04 winter 10 INSiGHT from Smith Stone Walters 05 winter 10 INSiGHT from Smith Stone Walters

UK: USA:
Smith Stone Walters Ltd Smith Stone Walters

Latest News – New Guidance for Preventing focus Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
111 John Street
Suite 800
New York, NY, 10038
winter 10
Illegal Working clients with a clear and concise account of the key issues.
Tel: +44 (20) 8461 6660
Fax: +44 (20) 8461 6661
Tel: +1 646 378 4406
Fax: +1 646 378 4409
We trust this section will prove to be both informative and of Email: info@ Email: usa@
New guidance for employers on preventing illegal working has interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com
recently been published. This guidance will help employers
understand the law on illegal working and what they need to do
to comply. Immigration News & Views from Smith Stone Walters
The new document is an update of the original comprehensive
UK Investor Category
guidance, which was published in February 2008 at the start of the
illegal working civil penalty regime. It includes details of document
checks that employers are advised to undertake and provides
up-to-date images of the documents, stamps, and endorsements Tier 1 (investor) of the points-based
system is an increasingly popular
Do I need to prove my ability
to speak English to be an
Are any changes planned to the
investor visa category?
2011/12 UK IN THIS ISSUE
immigration ‘cap’
that need to be presented by migrant workers as evidence of their
editorial:
right to work in the UK. route of entry to the United Kingdom investor? It’s clear that the current coalition 01 Intra-company transferees slip
for individuals of high net worth through the net!
For questions regarding illegal working, contact
announced – the
wanting to make a substantial No. Investors are exempt from the government wishes to attract more
English language requirement. They overseas investors to this country. q & a:
your Smith Stone Walters Account Manager today. financial investment here. 02 The Cap – Questions & Answers
are also not required to provide We therefore believe that this visa
What are the investor additional evidence of their personal category shall be modified to make
course is set 03
q & a:
LATEST NEWS

qualifying criteria? The Cap – Questions & Answers

Refined Criteria for Additional Certificates of At least £1,000,000 of disposable 04
latest news:
New Guidance for Preventing
Sponsorship funds is required for individuals Illegal Working
who want to live in the UK via Refined Criteria for Additional
this immigration route. Under the Certificates of Sponsorship
The UK Border Agency has published refined criteria that will be applied to Tier 2 (general) December Tier 1 (General)
sponsor requests for additional certificates of sponsorship. The criteria have been revised to government’s points-based system, an
Limit Reached
guarantee all requests will be approved if they relate to an extension for a work permit holder or investor needs to score a minimum of
75 points. Points are awarded for what focus on:
Tier 2 (general) worker already employed by a sponsor. 05 UK Investor Category
are called ‘attributes’. In order to be
Requests for additional certificates of sponsorship are considered by a panel of UK Border Agency awarded these, you must have either:
managers, who meet on the first working day of each month. To date, a majority of requests have
Money of your own, held in a
been denied.
regulated financial institution,
If your company needs additional certificates of sponsorship during the imposition of the current which is disposable in the United
‘interim cap’, contact Smith Stone Walters to discuss the options open to you. Kingdom and amounting to
no less than £1 million [75 points
available]
or
December Tier 1 (General) Limit Reached Personal assets, taking into
The limit on the number of initial applications that can be issued under Tier 1 (general) of the account all liabilities, which have
points-based system has been reached for December 2010. This means that no further visas for a value exceeding £2 million.
Assets held by a husband, wife, ability to financially support it more advantageous for high net
Tier 1 (general) applications filed from overseas will be issued in December. themselves or any dependants whilst worth migrants to make the United
civil partner, unmarried or same

a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
If an individual has already filed a Tier 1 (general) application, the sex partner, either jointly or in in the UK. Kingdom their home. Future changes
your partner’s own name, can be may include shortening the qualifying
authorities won’t be able to issue the visa until the visa allocation for How long is the investor visa
taken into account when period for settlement from the current
January 2011 is made available. New Tier 1 (general) applications will issued for?

still be accepted before this time, but will be held over until January for assessing your net worth
and
the visa to be issued.
Money under your control, held in
Warning! a regulated financial institution,
With the limit on Tier 1 (general) visas issued from overseas set at which is disposable in the United
Kingdom and amounting to no
600 per month and December’s allocation now filled, an increasing
less than £1 million, that has been
number of applications will be carried over from one month to the
next for issuance. As a consequence, we anticipate the limit for loaned to you by a financial
January 2011 to be filled within the first few days, which means institution regulated by the UK
that individuals planning to file a Tier 1 (general) application may Financial Services Authority (FSA).
not see their visas issued before the scheme closes in April 2011. You are not entitled to mix
We strongly advise all overseas-based Tier 1 applications be filed personal funds and borrowed
without delay. funds in order to meet the total £1
million investment.
Limited accepts no liability for any action taken based on the contents of this publication.
five years, depending on the size of
The Tier 1 (investor) visa is initially the investment to:
granted for three years. An investor
5 years for an investment of £1m – 5m
may apply for a visa extension after
the initial three years if they meet 3 years for an investment of £5m –10m
the relevant requirements. It is
2 years for an investment greater
possible to apply from abroad for
than £10m.
a Tier 1 (investor) visa or, in some
circumstances, you may be able to
apply to ‘switch’ immigration status
in the UK, depending on which For further guidance in relation
immigration status you hold. Investors to the investor category, please
may eventually acquire indefinite contact your Smith Stone
leave to remain in the UK and/or Walters account manager.
obtain British citizenship.
 01 winter 10 INSiGHT from Smith Stone Walters 02 winter 10 INSiGHT from Smith Stone Walters 03 winter 10 INSiGHT from Smith Stone Walters

Intra-company transferees slip through the net! The Cap – Questions & Answers How will the closure of the Tier 1 (highly skilled) route affect UK employers?
With the closure of the Tier 1 ‘highly skilled’ route, employers will be required to use the Tier 2
Following the Migration Advisory Committee (MAC) report to the government on the level for The introduction of a limit on the number of economic scheme to engage migrant workers and thus must accept the additional reporting responsibilities
2011/12 of the annual limits on economic migration to the UK, Home Secretary Theresa May migrants will impact all employers seeking to engage associated with the Tier 2 licensed sponsorship system. Whilst a new Tier 1 ‘exceptional talent’
announced a raft of new measures to strictly control the number that can come into the UK to work workers from outside the European Union. With so route is to be introduced, only 1,000 workers will be permitted to enter the UK via this scheme,
from outside Europe. May said that 21,700 migrant workers will be permitted to enter the United much change planned for next year, we answer the and the Home Office Minister indicated that these workers will be made up of scientists,
Kingdom next year. Much to the relief of the many major UK-based employers, this new limit excludes key questions on the minds of HR representatives and academics, and artists. Most UK employers will therefore have no alternative but to ‘sponsor’
intra-company transfers. managers anxious to see how the cap will affect their migrant workers via Tier 2.
UK business.

Compared to last year, how many migrant

workers will be allowed to enter the UK
between April 2011 and 2012?

QUESTIONS & ANSWERS

QUESTIONS & ANSWERS

Visa type Number issued in 2009 Announced 12-month limit
from April 2011
Tier 1 General – previously 14,000 1,000 (for exceptionally
known as Highly Skilled talented only)
Migrant Programme (HSMP)
Tier 2 General – newly hired 8,500 20,700
migrant workers
editorial

Tier 2 Intra-Company Transfer 22,000 No limit imposed, but

As well as announcing details of the much-publicised limit on the number of skilled non-European
workers that businesses can bring into the country, the Home Secretary also confirmed a restriction
on the existing Tier 1 of the points-based system—the ‘highly skilled’ tier—to all but entrepreneurs,
investors, and people of exceptional talent.
Winners & Losers
The introduction of a cap will impact certain sector-based employers more than others. The ICT
exemption, albeit announced with stricter controls on minimum salary levels, is likely to be seen as
a welcome concession by major UK employers that have lobbied vigorously against any immigration
limit being imposed. Some 22,000 ICTs were issued last year by international firms, and we anticipate
about the same number to be issued next year.
Aside from the imposed limit on Tier 2 ‘new hire’ workers at 20,700, the announcement indicated that
skilled migrants applying via Tier 2 must be seeking to fill graduate level occupations after April 2011.
This change will thwart a number of specialist migrant workers from qualifying next year, including a
majority of non-European chefs and care-workers.
However, the most surprising aspect of the Home Secretary’s announcement
was confirmation that the Tier 1 (general) sub category will close in April
2011. In her speech, May justified the decision by indicating that many
Image courtesy of Adambro
(ICTs) minimum qualifying salary
levels now set
Work Permits Scheme 5,200 Nil (system now closed)
(superseded by the tiered
system)
TOTAL 27,000 (excluding ICTs) 21,700 (excluding ICTs)
Following the MAC recommendation to set the 2011 visa limit between 15,400 and 21,700, the
Home Office Minister decided to set the immigration cap at the higher figure. Of those, 20,700
migrants will be sponsored by UK employers to undertake specific graduate level occupations via
the Tier 2 (general) route, with only 1,000 workers permitted to enter the UK under a revised Tier
What other plans does the government have?
1 ‘exceptional talent’ scheme.
Home Secretary Theresa May recognised that the government can’t meet its target of reducing
In real terms, when you exclude intra-company transfers, the number of new migrant workers the migrant population solely by restricting workers. She stated that a forthcoming consultation
permitted to enter the UK next year will be down from 27,700 to 20,700. on students will focus on the viability of only permitting overseas students studying for degrees
or entering ‘highly trusted’ colleges to enter the UK. Another route prime for revision is the Post
How will the cap operate? Study Worker (PSW) scheme, which allows students to take jobs at the end of their coursework.
The government has yet to announce how the cap will work in practice. In other countries We don’t expect this visa route to be open much longer.
operating similar schemes, the limit is operated on an annual basis. However, the CBI and many
other interested parties would prefer to see a monthly system in the UK to ensure that businesses In addition, the government plans to cut the current link between temporary workers and their
ability to secure UK permanent residence after spending a continuous period of time (usually five
don’t face the possibility of seeing the annual limit exhausted before April 2012 and closed weeks
years) in the country. We anticipate future announcements to be made in due course detailing new
or even months ahead of a new annual allocation. We therefore expect UK employers to be
tighter restrictions on a migrant’s ability to secure UK permanent residency.

assigned a monthly quota to use in the hiring of overseas migrant workers.

existing migrant workers in the highly skilled category were actually working
in low-skilled jobs, if at all. No doubt many employers could prove otherwise. How easy will it be to transfer existing overseas-based staff to As a leading UK immigration service provider,
Nevertheless, in an effort to beat the cut-off date, a late surge in new the UK?
applications from overseas is anticipated. However, with an interim ‘first Smith Stone Walters will ensure that you’re
Although the intra-company transfer route, which allows international
come, first served’ cap already in place, the last Tier 1 (general) visas will
companies to transfer staff to the UK, is not restricted to a numerical limit,
always kept informed of the policy changes
likely be issued well before the subcategory closes in April 2011. affecting your ability to hire and retain migrant
the eligibility criteria have been made more challenging. After April
Smith Stone Walters of next year, only intra-company transferees earning in excess of workers. Please call your Account Manager to
£40,000 will be permitted to remain in the UK longer than
With much anticipation, we look forward to gaining further details relating to the implementation of
twelve months. Employees earning less
discuss any questions you may have.
the inaugural UK immigration cap. Smith Stone Walters maintains open lines of communication with
than this figure will only be able to remain
UK Border Agency management and will continue to keep our clients informed of all the key changes
in the United Kingdom for a
and announcements made during 2011.
maximum of twelve months.
Merry Christmas and Happy New Year to all our clients.

Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + Q&A
 01 winter 10 INSiGHT from Smith Stone Walters 02 winter 10 INSiGHT from Smith Stone Walters 03 winter 10 INSiGHT from Smith Stone Walters

Intra-company transferees slip through the net! The Cap – Questions & Answers How will the closure of the Tier 1 (highly skilled) route affect UK employers?
With the closure of the Tier 1 ‘highly skilled’ route, employers will be required to use the Tier 2
Following the Migration Advisory Committee (MAC) report to the government on the level for The introduction of a limit on the number of economic scheme to engage migrant workers and thus must accept the additional reporting responsibilities
2011/12 of the annual limits on economic migration to the UK, Home Secretary Theresa May migrants will impact all employers seeking to engage associated with the Tier 2 licensed sponsorship system. Whilst a new Tier 1 ‘exceptional talent’
announced a raft of new measures to strictly control the number that can come into the UK to work workers from outside the European Union. With so route is to be introduced, only 1,000 workers will be permitted to enter the UK via this scheme,
from outside Europe. May said that 21,700 migrant workers will be permitted to enter the United much change planned for next year, we answer the and the Home Office Minister indicated that these workers will be made up of scientists,
Kingdom next year. Much to the relief of the many major UK-based employers, this new limit excludes key questions on the minds of HR representatives and academics, and artists. Most UK employers will therefore have no alternative but to ‘sponsor’
intra-company transfers. managers anxious to see how the cap will affect their migrant workers via Tier 2.
UK business.

Compared to last year, how many migrant

workers will be allowed to enter the UK
between April 2011 and 2012?

QUESTIONS & ANSWERS

QUESTIONS & ANSWERS

Visa type Number issued in 2009 Announced 12-month limit
from April 2011
Tier 1 General – previously 14,000 1,000 (for exceptionally
known as Highly Skilled talented only)
Migrant Programme (HSMP)
Tier 2 General – newly hired 8,500 20,700
migrant workers
editorial

Tier 2 Intra-Company Transfer 22,000 No limit imposed, but

As well as announcing details of the much-publicised limit on the number of skilled non-European
workers that businesses can bring into the country, the Home Secretary also confirmed a restriction
on the existing Tier 1 of the points-based system—the ‘highly skilled’ tier—to all but entrepreneurs,
investors, and people of exceptional talent.
Winners & Losers
The introduction of a cap will impact certain sector-based employers more than others. The ICT
exemption, albeit announced with stricter controls on minimum salary levels, is likely to be seen as
a welcome concession by major UK employers that have lobbied vigorously against any immigration
limit being imposed. Some 22,000 ICTs were issued last year by international firms, and we anticipate
about the same number to be issued next year.
Aside from the imposed limit on Tier 2 ‘new hire’ workers at 20,700, the announcement indicated that
skilled migrants applying via Tier 2 must be seeking to fill graduate level occupations after April 2011.
This change will thwart a number of specialist migrant workers from qualifying next year, including a
majority of non-European chefs and care-workers.
However, the most surprising aspect of the Home Secretary’s announcement
was confirmation that the Tier 1 (general) sub category will close in April
2011. In her speech, May justified the decision by indicating that many
Image courtesy of Adambro
(ICTs) minimum qualifying salary
levels now set
Work Permits Scheme 5,200 Nil (system now closed)
(superseded by the tiered
system)
TOTAL 27,000 (excluding ICTs) 21,700 (excluding ICTs)
Following the MAC recommendation to set the 2011 visa limit between 15,400 and 21,700, the
Home Office Minister decided to set the immigration cap at the higher figure. Of those, 20,700
migrants will be sponsored by UK employers to undertake specific graduate level occupations via
the Tier 2 (general) route, with only 1,000 workers permitted to enter the UK under a revised Tier
What other plans does the government have?
1 ‘exceptional talent’ scheme.
Home Secretary Theresa May recognised that the government can’t meet its target of reducing
In real terms, when you exclude intra-company transfers, the number of new migrant workers the migrant population solely by restricting workers. She stated that a forthcoming consultation
permitted to enter the UK next year will be down from 27,700 to 20,700. on students will focus on the viability of only permitting overseas students studying for degrees
or entering ‘highly trusted’ colleges to enter the UK. Another route prime for revision is the Post
How will the cap operate? Study Worker (PSW) scheme, which allows students to take jobs at the end of their coursework.
The government has yet to announce how the cap will work in practice. In other countries We don’t expect this visa route to be open much longer.
operating similar schemes, the limit is operated on an annual basis. However, the CBI and many
other interested parties would prefer to see a monthly system in the UK to ensure that businesses In addition, the government plans to cut the current link between temporary workers and their
ability to secure UK permanent residence after spending a continuous period of time (usually five
don’t face the possibility of seeing the annual limit exhausted before April 2012 and closed weeks
years) in the country. We anticipate future announcements to be made in due course detailing new
or even months ahead of a new annual allocation. We therefore expect UK employers to be
tighter restrictions on a migrant’s ability to secure UK permanent residency.

assigned a monthly quota to use in the hiring of overseas migrant workers.

existing migrant workers in the highly skilled category were actually working
in low-skilled jobs, if at all. No doubt many employers could prove otherwise. How easy will it be to transfer existing overseas-based staff to As a leading UK immigration service provider,
Nevertheless, in an effort to beat the cut-off date, a late surge in new the UK?
applications from overseas is anticipated. However, with an interim ‘first Smith Stone Walters will ensure that you’re
Although the intra-company transfer route, which allows international
come, first served’ cap already in place, the last Tier 1 (general) visas will
companies to transfer staff to the UK, is not restricted to a numerical limit,
always kept informed of the policy changes
likely be issued well before the subcategory closes in April 2011. affecting your ability to hire and retain migrant
the eligibility criteria have been made more challenging. After April
Smith Stone Walters of next year, only intra-company transferees earning in excess of workers. Please call your Account Manager to
£40,000 will be permitted to remain in the UK longer than
With much anticipation, we look forward to gaining further details relating to the implementation of
twelve months. Employees earning less
discuss any questions you may have.
the inaugural UK immigration cap. Smith Stone Walters maintains open lines of communication with
than this figure will only be able to remain
UK Border Agency management and will continue to keep our clients informed of all the key changes
in the United Kingdom for a
and announcements made during 2011.
maximum of twelve months.
Merry Christmas and Happy New Year to all our clients.

Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + Q&A
 01 winter 10 INSiGHT from Smith Stone Walters 02 winter 10 INSiGHT from Smith Stone Walters 03 winter 10 INSiGHT from Smith Stone Walters

Intra-company transferees slip through the net! The Cap – Questions & Answers How will the closure of the Tier 1 (highly skilled) route affect UK employers?
With the closure of the Tier 1 ‘highly skilled’ route, employers will be required to use the Tier 2
Following the Migration Advisory Committee (MAC) report to the government on the level for The introduction of a limit on the number of economic scheme to engage migrant workers and thus must accept the additional reporting responsibilities
2011/12 of the annual limits on economic migration to the UK, Home Secretary Theresa May migrants will impact all employers seeking to engage associated with the Tier 2 licensed sponsorship system. Whilst a new Tier 1 ‘exceptional talent’
announced a raft of new measures to strictly control the number that can come into the UK to work workers from outside the European Union. With so route is to be introduced, only 1,000 workers will be permitted to enter the UK via this scheme,
from outside Europe. May said that 21,700 migrant workers will be permitted to enter the United much change planned for next year, we answer the and the Home Office Minister indicated that these workers will be made up of scientists,
Kingdom next year. Much to the relief of the many major UK-based employers, this new limit excludes key questions on the minds of HR representatives and academics, and artists. Most UK employers will therefore have no alternative but to ‘sponsor’
intra-company transfers. managers anxious to see how the cap will affect their migrant workers via Tier 2.
UK business.

Compared to last year, how many migrant

workers will be allowed to enter the UK
between April 2011 and 2012?

QUESTIONS & ANSWERS

QUESTIONS & ANSWERS

Visa type Number issued in 2009 Announced 12-month limit
from April 2011
Tier 1 General – previously 14,000 1,000 (for exceptionally
known as Highly Skilled talented only)
Migrant Programme (HSMP)
Tier 2 General – newly hired 8,500 20,700
migrant workers
editorial

Tier 2 Intra-Company Transfer 22,000 No limit imposed, but

As well as announcing details of the much-publicised limit on the number of skilled non-European
workers that businesses can bring into the country, the Home Secretary also confirmed a restriction
on the existing Tier 1 of the points-based system—the ‘highly skilled’ tier—to all but entrepreneurs,
investors, and people of exceptional talent.
Winners & Losers
The introduction of a cap will impact certain sector-based employers more than others. The ICT
exemption, albeit announced with stricter controls on minimum salary levels, is likely to be seen as
a welcome concession by major UK employers that have lobbied vigorously against any immigration
limit being imposed. Some 22,000 ICTs were issued last year by international firms, and we anticipate
about the same number to be issued next year.
Aside from the imposed limit on Tier 2 ‘new hire’ workers at 20,700, the announcement indicated that
skilled migrants applying via Tier 2 must be seeking to fill graduate level occupations after April 2011.
This change will thwart a number of specialist migrant workers from qualifying next year, including a
majority of non-European chefs and care-workers.
However, the most surprising aspect of the Home Secretary’s announcement
was confirmation that the Tier 1 (general) sub category will close in April
2011. In her speech, May justified the decision by indicating that many
Image courtesy of Adambro
(ICTs) minimum qualifying salary
levels now set
Work Permits Scheme 5,200 Nil (system now closed)
(superseded by the tiered
system)
TOTAL 27,000 (excluding ICTs) 21,700 (excluding ICTs)
Following the MAC recommendation to set the 2011 visa limit between 15,400 and 21,700, the
Home Office Minister decided to set the immigration cap at the higher figure. Of those, 20,700
migrants will be sponsored by UK employers to undertake specific graduate level occupations via
the Tier 2 (general) route, with only 1,000 workers permitted to enter the UK under a revised Tier
What other plans does the government have?
1 ‘exceptional talent’ scheme.
Home Secretary Theresa May recognised that the government can’t meet its target of reducing
In real terms, when you exclude intra-company transfers, the number of new migrant workers the migrant population solely by restricting workers. She stated that a forthcoming consultation
permitted to enter the UK next year will be down from 27,700 to 20,700. on students will focus on the viability of only permitting overseas students studying for degrees
or entering ‘highly trusted’ colleges to enter the UK. Another route prime for revision is the Post
How will the cap operate? Study Worker (PSW) scheme, which allows students to take jobs at the end of their coursework.
The government has yet to announce how the cap will work in practice. In other countries We don’t expect this visa route to be open much longer.
operating similar schemes, the limit is operated on an annual basis. However, the CBI and many
other interested parties would prefer to see a monthly system in the UK to ensure that businesses In addition, the government plans to cut the current link between temporary workers and their
ability to secure UK permanent residence after spending a continuous period of time (usually five
don’t face the possibility of seeing the annual limit exhausted before April 2012 and closed weeks
years) in the country. We anticipate future announcements to be made in due course detailing new
or even months ahead of a new annual allocation. We therefore expect UK employers to be
tighter restrictions on a migrant’s ability to secure UK permanent residency.

assigned a monthly quota to use in the hiring of overseas migrant workers.

existing migrant workers in the highly skilled category were actually working
in low-skilled jobs, if at all. No doubt many employers could prove otherwise. How easy will it be to transfer existing overseas-based staff to As a leading UK immigration service provider,
Nevertheless, in an effort to beat the cut-off date, a late surge in new the UK?
applications from overseas is anticipated. However, with an interim ‘first Smith Stone Walters will ensure that you’re
Although the intra-company transfer route, which allows international
come, first served’ cap already in place, the last Tier 1 (general) visas will
companies to transfer staff to the UK, is not restricted to a numerical limit,
always kept informed of the policy changes
likely be issued well before the subcategory closes in April 2011. affecting your ability to hire and retain migrant
the eligibility criteria have been made more challenging. After April
Smith Stone Walters of next year, only intra-company transferees earning in excess of workers. Please call your Account Manager to
£40,000 will be permitted to remain in the UK longer than
With much anticipation, we look forward to gaining further details relating to the implementation of
twelve months. Employees earning less
discuss any questions you may have.
the inaugural UK immigration cap. Smith Stone Walters maintains open lines of communication with
than this figure will only be able to remain
UK Border Agency management and will continue to keep our clients informed of all the key changes
in the United Kingdom for a
and announcements made during 2011.
maximum of twelve months.
Merry Christmas and Happy New Year to all our clients.

Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + + Q&A + + Q&A
 04 winter 10 INSiGHT from Smith Stone Walters 05 winter 10 INSiGHT from Smith Stone Walters
Latest News – New Guidance for Preventing focus Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Illegal Working clients with a clear and concise account of the key issues.
We trust this section will prove to be both informative and of
New guidance for employers on preventing illegal working has interest to you. Our focus for this quarter falls upon...
recently been published. This guidance will help employers
understand the law on illegal working and what they need to do
to comply.
The new document is an update of the original comprehensive
UK Investor Category
guidance, which was published in February 2008 at the start of the
illegal working civil penalty regime. It includes details of document
checks that employers are advised to undertake and provides
up-to-date images of the documents, stamps, and endorsements Tier 1 (investor) of the points-based
system is an increasingly popular
that need to be presented by migrant workers as evidence of their
right to work in the UK. route of entry to the United Kingdom
for individuals of high net worth
For questions regarding illegal working, contact
wanting to make a substantial
your Smith Stone Walters Account Manager today. financial investment here.
What are the investor
LATEST NEWS
qualifying criteria?
Refined Criteria for Additional Certificates of At least £1,000,000 of disposable
Sponsorship funds is required for individuals
who want to live in the UK via
this immigration route. Under the
The UK Border Agency has published refined criteria that will be applied to Tier 2 (general)
sponsor requests for additional certificates of sponsorship. The criteria have been revised to government’s points-based system, an
guarantee all requests will be approved if they relate to an extension for a work permit holder or investor needs to score a minimum of
75 points. Points are awarded for what
Tier 2 (general) worker already employed by a sponsor.
are called ‘attributes’. In order to be
Requests for additional certificates of sponsorship are considered by a panel of UK Border Agency awarded these, you must have either:
managers, who meet on the first working day of each month. To date, a majority of requests have
Money of your own, held in a
been denied.
regulated financial institution,
If your company needs additional certificates of sponsorship during the imposition of the current which is disposable in the United
‘interim cap’, contact Smith Stone Walters to discuss the options open to you. Kingdom and amounting to
no less than £1 million [75 points
available]
or
December Tier 1 (General) Limit Reached Personal assets, taking into
The limit on the number of initial applications that can be issued under Tier 1 (general) of the account all liabilities, which have
points-based system has been reached for December 2010. This means that no further visas for a value exceeding £2 million.
Assets held by a husband, wife,
Tier 1 (general) applications filed from overseas will be issued in December.
civil partner, unmarried or same
If an individual has already filed a Tier 1 (general) application, the sex partner, either jointly or in
your partner’s own name, can be
authorities won’t be able to issue the visa until the visa allocation for
taken into account when
January 2011 is made available. New Tier 1 (general) applications will
still be accepted before this time, but will be held over until January for assessing your net worth
and
the visa to be issued.
Money under your control, held in
Warning! a regulated financial institution,
With the limit on Tier 1 (general) visas issued from overseas set at which is disposable in the United
Kingdom and amounting to no
600 per month and December’s allocation now filled, an increasing
less than £1 million, that has been
number of applications will be carried over from one month to the
next for issuance. As a consequence, we anticipate the limit for loaned to you by a financial
January 2011 to be filled within the first few days, which means institution regulated by the UK
that individuals planning to file a Tier 1 (general) application may Financial Services Authority (FSA).
not see their visas issued before the scheme closes in April 2011. You are not entitled to mix
We strongly advise all overseas-based Tier 1 applications be filed personal funds and borrowed
without delay. funds in order to meet the total £1
million investment.
Do I need to prove my ability
to speak English to be an
investor?
No. Investors are exempt from the
English language requirement. They
are also not required to provide
additional evidence of their personal
ability to financially support
themselves or any dependants whilst
in the UK.
How long is the investor visa
issued for?
The Tier 1 (investor) visa is initially
granted for three years. An investor
may apply for a visa extension after
the initial three years if they meet
the relevant requirements. It is
possible to apply from abroad for
a Tier 1 (investor) visa or, in some
circumstances, you may be able to
apply to ‘switch’ immigration status
in the UK, depending on which
immigration status you hold. Investors
may eventually acquire indefinite
leave to remain in the UK and/or
obtain British citizenship.
UK: USA:
Smith Stone Walters Ltd Smith Stone Walters
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
111 John Street
Suite 800
New York, NY, 10038
winter 10
Tel: +44 (20) 8461 6660
Fax: +44 (20) 8461 6661
Tel: +1 646 378 4406
Fax: +1 646 378 4409
Email: info@ Email: usa@
smithstonewalters.com smithstonewalters.com
Immigration News & Views from Smith Stone Walters
Are any changes planned to the
investor visa category?
2011/12 UK IN THIS ISSUE
immigration ‘cap’
editorial:
It’s clear that the current coalition 01 Intra-company transferees slip
through the net!
announced – the
government wishes to attract more
overseas investors to this country. q & a:
02 The Cap – Questions & Answers
We therefore believe that this visa
category shall be modified to make
course is set 03
q & a:
The Cap – Questions & Answers
04
latest news:
New Guidance for Preventing
Illegal Working
Refined Criteria for Additional
Certificates of Sponsorship
December Tier 1 (General)
Limit Reached
focus on:
05 UK Investor Category
it more advantageous for high net
worth migrants to make the United
a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
Kingdom their home. Future changes
may include shortening the qualifying
period for settlement from the current
Limited accepts no liability for any action taken based on the contents of this publication.
five years, depending on the size of
the investment to:
5 years for an investment of £1m – 5m
3 years for an investment of £5m –10m
2 years for an investment greater
than £10m.
For further guidance in relation
to the investor category, please
contact your Smith Stone
Walters account manager.
 04 winter 10 INSiGHT from Smith Stone Walters 05 winter 10 INSiGHT from Smith Stone Walters
Latest News – New Guidance for Preventing focus Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Illegal Working clients with a clear and concise account of the key issues.
We trust this section will prove to be both informative and of
New guidance for employers on preventing illegal working has interest to you. Our focus for this quarter falls upon...
recently been published. This guidance will help employers
understand the law on illegal working and what they need to do
to comply.
The new document is an update of the original comprehensive
UK Investor Category
guidance, which was published in February 2008 at the start of the
illegal working civil penalty regime. It includes details of document
checks that employers are advised to undertake and provides
up-to-date images of the documents, stamps, and endorsements Tier 1 (investor) of the points-based
system is an increasingly popular
that need to be presented by migrant workers as evidence of their
right to work in the UK. route of entry to the United Kingdom
for individuals of high net worth
For questions regarding illegal working, contact
wanting to make a substantial
your Smith Stone Walters Account Manager today. financial investment here.
What are the investor
LATEST NEWS
qualifying criteria?
Refined Criteria for Additional Certificates of At least £1,000,000 of disposable
Sponsorship funds is required for individuals
who want to live in the UK via
this immigration route. Under the
The UK Border Agency has published refined criteria that will be applied to Tier 2 (general)
sponsor requests for additional certificates of sponsorship. The criteria have been revised to government’s points-based system, an
guarantee all requests will be approved if they relate to an extension for a work permit holder or investor needs to score a minimum of
75 points. Points are awarded for what
Tier 2 (general) worker already employed by a sponsor.
are called ‘attributes’. In order to be
Requests for additional certificates of sponsorship are considered by a panel of UK Border Agency awarded these, you must have either:
managers, who meet on the first working day of each month. To date, a majority of requests have
Money of your own, held in a
been denied.
regulated financial institution,
If your company needs additional certificates of sponsorship during the imposition of the current which is disposable in the United
‘interim cap’, contact Smith Stone Walters to discuss the options open to you. Kingdom and amounting to
no less than £1 million [75 points
available]
or
December Tier 1 (General) Limit Reached Personal assets, taking into
The limit on the number of initial applications that can be issued under Tier 1 (general) of the account all liabilities, which have
points-based system has been reached for December 2010. This means that no further visas for a value exceeding £2 million.
Assets held by a husband, wife,
Tier 1 (general) applications filed from overseas will be issued in December.
civil partner, unmarried or same
If an individual has already filed a Tier 1 (general) application, the sex partner, either jointly or in
your partner’s own name, can be
authorities won’t be able to issue the visa until the visa allocation for
taken into account when
January 2011 is made available. New Tier 1 (general) applications will
still be accepted before this time, but will be held over until January for assessing your net worth
and
the visa to be issued.
Money under your control, held in
Warning! a regulated financial institution,
With the limit on Tier 1 (general) visas issued from overseas set at which is disposable in the United
Kingdom and amounting to no
600 per month and December’s allocation now filled, an increasing
less than £1 million, that has been
number of applications will be carried over from one month to the
next for issuance. As a consequence, we anticipate the limit for loaned to you by a financial
January 2011 to be filled within the first few days, which means institution regulated by the UK
that individuals planning to file a Tier 1 (general) application may Financial Services Authority (FSA).
not see their visas issued before the scheme closes in April 2011. You are not entitled to mix
We strongly advise all overseas-based Tier 1 applications be filed personal funds and borrowed
without delay. funds in order to meet the total £1
million investment.
Do I need to prove my ability
to speak English to be an
investor?
No. Investors are exempt from the
English language requirement. They
are also not required to provide
additional evidence of their personal
ability to financially support
themselves or any dependants whilst
in the UK.
How long is the investor visa
issued for?
The Tier 1 (investor) visa is initially
granted for three years. An investor
may apply for a visa extension after
the initial three years if they meet
the relevant requirements. It is
possible to apply from abroad for
a Tier 1 (investor) visa or, in some
circumstances, you may be able to
apply to ‘switch’ immigration status
in the UK, depending on which
immigration status you hold. Investors
may eventually acquire indefinite
leave to remain in the UK and/or
obtain British citizenship.
UK: USA:
Smith Stone Walters Ltd Smith Stone Walters
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
111 John Street
Suite 800
New York, NY, 10038
winter 10
Tel: +44 (20) 8461 6660
Fax: +44 (20) 8461 6661
Tel: +1 646 378 4406
Fax: +1 646 378 4409
Email: info@ Email: usa@
smithstonewalters.com smithstonewalters.com
Immigration News & Views from Smith Stone Walters
Are any changes planned to the
investor visa category?
2011/12 UK IN THIS ISSUE
immigration ‘cap’
editorial:
It’s clear that the current coalition 01 Intra-company transferees slip
through the net!
announced – the
government wishes to attract more
overseas investors to this country. q & a:
02 The Cap – Questions & Answers
We therefore believe that this visa
category shall be modified to make
course is set 03
q & a:
The Cap – Questions & Answers
04
latest news:
New Guidance for Preventing
Illegal Working
Refined Criteria for Additional
Certificates of Sponsorship
December Tier 1 (General)
Limit Reached
focus on:
05 UK Investor Category
it more advantageous for high net
worth migrants to make the United
a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
Kingdom their home. Future changes
may include shortening the qualifying
period for settlement from the current
Limited accepts no liability for any action taken based on the contents of this publication.
five years, depending on the size of
the investment to:
5 years for an investment of £1m – 5m
3 years for an investment of £5m –10m
2 years for an investment greater
than £10m.
For further guidance in relation
to the investor category, please
contact your Smith Stone
Walters account manager.