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    TIER 1 STATEMENT OF CHANGES TO IMMIGRATION RULES

    The Home Office statement of changes to the Immigration Rules has now been published. The changes will come into force on 30 June 2008. The changes relate to the four new categories being introduced under Tier 1:

    • General (already partly in force)
    • Entrepreneurs;
    • Investors (this is similar to the existing investors route but will be a sub category of the points-based system); and
    • Post Study Work.

    Entrepreneurs

    This category is for individuals who want to take over, join or establish one or more businesses in the UK. This can include a company registered in the UK, a partnership, or sole trader.

    Entrepreneurs must score 75 points, in addition to 10 mandatory points for maintenance and 10 for English language skills.

    If successful the applicant will be granted leave for three years.

    Investors

    There are very little changes to the position in relation to Investors. The conditions for Investor migrants have improved in that they are now permitted to carry out work, something which was previously prohibited.

    Investors applying for entry clearance to the UK must score 75 points in relation to their assets. If the Investor was last granted entry clearance as a Tier 1 Investor Migrant or an Investor and they are seeking further leave to remain, they must score 75 points for assets and investments.

    If successful the applicant will be granted leave for three years

    Post Study Work

    This category replaces the International Graduate Scheme. As of 30 June the International Graduate Scheme will be deleted and replaced by this new Tier 1 category

    The purpose of this route is to encourage international graduates who have studied in the UK to stay on and do skilled or highly skilled work.

    One of the more notable changes for applicants under this new category, will be that relating to the maintenance requirement to be satisfied, when seeking entry clearance, or further leave to remain.

    All migrants wishing to enter the UK as a Tier 1 (Post-Study Work) Migrant must have a valid entry clearance for entry under this route. The applicant must score a minimum of 75 points for attributes.

    In addition to this the individual must obtain 10 mandatory points for maintenance and 10 for English language skills.

    If the individual is applying under the grounds for further leave to remain for Post Study Work then they must prove that they have £800 in funds. However, if the applicant decides to leave the UK and then return at a slightly later date as a post study work migrant, they will be required to show that they have £2,800 available to them. This is going to have a serious negative effect on those applicants applying from outside the UK, as it is likely to be the case that very few students will have £2,800 available to them. As such applicants will need to consider carefully when is best to make their application. For many it will be necessary for them to remain in the UK and apply for further leave to remain, as opposed to returning home first and applying for entry clearance from there.

    If successful the applicant will be granted leave for 2 years.