Today’s newsletter details the new changes made on 14 May 2020 to the Immigration Rules affecting the EU Settlement Scheme, Representative of an Overseas Business (‘sole rep’), Start-Up, Innovator and Global Talent immigration routes. Excluding the changes in relation to the EU Settlement Scheme, which shall effect on 24 August 2020, all other changes will effect on 4 June 2020.

Representative of an Overseas Business

Numerous measures will be taken to tighten the route. Some of the changes to these categories are as follows:

• Applicants will be subjected to a Genuineness test, meaning that the Home Office will take into account all evidence submitted. It will have a particular focus on assessing the credibility of intention to establish a branch or subsidiary in the UK.
• Applicants will also be required to prove that they have the relevant skills, experience and knowledge of the business to represent the overseas business in the UK
• The clarifications of applicants who are required to be senior employees and cannot get involved in any of their own business or other businesses whilst in the UK.

EU Settlement Scheme

The main changes in respect of the EUSS and the EUSS family permit and travel permit includes:

• Extending the scope of the domestic violence provisions. Any EEA citizen’s family member who had a permanent broken down relationship due to domestic violence or abuse can apply for status under the EUSS.
• The changes also bring family members of the people of Northern Ireland within the scope of the EU Settlement Scheme. Eligible family members of the people of Northern Ireland will be able to apply for UK immigration status under the EUSS.

Changes to the Start-up and Innovator categories

There are some small but significant changes to the Start-up and Innovator Immigration Rules.

• Higher Education Providers could become Innovator endorsing bodies, where Government Departments could also become endorsing bodies.
• The Home Office could request additional evidence or information from applicants or their endorsing bodies, if they have any concerns that an endorsement has been issued inappropriately. They may even refuse applications if they are not satisfied that all of the endorsement criteria has been met.

Global talent

Key changes to the Global Talent route includes:

•  If applicants who already hold leave under Tier 1 (Exceptional Talent) wants to extend their stay, they must apply under the extension requirements for the Global Talent category rather than obtaining a new endorsement from an Endorsing Body.
• The British Fashion Council will consider applications specifically for those involved in fashion design rather than the wider industry

If you would like the full details of changes made to specific routes, please let us know and we will expand on them.