Immigration Working in the UK Appendix W – Start Up Tier 2 – Skilled Workers Future developments Answers not options...
Establishing a Business in the UK In March 2019, the Home Office opened two new immigration routes for people seeking to establish a business in the UK. Under Appendix W, eligible entrepreneurs may qualify under the Start Up or Innovator route. These have replaced the Tier 1 Graduate Entrepreneur and Tier 1 Entrepreneur routes which are now closed for new applicants. Focussing on Start Up: Switching categories include Tier 1 (Graduate Entrepreneur), Tier 2 and Tier 4 (General). Start Up offers leave for a period of 2 years which is not extendable and does not lead directly to settlement in the UK, but applicants may progress into the Innovator category or switch to a different category. 2 FREETHS 25/02/2020
Qualifying for a Start Up visa To qualify for leave to remain in the Start Up category an applicant must: • Have an innovative, viable and scalable business idea which is supported by an endorsing body (https://www.gov.uk/government/publications/endorsing-bodies-start- up/start-up); • A successful applicant will have a genuine, original business plan that meets new or existing market needs. They will have or will be developing the necessary skills, knowledge, experience and market awareness to successfully run the business and there will be evidence of potential for job creation and growth with the national market. • Loughborough Enterprise Network supports Loughborough University students and graduates in establishing their start up business. https://www.lboro.ac.uk/students/len/ 3 FREETHS 25/02/2020
Overview of qualifying criteria Stage 1 – Apply for and secure an endorsement from an endorsing body (Loughborough University is an endorsing body for Start Ups). Stage 2 – Apply for and secure leave to remain. Key requirements • Hold an endorsement • Meet English language at level B2 (a degree from a UK university will meet this requirement) • Meet maintenance (£945 for main applicant plus £630 for dependants) 4 FREETHS 25/02/2020
Tier 2 General For Sponsored Work “ These routes enable UK employers to recruit workers from outside the EEA to fill a particular vacancy that cannot be filled by a British or EEA worker.” Immigration Rules; Part 6A Requires a sponsoring employer who can make an offer for an appropriate role at an appropriate salary. You must score the required number of points to secure a visa. 5 FREETHS 25/02/2020
Find an employer and secure a certificate 1. Find a suitable employer There are over 30,000 Tier 2 & Tier 5 licensed sponsoring employers https://assets.publishing.service.gov.uk/government/uploads/system/upl oads/attachment_data/file/865540/2020-02- 13_Tier_2_5_Register_of_Sponsors.pdf 2. Secure a Certificate of Sponsorship The sponsoring employer will secure a Certificate of Sponsorship and assign this to you. This is used to apply for entry clearance or leave to remain 6 FREETHS 25/02/2020
Ensure the role is a graduate role Under the current system, the role must be a graduate role (RQF6). Roles are defined in Appendix J (https://www.gov.uk/guidance/immigration- rules/immigration-rules-appendix-j-codes-of-practice-for-skilled-work 7 FREETHS 25/02/2020
Check the salary rate is at the right level 1. Above baseline £30,000, although students can rely on Post Study provisions which keeps the baseline at £20,800. 2. Above the appropriate salary rate for the role Set out in Appendix J. The rate may vary for New Entrants and Experienced Workers. 8 FREETHS 25/02/2020
Find out about the Resident Labour Market test 3. All employers must meet the Resident Labour Market test, unless an exemption applies; Key exemptions – • Shortage Occupation https://www.gov.uk/guidance/immigration-rules/immigration-rules- appendix-k-shortage-occupation-list • Post Study Work – includes switching from Tier 4 • Role attracts a salary above £159,600 9 FREETHS 25/02/2020
Check you can score the required number of points 4. Score the required number of points You require 70 Points in total, as follows • 50 points for Attributes (30 for COS plus 20 for salary) https://www.gov.uk/guidance/immigration-rules/immigration-rules- appendix-a-attributes • 30 points - Valid Certificate of Sponsorship and satisfaction of the Resident Labour Market Test or exemption (e.g. shortage occupation/switching from Tier 4); and • 20 Points – Satisfaction of baseline salary and appropriate salary rate • 10 points for English language • 10 points for Maintenance - £945 for 90 days or certified by employer (A rated only) 10 FREETHS 25/02/2020
What the employer needs to do and what do you need to do Employer Prospective employee Hold a licence Find a suitable employer Comply with their licence duties Identify a suitable graduate role Have a vacancy When applying, can state “Right to Work” only if possible to add an explanation Secure and assign a Certificate of Request the COS number Sponsorship Complete the RLMT if required Offer at an appropriate salary rate Apply for entry clearance or leave to remain Maintain reporting and record keeping duties 11 FREETHS 25/02/2020
Who can I work for? • Employment is limited to the Sponsor on your Certificate of Sponsorship. This must be your main job. • You can do a second job (up to 20 hours a week) if on the shortage list or in the same profession and at the same professional level provided that you remain working for your Sponsor. • Otherwise, you will need to apply for a new visa. You will need to be sponsored by your second employer and get a new certificate of sponsorship . • You can undertake voluntary work. 12 FREETHS 25/02/2020
Future developments – new Graduate Immigration Route • In September 2019, the current Government announced the introduction of the new Graduate immigration route. The Rules are yet to be published. Further information was announced in October https://homeofficemedia.blog.gov.uk/2019/10/14/fact-sheet- graduate-immigration-route/ • The route will open in summer 2021. Students who graduate after the route has opened will be able to benefit. Those whose leave expires before summer 2021 will not be able to benefit from the new route. • It will be open to international students who have successfully completed a course of study at undergraduate level or above, at an approved UK Higher Education Provider. • It provides permission to work, or look for work, at any skill level and salary. There is no requirement for sponsorship. • Leave to remain will be granted for two years. This will be non-extendable and will not leave to settlement. An applicant could switch into a skilled work category at the end of their leave. 13 FREETHS 25/02/2020
Contact Details Emma Brooksbank Solicitor and Partner 0845 166 6300 Emma.brooksbank@freeths.co.uk Brexit update briefings: http://www.freeths.co.uk/subscribe/ 14 FREETHS 25/02/2020
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