• Insights

Tier 1, 2, and 4 and Indefinite Leave to Remain Changes

June 25, 2018

insight-news-default

Country / Territory

  • United KingdomUnited Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

The situation

Numerous changes to the Tier 1, Tier 2, Tier 4 and Indefinite Leave to Remain categories will take effect on July 6, 2018.

Tier 2 main changes

  • More shareholders excluded from Tier 2 status. Currently, foreign nationals are excluded from Tier 2 status if they own over 10% of shares in the UK sponsor company. Under the new rules, foreign nationals will also be excluded if they own over 10% of shares in a parent company of the UK sponsor.
    • Impact. Significant shareholders will move toward the Tier 2 Intra-company Transfer or Tier 1 Investor categories.

 

Tier 1 main changes

  • More applicants eligible for Tier 1 (Exceptional Talent) status. Eligibility for the Tier 1 (Exceptional Talent) category will be widened to include the fashion industry, more film and television awards, and film and television nominations and awards over a longer period of time.
  • Since Croatian nationals will be work permit exempt effective July 1, 2018, these nationals will no longer count towards the quota for the Tier 1 (Exceptional Talent) category, effectively freeing up the quota for other nationalities.
    • Impact. More foreign nationals will be eligible under the Tier 1 (Exceptional Talent) category.
  • More scrutiny on Tier 1 (Investor) funds. Financial institutions signing off on the investment portfolio will be required to confirm that funds were indeed invested in qualifying investments, and that no loan was secured against the invested funds.
    • Impact. Investors will be subject to more forensic scrutiny.

 

Tier 4 main changes

  • Soft copy degrees accepted. Under the new rules, authorities will accept print-outs of an applicant’s degree certificate, provided that these are issued by the online checking service of the institution that issued the degree. Currently, authorities only accept an original hard copy degree certificate.
    • Impact. Applicants without a hard copy degree certificate can more quickly apply for Tier 4 status since they will not have to reobtain a hard copy.  
  • More students can sponsor dependants. The minimum duration of postgraduate courses required to qualify to bring dependants to the United Kingdom will be reduced from 12 to nine months.
    • Impact. More postgraduate students will be able to bring their eligible family to the United Kingdom.
  • More nationalities qualify for streamlined processing. The list of countries has been updated. The following nationalities will have to submit less documents for Tier 4 applications under the new rules: Bahrain; Cambodia; The Dominican Republic; Indonesia; Kuwait; The Maldives; Mexico; and China. Oman has been removed from the list, meaning nationals from Oman will have to submit more documents. The updated rules also offer more clarity on dual nationality holders.
    • Impact. Nationals from these countries will benefit from a simpler application process.

 

Indefinite Leave to Remain (ILR) changes

  • Obligation to confirm ILR status after lengthy absence. Where an individual holding ILR has been outside the United Kingdom for two years or more, they will have to apply for entry clearance and demonstrate strong ties to the United Kingdom to confirm their ILR status. Previously, an entry clearance application was advisable rather than mandatory.
    • Impact.  ILR permit holders who leave the United Kingdom for extended periods may face a stricter and more time-consuming re-entry path.
  • Special long-term residence permit for Turkish nationals. Following recent case law that Turkish business persons, workers and their family did not qualify for ILR, the new legislation will introduce a special long-term residence permit status for these applicants. Turkish nationals will qualify for this permit after five years of lawful residence in the United Kingdom and must be able to demonstrate civic integration (evidence of English language skills and knowledge of life in the United Kingdom).
    • Impact. Turkish nationals in these categories will benefit from a new long-term residence status option.  

 

Looking ahead

The above listed changes will take effect on July 6, 2018. Fragomen expects UK sponsors to receive immediate relief in terms of greater availability of Restricted Certificates of Sponsorship. The quota may still be exceeded due to a large backlog that has grown since December 2017, however the minimum salary required to be successful in application should reduce.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • United KingdomUnited Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B fee ruled unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Video

Mexico Entry Requirements for the 2026 FIFA World Cup | #MobilityMinute

Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.

Learn more

Media mentions

PitchBook: Trump’s $100K H-1B Fee Was Meant to Slow Foreign Tech Hiring. It May Not Be Working.

Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.

Learn more

Video

Swiss Naturalization: Understanding the Framework | #MobilityMinute

Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.

Learn more

Video

UAE Hiring Update: Degree Equivalency | #MobilityMinute

In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B fee ruled unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Video

Mexico Entry Requirements for the 2026 FIFA World Cup | #MobilityMinute

Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.

Learn more

Media mentions

PitchBook: Trump’s $100K H-1B Fee Was Meant to Slow Foreign Tech Hiring. It May Not Be Working.

Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.

Learn more

Video

Swiss Naturalization: Understanding the Framework | #MobilityMinute

Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.

Learn more

Video

UAE Hiring Update: Degree Equivalency | #MobilityMinute

In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 11, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
June 11, 2026 | GermanyDeutscher AnwaltSpiegel: Die Blaue Karte EU 2026
June 11, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 11, 2026 | Republic of the PhilippinesPhilippines: Centralized Processing of Alien Employment Permits
June 11, 2026 | QatarQatar: Qatarisation Developments - Aligning Talent with Market Needs via Kawader
June 11, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
June 11, 2026 | GermanyDeutscher AnwaltSpiegel: Die Blaue Karte EU 2026
June 11, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 11, 2026 | Republic of the PhilippinesPhilippines: Centralized Processing of Alien Employment Permits
June 11, 2026 | QatarQatar: Qatarisation Developments - Aligning Talent with Market Needs via Kawader
June 11, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.