2019年3月英国Tier 1企业家类别新政:将被Innovator、Start-up类别取代,英国本土移民政策全线收紧

飞出国: 早在2018年12月,英国政府就公布了将对现行英国企业家移民政策进行大范围修改和调整的计划 。伦敦时间2019年3月7日,英国移民局正式公布2019年新政,正宣布 涉及到T1签证板块的几项重大改变

  • Tier 1 企业家签证 ,将被 【创新者(Innovator)】签证 取代;
  • Tier 1 毕业生企业家签证 ,将被 【初创业者(Start-up)】签证 取代。

新的“Start-up”和“Innovator”签证类别的出现,代表英国政府依然欢迎想来创业的海外移民;同时,“Innovator”签证的投资门槛 从20万英镑降至5万英镑 ,可以说是内政部的一种“吸睛手段”,希望吸引越来越多的有真实创业想法和可行计划的创业人才。

但不可否认的是,新政上台,意味着 英国政府将对申请人的创业想法和计划进行更加严谨的审核,看似“降低门槛”的新政,还有许多隐形条件的限制:

新政难点

  • 办理这两类签证前,都需要有 担保机构正式为你出担保信
  • 拿到担保信前提是,需要在 诸多方面通过担保机构的审核/达到要求

永居条件

Start-up签证没有永居导向,签证到期后,需要转换成为其他的签证,比如Innovator签证, Tier 2 General工作签证等。Innovator签证取消了“满足5年即可转永居”的条例,取而代之的是:

想要通过 创新者(Innovator)签证 获得永居,需要满足:

  1. Innovator签证 至少拿了3年 ;并且
  2. 满足以下条件中的 2条
  • 5万英镑按照当初商业计划书的计划, 投资进了公司
  • 生意的客户群数量相较于最近3年, 有翻番 ;当前的客户基数要高于英国同行的平均数;
  • 公司的任意产品/服务 受到英国知识产权保护
  • 在最近一个财政年度里,公司的毛财政收入 超过1百万英镑
  • 公司已经创造了 至少10个 全职本地岗位;
  • 公司已经创造了 至少5个 全职本地岗位,并且岗位的 平均年薪超过£25,000 (毛收入);

……

飞出国: 综上可以看出,虽说新的类别降低了投资门槛,但是看似5万镑的投资额,其实远远大于20万镑不说,各方面要求也更多了。 此外,英国投资移民政策也有所收紧:3月29日开始,英国投资移民不再允许投资英国国债,只允许投资公司债以及股票,以增加对英国经济的利益。英国的移民政策整体趋严,想要移民英国的小伙伴们,可以选择目前政策较为宽松的曼岛移民曲线救国,也可以选择移民到与英国有英爱协议的爱尔兰,依然可以自由出入英国、并在英国生活工作学习。

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Changes to the Immigration Rules

The government has announced changes to the Immigration Rules.

Published 7 March 2019

From: Home Office and The Rt Hon Caroline Nokes MP

The government has today (7 March 2019) brought forward a number of changes to the Immigration Rules, which further demonstrate its commitment to attracting leading talent, whilst also cracking down on abuse.

The rules will provide skilled business people access to two new visa routes to set up businesses in the UK. The Start-up visa route will be open to those starting a business for the first time in the UK, while the Innovator visa route will be for more experienced business people who have funds to invest in their business.

Both routes will see endorsing bodies and business experts – rather than the Home Office – assessing applicants’ business ideas. This will make sure that the routes are focussed on only the most innovative, viable and scalable businesses.

Alongside these new routes, the Home Office is also bringing forward reforms to the Tier 1 (Investor) route. The reformed route will better protect the UK from illegally obtained funds, whilst ensuring that genuine investors have access to a viable visa route. Applicants will be required to prove that they have had control of the required £2 million for at least two years, rather than 90 days, or provide evidence of the source of those funds.

Statement of changes to the Immigration Rules: HC 1919, 7 March 2019

Start-up

This category is for people seeking to establish a business in the UK for the first time.
Applicants will have an innovative, viable and scalable business idea which is
supported by an endorsing body. This category offers leave for 2 years and does not
lead directly to settlement in the UK, but applicants may progress into the Innovator
category below.

Innovator

This category is for more experienced business people seeking to establish a business
in the UK. Applicants will have an innovative, viable and scalable business idea
which is supported by an endorsing body. With some exceptions, applicants will
have funding to invest in their business. This category may lead to settlement in the
UK.

Investment funds – new business

  1. If the applicant’s endorsement was given under the new business endorsement criteria in paragraph W6.3 above, at least £50,000 funds must be available to the applicant to invest in their business. This may include funds which have already been invested in the business.
  2. If the endorsement letter confirms that at least £50,000 funds are available or have been invested in the applicant’s business, no further evidence of investment funds is required.
  3. If the endorsement letter does not confirm that a full £50,000 funds are available or have been invested, the applicant must provide the documents in paragraph W6.5 below as evidence of the remaining balance of their £50,000 investment funds.
  4. If the business venture has one or more other team members who are applying for, or have been granted, leave in the Innovator category, they cannot share the same investment funds. There must be at least £50,000 investment funds available for each Innovator team member. These additional funds are not needed for team members who are resident workers or who have leave under another category of the Immigration Rules, which allows them to engage in business.

Lengths of leave

(a) If an application is successful, leave will be granted for the time in the table
below:

Category Length of leave: initial applications Length of leave: extension applications Maximum time in category
Start-up 2 years 2 years, minus the time already granted in the Tier 1 (GraduateEntrepreneur) and Startup categories 2 years
Innovator 3 years 3 years No time limit

(b) If an applicant has already been granted the maximum time in the category,
the application will be refused.

Immigration status in the UK

If the applicant is applying for leave to remain, one of the following must apply:

  1. The applicant’s last grant of leave was in the same category as they are applying in.
  2. The applicant’s last grant of leave was in an eligible switching category shown in the table below:
Category the applicant is applying in Eligible switching categories
Start-up Tier 1 (Graduate Entrepreneur) /Tier 2/Tier 4 (General) – the restrictions in paragraph W3.4 apply/a visitor who has been undertaking permitted activities as a prospective entrepreneur, as set out in Appendix V
Innovator Start-up/Tier 1 (Graduate Entrepreneur)/Tier 1 (Entrepreneur)/Tier 2/a visitor who has been undertaking permitted activities as a prospective entrepreneur, as set out in Appendix V