Important Updates
Important Updates
July 11, 2025 | United Arab EmiratesThe National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible
July 11, 2025 | CanadaCanada: Cap Introduced for Family Reunification Applications in Quebec
July 11, 2025 | CyprusCyprus: New EU Blue Card Rules Adopted
July 11, 2025 | FinlandFinland: New Employment Commencement Notification Obligation for Employers
July 11, 2025 | 🌐Minimum Salary Changes Announced
July 11, 2025 | United Arab EmiratesThe National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible
July 11, 2025 | CanadaCanada: Cap Introduced for Family Reunification Applications in Quebec
July 11, 2025 | CyprusCyprus: New EU Blue Card Rules Adopted
July 11, 2025 | FinlandFinland: New Employment Commencement Notification Obligation for Employers
July 11, 2025 | 🌐Minimum Salary Changes Announced
July 11, 2025 | United Arab EmiratesThe National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

A Little Taxing - Tier 1 General Migrants Applying for Settlement in the UK

February 20, 2018

Louise-

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Louise Senior - web porthole

Louise Senior

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9159

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise Senior - web porthole

Louise Senior

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9159

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise Senior - web porthole

Louise Senior

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9159

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Louise Senior

Many will be aware that the Tier 1 General category closed to new applicants on 31 March 2011. Extension applications were no longer accepted from April 2015 and those remaining Tier 1 General migrants are required to make settlement applications (provided of course that they qualify) no later than 5 April 2018. 

Who qualifies for settlement?

A Tier 1 General migrant may apply for settlement after five continuous years of lawful residence in the UK. In addition to passing the Life in the UK test and meeting the normal absences threshold, applicants must also score a sufficient number of points across a range of criteria including:

  • age;
  • English language;
  • education; and
  • earnings.
 

The latter requirement will be the focus of this article.

 
Evidencing earnings
 
For applicants who are evidencing earnings made from employment, the documents required can be gathered fairly easily. Typically this will include payslips (showing gross income, tax paid and net income), corresponding bank statements (to show the receipt of disclosed earnings) and P60s for the relevant period.

For self-employed applicants, or applicants who are taxed as both an employee and as a self-employed contractor (i.e. a director of a company who also freelances), however, the situation can be far more complex. Where an applicant is claiming earnings for self-employment in the UK, it is a mandatory requirement to provide additional documentation to demonstrate that earnings are genuine and taxed appropriately.

A worrying trend

Last month, the Daily Mail reported the story of Dr Kazmi, who worked at Birmingham’s Queen Elizabeth Hospital and faced deportation after a failed settlement application. The refusal was due to an HMRC tax issue related to a failed business venture, which presumably meant that he did not obtain sufficient points for the earnings requirement of the application.

Whilst Dr Kazmi’s visa type has never been confirmed, it is likely that he held a Tier 1 General visa. This is because the basis of his refusal has become an unfortunate trend noted by a number of practitioners. Many have reported seeing an increase in refusals for settlement applications where there are discrepancies in the evidence of earnings submitted to the Home Office and the earnings declared to HMRC. This has also included evidence submitted as part of a previous Tier 1 General application and not the settlement application under consideration.

Of further concern, however, is the Home Office’s tendency to also combine the reasons for refusal using the “General grounds for refusal” provisions, in particular:

“the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct”

What does this mean?

If a Tier 1 General application is refused, the applicant has only 14 days to submit an administrative review. This requires the Home Office to re-examine the case within 28 days, looking for an error in the decision-making process, based on the facts and documents originally presented. Whilst the administrative review is under process, the applicant may continue to live and work in the UK. Unless there has been a blatant error in the Home Office’s judgement, this is likely to attract a similar decision.

If a decision refers to the applicant being of ‘undesirable character’ or having behaved with ‘undesirable conduct’, this may even carry removal directions, providing them with a very limited time to finalise their personal and business affairs and leave the UK.

Further, a refusal on the “general grounds” invariably would mean a future immigration application would become more difficult. This is because an applicant would be expected to demonstrate why any previous grounds for refusal would not apply on a subsequent application - in no way an easy task.

Some top tips for those relying on self-employed earnings

It goes without saying that collating and aligning financial evidence is by no means an easy task, especially where complex tax and payment structures exist. With the added pressure of a looming submission deadline, applicants may well ‘throw in their lot’ and be inadvertently caught short by the lack of transparency over their true earnings.

In view of the above, some top tips to help applicants who have not yet submitted a settlement application include:

  1. Seek legal advice before the submission of an application where concerns are held regarding financial evidence.
  2. Ensure that any earnings previously declared as part of a Tier 1 General/ILR application can be easily explained.
  3. Clearly set out with evidence and preferably with the help of an accountant, any instances of discrepancies with earnings declared to HMRC.
  4. If asked to attend an interview, request permission to be accompanied by a legal representative.
  5. If the nature of self-employed earnings is so complex and concerns remain over tax payments, consider making an application to remain in the UK on another basis where possible (e.g. Tier 2).

 

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Louise Senior - web porthole

Louise Senior

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9159

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise Senior - web porthole

Louise Senior

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9159

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise Senior - web porthole

Louise Senior

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9159

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Games Industry: What the UK Government’s Industrial Strategy and Immigration White Paper Mean for the UK Games Industry

Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Learn more

Video

Grace Period for Submission of Documents for Temporary Residence Permits Eliminated in Portugal | #MobilityMinute

In this Mobility Minute, Senior Consultant Ada Plant discusses how Portugal's Agency for Integration, Migration and Asylum (AIMA) no longer accepts incomplete temporary residence applications.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

The Irish Times: AI Technologies Being Used in Effort to Reduce Risk of Fraud in Immigration Process

Partner Ángel Bello Cortés discusses how Ireland’s Department of Justice is rolling out AI tools to reduce fraud risks in the immigration process.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Blog post

Charting a Course: Securing Space-Sector Talent Amid UK Immigration Reforms

Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Games Industry: What the UK Government’s Industrial Strategy and Immigration White Paper Mean for the UK Games Industry

Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Learn more

Video

Grace Period for Submission of Documents for Temporary Residence Permits Eliminated in Portugal | #MobilityMinute

In this Mobility Minute, Senior Consultant Ada Plant discusses how Portugal's Agency for Integration, Migration and Asylum (AIMA) no longer accepts incomplete temporary residence applications.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

The Irish Times: AI Technologies Being Used in Effort to Reduce Risk of Fraud in Immigration Process

Partner Ángel Bello Cortés discusses how Ireland’s Department of Justice is rolling out AI tools to reduce fraud risks in the immigration process.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Blog post

Charting a Course: Securing Space-Sector Talent Amid UK Immigration Reforms

Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.