Changes to Tier 1 Application Requirements

Guidance notes for Tier 1 of the Points Based System have been revised by the UK Border Agency, and alterations made to the Tier 1 (Entrepreneur) application form for applicants who are applying from within the UK.

Policy guidance in all Tier 1 categories has been amended to include a paragraph containing information about when the UKBA will contact an applicant in the event of missing or incorrect documents.  The amendment states that where the applicant does not provide the specified documents, the UKBA will contact him/her to ask for them only when he/she has submitted:

• A sequence of documents and some of the documents in the sequence have been omitted (for example, if one bank statement from a series is missing)
• A document in the wrong format;
• A document that is a copy and not an original document.

The applicant or their representative will be contacted in writing, and the evidence must then be received by the UK Border Agency processing centres within 7 working days.  If the applicant does not send in the correct documents they may refuse the application.  The UKBA will not ask for further information where none of the information has been submitted (for example an English language certificate is missing); or where they do not anticipate that a correction of minor errors or omissions will lead to an approval because the application will fail for other reasons.

The Tier 1 (Entrepreneur) application form and policy guidance have been revised to allow applicants to use money invested in a UK business while they were here in a different immigration category.

Applicants should use the new form with immediate effect, but the UKBA will continue to accept applications made on the previous version of the form up to and including 5 March 2012.

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