicant’s status as a senior employee and cannot engage in their own business or represent any other business in the UK;
- Ownership of the overseas business is not limited to the business that issues shares;
- Prevention is being put in placed to prevent majority owners from entering as a dependent spouse, civil partner, unmarried or same-sex partner of a representative of their own business. This is to prevent owners from circumventing the rules intended to prevent them from relocating their business to the UK under this route
- For extension application, the branch or subsidiary must have been established in the UK and not overseas;
Changes to the EU Settlement Scheme (EUSS)
Some changes are being made to the Immigration Rules for the EU Settlement Scheme (EUSS), contained in Appendix EU.
The main changes in respect to the EUSS and the EUSS family permit and travel permit are as follows:
- Eligible family members of the people of Northern Ireland will be able to apply for UK immigration status, under the EUSS, on the same terms as the family members of Irish citizens in the UK. This immigration status will be available to the family members of all the people of Northern Ireland, no matter whether the person of Northern Ireland holds British or Irish citizenship or both, and no matter how they identify;
- To extend the scope for victims of domestic violence or abuse to apply for status under the EUSS
- To provide scope, consistent with the Free Movement Directive, for children and other family members, as well as their spouse or civil partner, to have continued right of residence in particular circumstances following the legal termination of the marriage of a relevant EEA citizen
- To provide scope for a family member applying under the EUSS or for a EUSS family permit, where this is necessary for deciding whether they meet the eligibility requirements, to be required to provide a certified English translation of (or a Multilingual Standard Form to accompany) a document submitted as required evidence of the family relationship (or as certain required evidence of qualification for a EUSS family permit) on which their application relies
- EUSS application made on a paper application form to be submitted by email rather than by post where a Home Office email address is specified on the form; and
- Clarifying the circumstances in which a continuous qualifying period of residence on which an applicant relies for their eligibility for status under the EUSS does not have to be continuing at the date of application.