UNITED KINGDOM: No Suspension of Tier 1 (Investor); Publication of Statement of Changes to the Immigration Rules [LATEST]

Tier 1 (Investor)

On 6 December 2018, various press outlets reported, based on an unpublished government press release, that the Home Office had suspended the Tier 1 (Investor) route until further notice. However, on 11 December 2018 a Home Office spokesperson commented: “The Tier 1 (Investor) visa is not currently suspended. However, the Government remains committed to reforming the route. A further announcement will be made in due course. Any suspension would be implemented through changes to the Immigration Rules.”

Statement of Changes

The Home Office has published its latest Statement of Changes to the Immigration Rules, announced on 6 December 2018.

The new Statement of Changes does not include most of the reforms to Tier 1 outlined in that announcement.

The following previewed changes are not included:

• The introduction of the “Start-up” visa announced in June 2018
• New Tier 1 (Innovator) route to replace the current Tier 1 (Entrepreneur) route
• Reform of the Tier 1 (Investor) route

The following previewed changes are included:

• Expanding the Tier 1(Exceptional Talent) route to allow certain architects to apply
• ”Minor, more technical” changes to the Tier 1 and Tier 2 routes for highly-skilled workers
• prohibiting Tier 5 Religious Workers filling roles as Ministers of Religion and directing them instead to do so through the correct Tier 2 Minister of Religion sub-category
• The introduction of a “cooling-off” period for Tier 5 to prevent Religious and Charity Workers from getting a second visa until a year has passed since the first one expired
• Introducing the new pilot scheme for seasonal horticultural workers (though with very few details provided)

Our Advice

Employers who may be affected are encouraged to contact their Newland Chase immigration specialist for specific advice.