Below is an email received from UKBA regarding the Tier 1 Entrepreneur Genuine Test
We have submitted numerous entrepreneur applications and completely disagree that the applications are bogus. For those not familiar with the Tier 1 Entrepreneur route, an applicant has to invest £200, 000 in a business, run the business, employ 2 members of staff, complete all tax and other legal considerations. No mean feat in this current economic climate.
The government should be actively promoting entrepreneurs to come to the UK. For those who they suspect are ‘abusing the rules’, UKBA can simply refuse those applicants and not harm genuine applicants or put off genuine potential entrepreneurs.
Dear Sirs
We write to inform you that we are today laying before the House a Statement of Changes in the Immigration Rules that will bring about urgent changes to tackle abuse in the Entrepreneur migration route while protecting genuine entrepreneurs. In April 2011 we made some changes to the Investor and Entrepreneur routes to encourage greater uptake. These changes have successfully brought about a steady increase in applications from overseas.
However, it is clear that, following our tightening of other migration routes, the Entrepreneur route is now being targeted by applicants seeking to abuse the immigration rules. We are therefore introducing a ‘genuine entrepreneur’ test which will give UK Border Agency caseworkers the ability to test the credibility of suspicious applicants. We are also making a further change to require the necessary minimum funds to be held, or invested in the business, on an ongoing basis rather than solely at the time of the application.
These are technical but important changes to improve the effectiveness of the current rules. We will protect genuine entrepreneurs and continue to encourage them to invest in the UK where they will be made welcome.
The full Written Ministerial Statement can be found on the UK Border Agency website. We have also published guidance for affected applicants who may have questions about the changes.
UK Border Agency
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals