Lowering of Tier 1 (Entrepreneur) English Language Requirement to B1 (HC 760)

Policy effect

Lowers the English language proficiency threshold for applicants in the Tier 1 (Entrepreneur) category from CEFR level C1 (advanced) to level B1 (intermediate).

Conditions and exceptions

Also applied to Tier 1 (Graduate Entrepreneur) for consistency, although graduates already pass English requirements by virtue of UK degree completion.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

4.3 The other changes to the Immigration Rules will come into force on 13 December 2012. The changes in paragraphs 2, 10 to 17, 19, 21 to 25, 27 to 34, 36 to 43, 45 to 48, 50 to 56, 58 to 65, 67 to 74, 76 to 82, 84 to 86, 88 to 91, 93 to 97, 99 to 101, 103 to 105, 107 to 111, 113 to 114, 116, 121, 123 to 125, 127 to 128, 130 to 138, 147 to 149, 152, 154 to 155, 171, 172, 173, 174, 179, 180, 181, 182,186,187, 189, 190, 191, 192, 194 to 195, 197 to 198, 238 to 239, 248 to 249, 251 to 252, 254 to 258, 285 to 286, 288 to 301 and 303 to 304, 327, 328, 335 and 336, which relate to Tier 1 of the Points-Based System and/or the restriction against working as a doctor or dentist in training, permitted absences for settlement and dependants of Points Based System migrants, and some minor amendments to Tier 4 will apply to all applications decided on or after that date. In respect of the other changes, if an applicant has made an application for entry clearance or leave before 13 December 2012 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 12 December 2012. 5. Territorial Extent and Application 5.1 This instrument applies to the United Kingdom. 6. European Convention on Human Rights 6.1 As this Statement of Changes in the Immigration Rules is subject to the negative resolution procedure and does not amend primary legislation, no statement is required. 7. Policy Background 7.1 A summary of the policy changes contained in this Statement of Changes in Immigration Rules follows: Amendments to Tier 1 of the Points-Based System 7.2 Tier 1 of the Points-Based System caters for high value migrants, and currently consists of five categories: Tier 1 (Exceptional Talent), Tier 1 (General) – closed except for extension applications, Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Graduate Entrepreneur). 7.3 The Tier 1 (Exceptional Talent) category caters for world-leading talent in the fields of science, humanities, engineering and the arts. Changes were made to improve this route in HC 565 (laid before Parliament on 5 September 2012), including provision for some applicants in other categories to switch in-country. A correction is now being made to enable those applicants to be granted three years’ leave to remain (as intended), rather than two years. Another correction is being made to ensure applicants are not automatically awarded points for English language ability unless they have proven their ability (or that they are exempt from the requirement) in an earlier application. 7.4 In April 2011 substantial changes were made to the Tier 1 (Entrepreneur) and Tier 1 (Investor) categories. The Home Office has been reviewing the effectiveness of these changes as they bedded in. As a result, a number of minor changes are being made to these categories. 7.5 The following changes are being made to the Tier 1 (Entrepreneur) category, which caters for those with financial backing who are coming to the UK to set up, take over, or otherwise be actively involved in the running of a business in the UK: • Applicants normally require funding of £200,000, but this is reduced to £50,000 if the funding is from a specified source, which includes UK Government Departments. This provision is being expanded to include funding from Departments of Devolved Administrations. • The English language requirement is being lowered from level C1 (advanced) to level B1 (intermediate), in line with other Points-Based System categories, in response to concerns that the high requirement was a possible deterrent to potentially successful entrepreneurs.

Review method

Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate

Other United Kingdom changes operative in 2012

• 2012-02-29The Immigration (Biometric Registration) (Amendment) Regulations 2012
• 2012-04-06Permitted paid engagements: one-month visitor route introduced
• 2012-11-08The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012
• 2012-12-13Expansion of Permitted Supplementary Employment to Shortage Occupations (HC 760)
• 2012-12-31Expansion of Pre-Entry Tuberculosis Screening to Additional Countries and Clinics