14 May 2020 – Statement of Changes

18 May 2020

On 14 May 2020, the Home Office published a new statement of changes. The majority of changes will take effect on 4 June 2020, whilst the remainder will take effect on 24 August 2020.

4 June 2020 changes

Representative of an overseas business (otherwise known as the sole representative category)

Changes will be made to the representative of an overseas business category to make the requirements tougher for applicants to satisfy. An applicant must now genuinely satisfy all the requirements and must not be setting up a branch or subsidiary in the UK solely for the purpose of facilitating their entry and stay. The introduction of these ‘genuineness requirements’ seems to suggest that the Home Office have recently concluded that some applicants have been taking advantage of this category.

In addition, applicants will be required to demonstrate that they have the skills, experience and knowledge of the business necessary to undertake the relevant role – tightening the current criteria which only relates to the authority of the applicant and their familiarity with the company’s activities. This amendment could also be interpreted as an attempt by the Home Office to prevent new joiners from being able to apply under this category, which is qualified by the inclusion of the word ‘existing’ to the current requirement for the applicant to be a senior employee.

Another major change to this category will be the expansion of the types of employee who are prohibited from applying. Currently, an applicant must not be a majority shareholder of the business – the Home Office guidance very simply states that you must refuse an application when an applicant’s shareholding is over 50%. This requirement will become significantly complicated by the amendment which precludes anyone from applying if they ‘have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement’. The inclusion of ‘any other arrangement’ is particularly worrying as it appears to empower the Home Office with wide discretion which they may utilise to unfairly refuse applications – hopefully the guidance will be updated to provide clarity as to the substantive impact of this change. It is also noteworthy that this requirement has been extended to those who are applying as the main applicant’s partner under this category.

Tier 2 (Intra-Company Transfer (ICT))

A transitional measure introduced in April 2010 ensured that individuals sponsored as a Tier 2 (ICT) migrant prior to 6 April 2010 could still qualify and apply for indefinite leave to remain in the UK (ILR). As more than nine years has passed since the change in policy (i.e. the maximum amount of time an individual can spend in the UK as a Tier 2 (ICT) migrant) all migrants eligible for this transitional arrangement have now either been granted ILR or left the UK. Consequently, this transitional provision will be deleted.

Appendix FM

There will be two minor changes to the rules for the Appendix FM category. Firstly, the rules for those applying as the fiancé of a British citizen will be amended to clarify that the wedding or civil partnership ceremony which is required to take place within six months following the grant of permission (a condition of the grant of immigration permission) must take place in the UK.

Secondly, the rules for extension applications as the partner of a British citizen will be amended so that if someone has been convicted of an offence for which they have been sentenced to imprisonment for less than four years but at least 12 months, their application will not be automatically refused if more than ten years have passed since the end of their sentences. This brings the requirements for extension applications in line with the requirements for entry clearance and settlement applications under this category.

Innovator and Start-up

Similar to the changes to the sole representative category, some of changes will toughen the eligibility criteria for these two categories. Currently, applicants are not required to be the sole founder of their relevant business and may be the member of an entrepreneurial team. Under the amended rules, if the applicant is not the sole founder they must be an ‘instrumental member’ who is relying on their own business plan which they generated the ideas for or made a significant contribution to. They must also be responsible for executing the business plan – this suggests the team member should have a certain level of seniority in the business. A small positive is that for Innovator applications under the “new business” criteria, the relevant business is permitted to have already started trading in the UK.

The Home Office are also increasing the threshold for a business venture to be considered viable, one of the three key requirements of these categories. To be viable, the applicant’s business plan will now also have to be realistic and achievable based on their available resources. This is another alarming change which may have once again been implemented to give the Home Office increased powers of discretion – it is often difficult to predict whether a business venture will be successful or not before it has had the chance to operate.

Significantly, the endorsing body criteria will be expanded to include the possibility for UK higher education providers to be endorsing bodies for Innovator applications (this is currently possible for Start-up applications) and for UK/devolved governmental departments to become endorsing bodies for both categories. This could be seen as a move by the Home Office to improve the currently poor perception of these categories by directly involving more official and respectable public bodies in the endorsement process.

One minor to change to this category is that the onus for the applicant and endorsing body to maintain contact at the specified checkpoints after the application is decided will now be shared between both parties – currently it is the endorsing body who is responsible for maintaining this contact.

A related change (which is already reflected in the current Home Office guidance for these categories) is that individuals can now change business venture – they must demonstrate to their endorsing body at the relevant contact checkpoint that they are pursuing a new business venture, which the body is satisfied meets all the required endorsement criteria. A fresh endorsement or application is not required in this scenario. In addition to this, if an applicant has changed business venture under the new rules this will not prevent them from applying under the “same business” criteria within their next Innovator application. Those switching from the Start up to Innovator categories will find this especially significant as they would otherwise need to meet the £50,000 funding threshold if their application was submitted under the “new business” route.

Global Talent

A number of minor and specific changes have been made to the Global Talent category, most of which are of an evidential or procedural nature.

24 August 2020 changes – EU Settlement Scheme (EUSS)

Some welcome changes are being made to the rules which govern the EUSS. Three separate groups of applicants are being brought within the scope of the EUSS:

  1. all family members of Northern Irish nationals (regardless of whether they hold British or Irish citizenship or both);
  2. all family members within the scope of the EUSS (i.e. spouse, civil partner, durable partner, child, dependant parent or dependant relative) of EEA citizens whose relationships have broken down permanently as a result of domestic violence or abuse; and
  3. all applicable family members of EEA citizens where the relevant marriage or civil partnership had lasted for at least three years prior to the initiation of proceedings for its termination and the couple had lived together in the UK for at least a year during its duration.

Other changes include amendments to definitions in accordance with the changes above, amendments to procedural requirements which reflect new procedures implemented due to COVID-19 and amendments to evidential requirements.

Get in touch

If you have any UK immigration queries regarding these changes, contact your assigned LDI lawyer or enquiries@lauradevine.com.

Francesca Sciberras


Senior Solicitor

Joshua Hopkins


PSL Team Co-ordinator


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