England: UK Government restricts the right to settle in the UK
Tanya Gruneberg, in Ashfords LLP London office, is an Associate in the Employment Department. Tanya has expertise in Business Immigration law and would be happy to discuss any business immigration issues with you. The article below highlights some key changes in UK law which may effect you.
In order to reduce migration from outside the EU, the UK Government is implementing changes to restrict the right of settlement. Employees’ right to settle is an important consideration for many employers operating in the UK, and to employees who want to move to the UK to work without restriction. Skilled workers may enter the UK under the points based immigration system if they are either transferred to a UK office of an overseas company (Tier 2, Intra-company transfer) or recruited directly by a UK company (Tier 2, General). Those entering as Tier 2 Intra-company transfers are prohibited from settling in the UK. Those entering under Tier 2 General, may settle after 5 years. From April 2016 they must earn at least £35,000 per year.
There are other routes to settlement. Those starting or taking over a business may enter under the “Entrepreneur” category of Tier 1. They must invest £200,000, employ 2 settled workers, meet English language requirements and support themselves financially. We recently advised a Japanese client who did not meet these English language requirements to apply instead under the “Investor” category of Tier 1. He could do this as he could demonstrate that he had £1 million to invest in the UK. Entrepreneurs and Investors can apply for settlement after five years (although the period is reduced for those investing large sums).
The trend is for the rules to become stricter so we advise clients to apply for settlement as
soon as they become eligible.
For further advice please contact Tanya Gruneberg at Ashfords LLP.
T: +44 (0) 207 544 2430
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