In these unprecedented times, Innovator and Start-Up applicants might find themselves in the situation, where they may experience difficulties fulfilling their business plans and maintaining contact with their endorsing bodies.

The Home Office has been prompt in addressing the issues surrounding Innovator and Start-Up migrants may face due to the Coronavirus outbreak:

1. Individuals who have not yet been endorsed

Endorsing bodies may still issue endorsements. If prospective applicants are outside the UK, the endorsing bodies should ask them whether they are able to make a visa application and to travel. The endorsing bodies should also consider with all applicants whether they are likely to be able to start developing their business in the UK under the current situation. If not, they should consider delaying the applicants’ endorsements until a later date.

2. Individuals who have been endorsed but have not yet applied for a visa

Endorsement letters are valid for 3 months. If an individual is unable to make a visa application within this timeframe, the endorsing bodies will need to issue them with a new endorsement (using a new secure reference number) before they can apply. The endorsing bodies should have a discussion with the applicants (as set out above) before they do so.

3. Individuals who have applied for a visa but are unable to travel

Individuals should refer to the Coronavirus (COVID-19) immigration guidance on gov.uk website for the latest information.

4. Individuals who are due to have a checkpoint with their endorsing body

Endorsing bodies should maintain contact checkpoints with the individuals they have endorsed wherever possible. It is not necessary for these to be face-to-face. The Home Office encourage endorsing bodies to arrange checkpoints via telephone or video conferencing. It is important for applicants to know that they continue to have the support of their endorsing bodies. The endorsing bodies should make allowances for the current situation when considering the applicants’ progress against their business plans and where possible, discuss future contingencies. The endorsing bodies must notify the Home Office if an applicant misses a checkpoint without their authorisation.

5. Individuals who need to apply to extend their stay

The endorsing bodies should continue issuing endorsements as normal to individuals who are in the UK, whose visas are expiring and who wish to apply to switch into the Start-Up or Innovator categories or to extend their stay in the Innovator category. For those applying to switch from Start-up to Innovator or to extend their Innovator visa, as with the checkpoint guidance above, the endorsing bodies should make allowances for the current situation when considering the applicants’ progress against their business plans and where possible, discuss future contingencies.

At Chan Neill Solicitors we continue assisting clients with their Immigration enquiries. If you are concerned about your current visa or about your prospective visa application, please do not hesitate to contact our Immigration team.

On 6 April 2020 the Home Office published a new version of a “Tier 2 and 5 of the point-based system: guidance for sponsors”, wherein they have provided the guidance for employers who wish to apply for a Sponsorship License to sponsor migrant workers under the new point-based immigration system that will come into effect from 1 January 2021.

There will be a single immigration system in place for EU and non-EU citizens once the freedom of movement with the EU has ended on 1 January 2021. As such, in order for EU and non-EU nationals to work in the UK legally, they would be required to obtain a valid visa under skilled worker route which will replace Tier 2 (General) visa route. The job on offer will need to be at level 3 or above of the Regulated Qualifications Framework (“RQF”) or equivalent level in Wales or Scotland. This level is approximately equivalent to A-level standard. The minimum salary threshold will be reduced from £30,000 to £25,600 (lower salary level may apply for “new entrants”). The ability to speak English will be a mandatory requirement. According to the Home Office, the applicant would be able to “trade” certain characteristics against the salary that they would otherwise be required to earn in relation to the job on offer.

Those UK based companies, who do not currently hold the Sponsorship License but intend to sponsor migrant workers post 1 January 2021, can apply for one as of now. It is important to note that Licensed sponsors would not be able to assign a Certificate of Sponsorship (“COS”) to a migrant worker at RQF level 5 or below until 1st of January 2021. The Home Office intends to start accepting applications under the new point-based system from Autumn 2020.

Should you require any assistance with the Sponsorship License application, or you require legal advice, please do not hesitate to contact our Immigration team.

If you have a temporary visa that allows you to live in the United Kingdom, it may include the “no recourse to public funds” condition. This means that you are not able to claim most benefits that are paid by the UK Government.

On 23 April 2020, the UK Government published guidance outlining the support available to migrants with “no recourse to public funds”. This article summarises the support offered by the state.

If you currently hold a UK family or private life visa, you can make a “Change of Conditions” application to access UK public funds if:

- You are destitute or at risk of destitution;

- Your child’s welfare is at risk due to low income;

- You are in other exceptional financial circumstances.

When considering making such an application, you ought be aware of the fact that removing “no recourse to public funds” condition would not only place you on the 10 years’ route towards settlement in the UK, but also, if you manage to change it back to 5 years’ route towards settlement, your clock will start from 0.

If you need a medical treatment in the UK (including being tested for the virus and result comes back negative), you will not have to pay for diagnosis of treatment of coronavirus (COVID-19). If you have a medical condition that makes you vulnerable to coronavirus, you can get help, such as deliveries of medication and food.

If you are employed in the UK, you may be able to access:

- Statutory Sick Pay;

- Contributory Employment and Support Allowance;

- Support provided to employers through the Coronavirus Job Retention Scheme.

If you are registered as self-employed, you may be able to apply for a grant through the Coronavirus Self-employment Income Support Scheme.

If you cannot afford rent, the landlord cannot initiate all eviction and possession proceedings, which have now been suspended for 90 days from 27 March 2020. Mortgage lenders offer repayment holidays of 3 months if you are in financial difficulty due to COVID-19 and cannot afford mortgage payments.

Asylum seekers may be able to get housing and money to support themselves and their family members while waiting to find out if they would be granted asylum.

If you are concerned about your immigration status in the United Kingdom, please do not hesitate to contact our Immigration Team for guidance.

In order to sponsor a non-UK/EU national, a UK based company must apply for the Sponsorship Licence. When applying for the Sponsorship Licence, appointed by the company Authorising Officer is required to complete the online application form and supply specified documents to prove that the company is suitable and eligible to undertake its duties and obligations as a Licensed sponsor.

Before the Home Office reaches a decision on the License application, a Home Office Compliance Officer might visit the company’s business premises with a pre-license assessment visit. The visit can be either announced, whereas the Compliance Officer will be in touch with the appointed Authorising Officer via email to agree on the date, time and the location of the visit, or unannounced, where the Compliance Officer turns up at the address specified by the Authorising Officer on the License application form.

The aim of the Compliance Visit is to check:

- that the prospective sponsor has the necessary human resources system in place to carry out their duties if the License is granted;

- that the number of migrants the company wants to sponsor is appropriate to the company’s size and business nature;

- whether there is any evidence to suggest that the prospective sponsor will pose a threat to immigration control;

- any areas of concern that have been identified by the Home Office that require further inspection;

- whether the prospective sponsor can offer genuine employment.

It should be noted that the Compliance Officer that visits the company’s business premises is not the caseworker who makes the final decision on the Sponsorship License application. The Compliance Officer merely gathers the relevant information and the documents, and then prepares a final report which is sent to the caseworker for consideration.

The interview usually lasts at least 2 hours, whereby the Compliance Officer explores topic areas, rather than asking a series of questions. The follow up questions depend on the answers provided by an interviewee; hence, it is imperative that the answers are well thought out and to the point.

In order to be well-prepared for the Compliance visit, it is advisable that the sponsors (prospective and current) read the relevant Home Office policy guidance and seek a legal advice (if necessary), or even consult with an immigration specialist to conduct a mock visit.

At the start of the pre-License interview, the Compliance Office would show their ID, would ask to see the ID of the interviewee and explain the purpose of the visit. Thereafter, the interviewee would be asked a series of questions to establish the company’s genuine trading presence in the UK, such as what is the nature of business, who are the directors/owners, when the business was established and what position(s) are vacant.

There are four main areas that are being assessed in the course of the visit:

- Monitoring Immigration Status and Preventing Illegal Working;

- Maintaining Migrant Contact Details;

- Record Keeping & Recruitment Practices;

- Migrant Tracking & Monitoring;

- General Sponsor Duties.

The Compliance Officer explores each area by asking area-related questions and requesting to see evidence. At the end of the interview, the interviewee will be given a chance to add any information that they deem necessary.

The decision on the pre-license Compliance Visit is made usually within 2-4 weeks from the date of the visit. If the application is refused, the company may ask for a review.

Should you require any assistance with the Sponsorship License application, or should you require a mock Compliance Visit, please do not hesitate to contact our immigration team.

On 25 March 2020 the Home Office published response to the Law Commission’s report and recommendations on simplification of the UK Immigration Rules. The response and recommendations are set out on 49 pages of the guidance. The Home Office’s aim is for the new consolidated and simplified Rules to be in force from January 2021.

The UK Government has realised that for far too long users have struggled to understand the confusing and complex Immigration Rules. I, personally, have heard many times from the prospective and existing Licensed sponsors that they struggle to navigate the Rules and find relevant information in the complex Home Office Policy Guidance. This is the most welcome news that the UK Immigration Rules will be consolidated and simplified, restructured so that they are easy to use and understand and will be drafted in plain English.

It is imperative that the new, simplified Rules are suitable for the non-expert users. It is also welcome that the Simplification of the Immigration Rules Review Committee will seek to maximise the benefits of tech technology to prove the Immigration Requirements.

At Chan Neill Solicitors our ultimate goal is to help Licensed sponsors and migrants to navigate the comprehensive Immigration Rules and Home Office Policy Guidance. Should you have any questions regarding your UK visa situation or regarding sponsorship of migrant workers, please do not hesitate to contact our Immigration Team.

On 7 March 2019, the Home Office published a new Statement of Changes, setting out new requirements, which will be incorporated into the consolidated version of the Immigration Rules over the period from 29 March 2019 until 1 August 2019.

Changes as of 29 March 2019

• Minor changes have been introduced to the definitions of “Employment as a Doctor in Training” and a “Professional sportsperson”

• Definitions of “Start-up migrant” and “Innovator” have been included in the “Introduction” part of the Rules

• Immigration requirements for leave to enter and remain or indefinite leave to remain in the UK for family members of Appendix W “Workers” will be added to Part 8 of the Rules

• Definition of “Prospective Entrepreneur” in Appendix V of the Immigration Rules will be changed. A visitor, who can show support from one or more endorsing bodies for the Start-Up or Innovator visa, would be able to enter the UK to secure funding from any legitimate source

• Appendix W will be inserted into the consolidated version of the Immigration Rules setting out the Immigration Requirements for the Start-up and Innovator visa categories. The changes to this Appendix will take place on 1 August 2019

Tier 1 (Entrepreneur) visa category

• Tier 1 (Entrepreneur) visa category will be closed to new applicants as of 29 March 2019. Those, who have a Tier 1 (Entrepreneur) visa, or have had leave under this visa category in the 12 months immediately before the date of application, may still apply for extension and/or settlement in the UK under this visa route

• Applicants will be allowed to extend their visa under the Tier 1 (Entrepreneur) Scheme if last been granted leave as a Tier 1 (Entrepreneur), a Tier 1 (Graduate Entrepreneur) or a Start-up migrant (having previously held leave as a Tier 1 (Graduate Entrepreneur) Migrant)

• Those applicants, who have entry clearance, leave to enter or remain as a Tier 1 (Graduate Entrepreneur) or a Start-up migrant, or have had such leave in the 12 months immediately before the date of application, would be required to show that they have at least £50,000 available to them or their business or have invested the funds in their business due to their activity

• Money made available from venture capital firms would no longer be accepted for the purpose of initial applications made under the Tier 1 (Entrepreneur) visa route

Tier 1 Investor visa category

• Changes are being made to Tier 1 (Investor) visa category to clarify that if the applicant has or has had leave as a Tier 1 (Investor) Migrant in the 12 months’ period immediately before the date of application, an entry clearance visa would be granted for a period of 2 years. In all other cases, an entry clearance visa application would be granted for a 3 years’ period

• Tier 1 (Investor) applicants, who were granted a visa under this route before 6 November 2014, would be able to rely on existing investments when submitting their extension applications before 6 April 2020 and when submitting their indefinite leave to remain applications before 6 April 2022

• Tier 1 (Investor) applicants, who submit their visa applications under this route after 29 March 2019 or the date of extension application is on or after 6 April 2023 or the date of settlement application is on or after 6 April 2025, would not be awarded points for investments in UK Government Bonds

• The banks would be required to carry out required due diligence checks and Know Your Customer enquiries in relation to each Tier 1 (Investor) applicant

• Under the Tier 1 (Investor) visa route, the 90 consecutive days’ requirement for money to be held under the applicant’s control is being extended to a 2 years’ period

• Under the Tier 1 (Investor) visa route qualifying investments can include pooled investments vehicles, if such vehicles receive funding from a UK or devoted government department or one of its agencies, and the applicant provides a letter from a financial institution regulated by the Financial Conduct Authority to confirm this

• Tier 1 (Investor) applicants, who submit their initial applications after 29 March 2019, and invest in active and trading UK registered companies, must ensure that such active and trading UK companies are registered with the Companies House, HMRC for corporation tax and PAYE, have accounts and a UK business bank account and have at least two UK-based employees who are not its directors

• Clarification is being made to confirm that “price of the investments” means the price the Tier 1 (Investor) applicant paid for the investments, not the face value

Changes as of 30 March 2019

• An entry clearance visa application granted under Appendix EU (Family Permit) may be revoked if an applicant is subject to an exclusion order, an exclusion decision or an Islands exclusion decision as defined in that Appendix

• In line with the changes to paragraph 34QA, under Appendix AR (EU) an application for an Administrative Review may be made from either inside or outside the UK

• General grounds for refusal set out in Part 9 of the Immigration Rules will not apply to applications made under Appendix EU or Appendix EU (Family Permit), except, if the United Kingdom leaves the European Union with a “no-deal” scenario, then, some of the paragraphs of Part 9 of the Rules would apply to migrants, who commit an offence after 29 March 2019

• Changes are being made to Appendix A “Attributes” to clarify how points for an allocation of a restricted COS certificate will be calculated

• The Immigration Requirements set out in paragraph EU2 of Appendix EU will come into force on 30 March 2019

• Appendix EU (Family Permit) will be inserted into the consolidated version of the Immigration Rules on 30 March 2019 (with two exceptions)

• Appropriate salary rates set out in Appendix J in the codes of practice of the Immigration Rules have been revised. New salary rates will come into force on 30 March 2019

Tier 1 (Exceptional Talent) visa category

• Switching from a “Start-up” migrant and an “Innovator” visa category to Tier 1 (Exceptional Talent) visa category will be allowed

• The relevant continuous period under the Tier 1 (Exceptional Talent or Promise) visa category could be combined with leave spent either as a Tier 1 Migrant (excluding as a Tier 1 (Graduate Entrepreneur) Migrant or Tier 1 (Post-Study Work) Migrant), as a Tier 2 Migrant (excluding as a Tier 2 (Intra-Company Transfer) Migrant) or as an Innovator

Tier 2 visa categories

• Applicants will be allowed to switch from a Start-up and an Innovator visa category to Tier 2 (General)

• Migrants will be allowed to switch to the Tier 2 (General) visa category within the UK upon completion of their degree program or no more than 3 months before the expected completion date

• Tier 2 (General) and Tier 2 (Minister of Religion) migrants will be allowed to include leave spent in the UK as an Innovator towards the required qualifying period for indefinite leave to remain

• The minimum threshold for a gross annual salary, when applying for settlement under the Tier 2 (General) visa route, will be set at £38,800, if the date of application is on or after 6 April 2023, and at £40,100 if the date of application is on or after 6 April 2024

Changes as of 6 April 2019

• Time spent under the Tier 4 visa category whilst being below the age of 18, will not count towards the time limits;

• Transitional arrangements in respect of job creation for those Tier 1 (Entrepreneur) applicants, who entered this route before 6 April 2014, will be deleted.

Changes as of 6 July 2019

• Tier 1 (Graduate Entrepreneur) visa category will be closed and being replaced by a Start-up visa category

Should you have any questions regarding the upcoming changes please do not hesitate to contact us.

Please note that the information on this page is for general purposes only and is not intended to replace legal advice.