Statement of changes in Immigration Rules

Changes to the Immigration Rules will implement restrictions on the ability of those already present in the UK as a Tier 4 (Student) or Tier 1 (Post Study Work) migrant to make an in-country application for an extension of stay as a Tier 1 (Entrepreneur).

The new restrictions will not apply to those qualifying on the basis of seed funding or funding provided by another government department, nor, in the case of those switching from the Tier 1 (Post Study Work) route, will they apply to those who have already established a genuine business. Those who graduate here will continue to be able to apply to extend their stay under the Tier 1 (Graduate Entrepreneur) category.

In addition, the statement of changes to the Immigration Rules will remove all tests provided by Cambridge International Examinations (CIE), and specific tests provided by Cambridge English and Trinity College London from the list of approved English tests.

The statement of changes also contains amendments to the Immigration Rules on family and private life, in particular with regard to foreign criminals.  Specifically, the statement of changes will allow the Secretary of State to certify an appeal where an individual is liable to deportation in circumstances where the Secretary of State is of the view that the removal of a person to the country or territory to which they are proposed to be removed would not be considered unlawful under section 6 of the Human Rights Act 1998.



The Home Office places new restrictions on the entrepreneur visa route

The Home Office has placed new restrictions on the entrepreneur visa route for students. With the new clampdown students will only be able to switch using funds from a government-approved source, and post-study workers will need additional evidence of their business activities. In addition, those who have not yet started businesses and who do not have evidence of a genuine business will not be able to switch from the old post-study route onto an entrepreneur visa.