Changes to the Tier 1 (Entrepreneur) category
Changes to the Tier 1 (Entrepreneur) category
4 April 2019
New Immigration Rules came into force on 29 March 2019 which has had a significant impact on the Tier 1 (Entrepreneur) route. As well as closing the route to new applicants, those wishing to extend their permission to stay in the UK under this category can now only do so until April 2023. In addition, those wishing to apply for settlement under this category will now only have until April 2025 to do so. There are exceptions for Tier 1 (Graduate Entrepreneur) migrants to whom the deadlines differ.
For those in the UK as Tier 1 (Entrepreneur) migrants and family members, this means planning ahead to ensure they meet the requirements by the deadlines set. For example, in order to qualify for settlement, individuals and their dependent partners generally cannot have been absent from the UK for more than 180 days in any rolling 12-month period in the five years before the settlement application. This matters more now following the immigration changes, as those who do not qualify and apply for settlement by 2025 will find themselves having to consider another immigration route to remain in the UK or otherwise leave the UK.
Other changes affecting Tier 1 (Entrepreneur) migrants include the documentation they will now need to provide for extension and settlement applications. Individuals will be required to provide more evidence to show business activity, including an overview of the business’s activity and details of their main tasks and responsibilities demonstrating how they are fulfilling the business plan. For jobs created, job descriptions will now also need to be provided. This requirement for more documentation appears to be focused on demonstrating the genuineness of the Tier 1 (Entrepreneur) migrant’s business activities in the UK.
Whilst not a change to the Rules, it is also worth noting that individuals who initially applied before April 2014 could previously combine different jobs to make up one of the two full-time jobs required to be demonstrated for the job creation requirement. From 6 April 2019, this “concession” will be removed.
New online right to work checks for employers
New online right to work checks for employers
In yet another step towards the digitisation of immigration applications, the Home Office has launched a new online system which aims to simplify the way in which employers can conduct and evidence right to work checks.
Two-fold process
The new process is two-fold. The first stage requires the employee to verify their right to work in the UK by using the online system, at the end of which they will receive a code to share with their employer.To use the service the employer must visually check the applicant’s passport, inputting their date of birth along with their share code to view the applicant’s right to work in the UK. To complete the check, the employer must then verify the picture appearing in the online right to work check is of the applicant.
Once the process has been completed, the online service produces a Right to Work check which will give details of the date on which the check was carried out, and a reminder to complete the check again when the employee’s leave is due to expire. This page can be printed or saved for the employer’s records.
Employers are not obliged to use the new system and may continue to use the manual right to work check procedure to check a job applicant’s right to work in the UK. By utilising online service employers can have more confidence in the way the right to work check is recorded and kept.
An employer able to demonstrate that the check has been made in accordance with the published guidance, will have a statutory excuse against liability for a civil penalty.
Who can use the service?
The online Right to Work Checking Service can be used by non-EEA nationals who hold biometric residence permits or biometric residence cards and EEA nationals who have been granted settled status under the EU Settlement Scheme.
Get in touch
For further information on recent and forthcoming changes to UK and US immigration law contact your assigned LDS lawyer or enquiries@lauradevine.com.
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Anastasia Tonello comments on US immigration proceedings against British citizen 21 Savage
Anastasia Tonello comments on US immigration proceedings against British citizen 21 Savage
4 February 2019
Managing Partner and Head of the US Practice Anastasia Tonello discusses the case brought against rapper 21 Savage (She’Yaa Bin Abraham-Joseph) by Immigration and Customs Enforcement (ICE).
Referring to the ICE allegations against Abraham-Joseph, Anastasia highlights the serious legal challenges facing him. The 26-year-old British-born musician from Atlanta, Georgia is accused of being unlawfully present in the US after arriving legally as a child with his parents in 2005 and overstaying his one-year visa.
Anastasia notes that the rapper resides in “one of the most notorious jurisdictions for removal” in the US, showing a “very high rate” of inflexibility when considering grounds for discretion or relief. However, she also notes that Abraham-Joseph’s current visa application, highlighted by his representative, could assist his prospects of remaining in the US.
Read the full comments Anastasia gave to NBC News, Independent and Metro News.
[UPDATE: 10 February 2019]
Anastasia provides an update on the immigration proceedings against British-born rapper, 21 Savage, as he is set to miss the Grammys having received two nominations.
Commenting on the additional information released since the rapper’s detention by ICE, Anastasia outlines the options that lay ahead of 21 Savage and his legal position and potential options from an immigration standpoint.
Read Anastasia’s updated comments on the CNN website.
Brexit: EU Settlement Scheme opens to the public today
Brexit: EU Settlement Scheme opens to the public today
21 January 2019
Following extensive media coverage, many would have noticed that from today, EU nationals with valid passports and family members with valid biometric residence cards (BRCs) can use the new EU Settlement Scheme (EUSS) as part of its final (public) test phase before its full rollout on 29 March 2019. Registration under the EUSS is voluntary and will be accessible via the gov.uk website and on Android devices.
New status
Under the EUSS those with residence in the UK of 5 years or more should be granted ‘settled status’ (indefinite leave to remain) and those with less than 5 years’ residence should receive ‘pre-settled status’ (leave to remain).
Cut-off
Deal
Under the Prime Minister’s Brexit deal, EU nationals entering the UK up to the end of the envisaged transition period ending on 31 December 2020 (and their family members) may qualify for status under the EUSS. In this scenario, EU nationals and their eligible family members should have until 30 June 2021 to apply.
No deal
In the event of a no-deal scenario, only those entering the UK up to 29 March 2019 are guaranteed rights under the scheme with a deadline to register by 31 December 2020.
Application process
The application process will involve three main steps:
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- Proof of identity: applicants may complete the ID verification stage via an app (available for Android devices only) which can be used to scan valid ID documentation. Those without Android devices can use one of the designated scanning centres (13 in total for the whole country). Once the initial app stage is complete, applicants can continue the application process using the gov.uk website.
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- Confirmation of ‘continuous residence’ in the UK: this should be completed via automated checks with other government departments such as HMRC and DWP. Where no such data is available, applicants may be required to submit additional documentation.
Continuous residence is subject to limits on absences of up to six months in each of the five qualifying years (unless for an important reason) and, in contrast to free movement legislation, should not require proof of exercise of Treaty rights.
- Declaration of criminal convictions: only serious (or multiple) offences are expected to affect the outcome of the application.
- Confirmation of ‘continuous residence’ in the UK: this should be completed via automated checks with other government departments such as HMRC and DWP. Where no such data is available, applicants may be required to submit additional documentation.
Free of charge
After much pressure, Theresa May announced earlier today that fees for the EUSS will be scrapped and that those who have already paid will be refunded in full.
Evidence of status
Status granted the EUSS will be ‘digital’ and verifiable online with no physical document being issued to the applicant.
Who can be refused?
Only applicants who do not meet the eligibility criteria (for example through absences exceeding six months in any of the five qualifying years) or those with serious and/or multiple criminal convictions should fall for refusal. In previous test phases all applicants were granted either settled or pre-settled status.
To register or not to register?
While the EUSS promises a simple registration process and fast processing times, there may be circumstances in which it may not be advantageous to use it. For example, those wishing to naturalise straightaway may prefer to obtain a permanent residence (PR) certificate evidencing their earlier-acquired PR as otherwise they would normally be required to wait 12 months after they have obtained settled status under the EUSS.
Irish citizens and certain other individuals including those with a claim to British citizenship (either automatic or by registration) need not apply under the scheme.
How we can help
We offer a wide range of Brexit-related services, including seminars, Brexit ‘surgery’ sessions and detailed briefings providing advice to businesses and employees, as well as assisting individuals and families with their applications. If you would like to know more about how we can help you and your business prepare for Brexit, please contact your usual LDS lawyer or EUenquiries@lauradevine.com.
LDS finalists in PSL and wellbeing categories in 2019 LexisNexis awards
LDS finalists in PSL and wellbeing categories in 2019 LexisNexis awards
16 January 2019
We are pleased to announce that Laura Devine Solicitors has been shortlisted in both the PSL/ knowledge and the wellbeing categories in this year’s LexisNexis legal awards.
Winners will be announced during the awards dinner on Wednesday 15 March 2019.
Deal or no deal: Update on EU citizens’ rights
Deal or no deal: Update on EU citizens’ rights
16 January 2019
After nearly two years of negotiating, the Prime Minister’s Brexit deal was overwhelmingly rejected by Parliament yesterday. So what now for EU citizens’ rights?
In principle, yesterday’s vote should not affect the rights of EU citizens and their family members already in the UK. In December’s proposal for citizens’ rights in a no-deal scenario, the UK government confirmed that it will continue with the EU Settlement Scheme (EUSS) rollout as planned.
In principle, yesterday’ vote should not affect the rights of EU citizens and their family members already in the UK. In December’s proposal for citizens’ rights in a no-deal scenario, the UK government confirmed that it will continue with the EU Settlement Scheme (EUSS) rollout as planned.
21 January 2019: scheme opens to EU nationals with valid passports and family members with valid biometric residence cards (BRCs);EUSS timeline
- 29 March 2019: scheme becomes available to all eligible EU citizens and family members.
No deal scenario
In a potential no-deal scenario:
- EU citizens in the UK by 29 March 2019 should continue to benefit from the EUSS as originally planned.
- EU citizens arriving in the UK after 29 March 2019 may be able to come to the UK until December 2020 but will then be subject to the new Immigration Rules in the same way as non-EEA nationals will be.
Deal scenario?
Although the deal was rejected, this does not (yet!) mean that the UK will leave the EU without a deal. However, as MPs debate the next steps in the Brexit process, the uncertainty felt by businesses and individuals wishing to plan for the future, continues. Laura Devine Solicitors will continue to bring you the latest developments as they happen.
Brexit Services
We offer a wide range of Brexit-related services, including seminars, Brexit ‘surgery’ sessions and detailed briefings providing advice to businesses and employees. If you would like to know more about how we can help your business prepare for Brexit, please contact your usual LDS lawyer or EUenquiries@lauradevine.com.
Laura Devine in Managing for Success discussing steps to take before UK leaves EU
Laura Devine in Managing for Success discussing steps to take before UK leaves EU
15 January 2019
In an article for The Law Society’s Managing for Success magazine Managing Partner, Laura Devine, looks at what steps should law firms be taking now in relation to staff members who are either EU citizens or family members of EU citizens.
Britain’s economy is heavily reliant on the approximately 2.5 million EU nationals currently working in the country, and the legal industry is no exception: an estimated 10-20 per cent of trainee intake in corporate firms in London comes from the EU. What steps can law firms take now to reduce the impact of Brexit to their business, and support their workforce?
- Identify affected employees and reassure them
- Keep informed
- Understand the options
- Encourage employees to apply for documentation
- Prepare for a no-deal Brexit
Read the full on the Law Society’s website.
Immigration roundup: 2018-2019
Immigration roundup: 2018-2019
15 January 2019
Following a momentous year for UK immigration (marked by the Windrush scandal, Brexit turmoil and a Government white paper setting out proposals for a complete overhaul of the current immigration system), with Brexit now barely two months away, we embark on the most significant year for UK immigration policy in decades. Our specialist immigration team looks at some of the high lights and low lights of 2018 and examines what lies ahead in 2019.
Brexit
In a year full of twists and turns, 2018 finally provided some clarity to EU nationals in the UK as well as their family members and employers, after the UK and the EU reached the draft Withdrawal Agreement in March 2018.
EU Settlement Scheme (EUSS)
In August 2018 the new EU Settlement Scheme (EUSS) was rolled out on a trial basis and is finally being made available to the public from next week (21 January 2019). The system will enable EU nationals already in the UK (as well as certain family members) to secure their right to live and work in the UK beyond the agreed transitional period (set to last until 31 December 2020).
While the EUSS promises a simple registration process and a quick turnaround, not all EU nationals are currently covered by these rules. Those granted settled status under the scheme will normally be required to wait 12 months before they can naturalise as British citizens. EU nationals with long-term residence in the UK wishing to naturalise straightaway should consider applying instead for a permanent residence (PR) certificate recognising their earlier acquired PR.
Under the current agreement, which is due to be voted on in Parliament this evening, EU nationals would continue to be able to move to the UK until 31 December 2020, when free movement is expected to end and be replaced with a new immigration system from 2021. Look out for further updates from us.
Tier 2 sponsored workers
A major challenge for sponsored workers and their employers in 2018 was the ongoing shortfall of Restricted Certificates of Sponsorship available to employers to sponsor Tier 2 (General) migrants applying for entry clearance from outside the UK. The effect was that the minimum salary threshold (usually £30,000) for those subject to the cap was inflated to up to £60,000 until, August 2018, when medical staff was removed from the cap and salary levels resumed to usual levels. The adverse impact for businesses that were left unable to employ valuable talent from abroad for many months has no doubt contributed to the government’s recent white paper proposal (see below) to scrap the cap.
Immigration Health Surcharge (IHS)
The IHS doubled on 8 January 2019 from £200 to £400 per applicant per year (except for those applying under the Tier 5 Youth Mobility Scheme and students (including dependants of students) whose IHS increased from £150 to £300) raising the cost for a typical five year sponsored worker with a spouse and two children to £8,000.
Immigration white paper
The immigration white paper was published in December 2018. Key features include:
- proposing a new immigration system, which will not differentiate between EU and non-EU citizens, to commence in 2021;
- introducing a new immigration route (akin to Tier 2) for sponsored employment for roles at skill level RQF level 3 or above;
- removal of the Tier 2 annual cap;
- removal of the Resident Labour Market Test (RLMT); and
- introduction of a new category for short-term, lower skilled roles, limited to nationals of certain countries, including EU.
Looking ahead to 2019
Immigration Rules changes
2019 is expected to bring comprehensive changes in various immigration categories, including:
- changes to the Tier 1 (Investor) category relating to the origin of funds evidence and the permitted forms of investment, expected to come into effect from spring 2019;
- replacement of the Tier 1 (Entrepreneur) with an Innovator category from spring 2019, with the new category set to require an assessment of the business by a ‘business sponsor’;
- introduction of a Start-up route which is expected to replace the Tier 1 (Graduate Entrepreneur) category and as with the Innovator route, will require an assessment by a ‘business sponsor’;
- introduction of a new right to work checking service in late January enabling Tier 2 sponsors to check their employees’ right to work electronically; and
- trialing a scheme for temporary seasonal agricultural workers.
Brexit
The public implementation of the EUSS will commence on 21 January 2019 when all EU nationals holding a valid passport and those non-EEA national family members holding a valid biometric residence card (BRC) will be able to apply. Those without a valid passport/BRC will be able to apply from 30 March 2019.
No deal Brexit
In a no-deal Brexit, the rights of EU nationals will vary depending on the date they commence residence in the UK:
| Date residence commenced | Rights after Brexit |
|---|---|
| By 29 March 2019 | Ongoing right to live and work in UK, eligible under EU Settlement Scheme. |
| 1 April 2019 – 31 December 2020 | Able to come to UK to live/work until 31 December only – after which must meet the Immigrations Rules to remain. |
| From 1 January 2021 | No EU right, must meet the Immigration Rules. |
Get in touch
For further information on recent and forthcoming changes to UK and US immigration law contact your assigned LDS lawyer or enquiries@lauradevine.com.
We very much look forward to working with you in 2019 and will keep you updated on the latest changes.
Citywealth's Power Women Awards 2015: Entrepreneurial Woman of the Year
Citywealth's Power Women Awards 2015: Entrepreneurial Woman of the Year
We are pleased to announce that Laura Devine has won Entrepreneurial Woman of the Year at Citywealth’s Power Women Awards 2015.
The awards recognise individuals and companies who maximise the potential of women in wealth, champion female leadership and celebrate diversity.
Citywealth said:
“She has shown outstanding enterprise in successfully founding, expanding and maintaining a thriving specialist law practice, based in London but global in reach. She has excelled in her chosen field of immigration law, especially for high net worth individuals.This has called not only for high professional ability but also for strong leadership qualities combined with initiative and stamina.”
Find our more about Citywealth’s Power Women Awards here.
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LexisNexis Legal Awards 2019: Award for Wellbeing
LexisNexis Legal Awards 2019: Award for Wellbeing
Laura Devine Solicitors has won the Award for Wellbeing at the LexisNexis Legal Awards 2019.
The award recognises the law firm, chambers or other legal organisation which has demonstrated the strongest commitment to providing or promoting a work environment that supports the mental and physical health of its staff and enables them to maintain a healthy balance between their work pressures and home life.
More information about the awards and winners can be found here.
