Business and Investing

On 22 February 2008 the United Kingdom Border Agency's (the "UKBA") website announced dramatic changes to the regime under which migrants can come to the UK to work.  

The announced changes were limited to Tiers 1 and 2 of the points based system (which – in contrast to Tier 5 - are the only avenues of the points based system so far in force which lead to settlement in the UK).  It was said that from 1 April the Government will:

Back in November of last year an extensive statement of changes in the Immigration Rules (HC 113) implemented Tiers 2 and 5 of the United Kingdom Border Agency’s points based system.  It also introduced a distinct category for business and special visitors and introduced new routes for visiting sportspeople and entertainers, based on previous concessions.  

The UK Border Agency has decided that the Business Visitor category, which was to come into effect on 27th November 2008, further to the “Statement of Changes in the Immigration Rules” as laid before Parliament on 4th November 2008 will be significantly amended due to the lack of clarity as to what constitutes “permissible activities.” Interested parties should continue to monitor this site for updates and should no longer rely on the current proposals for “permissible activities” for Business Visitors.

Tiers 2 & 5

The UK Government has announced that Tiers 2 & 5 of the new Australian styled points based system (PBS) will commence on 27th November 2008. These Tiers cover skilled and temporary workers wishing to come to the United Kingdom to work.

Gherson’ specialist immigration team is on standby to assist individuals who currently have a work permit and who would prefer the security of a Tier 1 (General) visa, which replaced the Highly Skilled Migrant Programme in June 2008.

In FS (Turkey) [2008] UKIAT 00066 the Asylum and Immigration Tribunal found that the principle of ex turpis causa non oritur actio – or “no court will lend its aid to a man who founds his cause of action upon an immoral or illegal act” enabled it to dismiss the Appellant’s appeal against the Secretary of State’s refusal to vary her leave to remain from that of a visitor to that of a self-employed person. 

Tier 2 of the United Kingdom Border Agency’s Points Based System becomes “live” in November.  It will replace the current work permits system to enable skilled migrant workers to apply to enter the UK.