• Insights

Further Guidance on Immigration Law Changes

January 18, 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

At a Glance

The UK Home Office has updated its guidance documents in line with the changes in immigration rules which took effect January 11, 2018. The update provides further clarification on sponsorship obligations under Tier 2 and on the entrepreneur visa category.


The situation

The UK Home Office has updated its guidance documents in line with the changes in immigration rules which took effect January 11, 2018. Key updates are noted below:

Changes to sponsorship obligations under Tier 2

  • Restrictions on timing of applications
    • New rule. Tier 2 visa applications can be filed no more than three months before the intended start date.
    • Prior rule. There was no restriction on the timing of applications.
    • Impact. Since processing times in the United Kingdom are relatively predictable, this should not affect the foreign workers’ start dates.
  • Start date delay restriction
    • New rule. The start date of a foreign worker can be delayed for no more than 28 days. If the start date is delayed further, a new application is required.
    • Prior rule. The start date could be delayed for any period. 
    • Impact. This was already introduced in the policy guidance but it is now also reflected in the rules. Foreign nationals are advised to check the start date of their entry visa to ensure timely travel. Sponsors are advised to carefully plan start dates.
  • Change in notification requirement
    • New rule.  Sponsors must notify the Home Office if their business size definition change, according to Home Office guidance, changes from small to large or vice versa. A small business is defined as having less than 50 employees or turnover less than GBP 10.2 million.
    • Prior rule. Sponsors whose business size changed were required to notify the Home Office only upon filing a renewal application.
    • Impact. This imposes an additional administrative burden on the sponsor.
  • Employees can no longer certify documents
    • New rule. Employees of sponsors are no longer authorized to certify documents.  
    • Prior rule. Lawyers employed by sponsors could certify copies of documents.
    • Impact. The change only affects applications where certified copies are accepted, such as sponsor license applications. For those applications, applicants must now go through external counsel or non-employed notaries to certify documents. 
  • Relaxed rule for ILR eligibility.
    • New rule. Tier 2 migrants applying for indefinite leave to remain (ILR) will no longer be required to have been continuously employed throughout the qualifying period to be eligible for ILR. Note that Tier 2 migrants who are no longer working for their sponsor are still liable to have their leave curtailed to 60 days if the migrant stops working for the original sponsor.
    • Previous rule. Tier 2 migrants must not have had more than 60 days' break in employment to be eligible for ILR.
    • Impact. Foreign nationals under the Tier 2 category may benefit from the removal of this requirement but must still act promptly to regularise their status or leave the United Kingdom if their sponsored employment ends.

 

Changes to Entrepreneur Visa

  • Restriction on third-party funding
    • New rule. Close family members are no longer permitted to provide funding for foreign entrepreneurs.
    • Prior rule. Any third party could provide eligible funding for entrepreneur applications.
    • Impact. Applicants must submit declarations confirming the relationship with third parties providing funding.
  • Changing from student to entrepreneur status
    • New rule. Students changing to Tier 1 (Entrepreneur) status inside the United Kingdom can only use funding from the Entrepreneurial Seed Competitions Department, UK Government Departments or Devolved Government to support their application.
    • Prior rule. All eligible types of funding for entrepreneur status could be used for in-country change of status applications.
    • Impact. Students are required to leave the country and apply from abroad to use funding from other sources.
  • Changing highly-skilled permit to entrepreneur status
    • New rule. Applicants must submit extensive additional documents, including previous client contracts for services, to change status from Tier 1 (General) to Tier 1 (Entrepreneur) from inside the United Kingdom. 
    • Prior rule. Applicants were required to submit standard documents for entrepreneur applications for in-country changes of status.
    • Impact. Foreign nationals must leave the country and apply from abroad if they cannot submit the additional documents.

 

Other clarifications

  • Tier 1 Exceptional Talent. As the Home Office originally stated, the number of available endorsements (places available) for the Tier 1 Exceptional Talent category will double from 1,000 to 2,000 places per year. The new guidance states that half this limit will be split between the designated competent bodies and the other half will be on a first-come-first-serve basis available to all designated bodies.
    • Background. The designated competent bodies are The Royal Society (sciences), The Royal Academy of Engineering (engineering), The British Academy (humanities and social sciences), Arts Council England (performing, visual and literary arts) and Tech City UK (digital tech companies).
    • Impact. There will be more Tier 1 Exceptional Talent visas available as the government is encouraging applications to this route.
  • Researchers and Resident Labour Market Test (RLMT). Exemptions from the RLMT are being added for researchers who are in supernumerary research positions (those that are in addition to normal staffing requirements) and have been issued a scientific research award or fellowship, and also for established research team members sponsored by either a Higher Education Institution or a Research Council. The rules as published in December did not state that this was for supernumerary roles.
    • Impact. Employers who sponsor qualifying researchers will see a faster Tier 2 application process.

 

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

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Julia Manacher and Stephanie Weaver examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Citizenship Law

Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.

Learn more

Awards

Fragomen Professionals Named 2026 TLC Lions Human Awards Americas Finalists

Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Julia Manacher and Stephanie Weaver examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Citizenship Law

Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.

Learn more

Awards

Fragomen Professionals Named 2026 TLC Lions Human Awards Americas Finalists

Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

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
July 16, 2026 | CanadaCanada: Permanent Residence Sponsorship Applications Under the Parents and Grandparents Program Pause Update
July 17, 2026 | ChadChad: Visa-Free Entry for African Nationals Forthcoming
July 17, 2026 | CroatiaCroatia: Wide-ranging Immigration Reforms, Adoption of Certain Recast Single Permit Directive Rules
July 17, 2026 | United KingdomUnited Kingdom: Draft Code on Expanded Right to Work Scheme Clarifies Employer Obligations
July 17, 2026 | United StatesUnited States: H-1B Cap Is Reached for FY 2027
July 16, 2026 | CanadaCanada: Permanent Residence Sponsorship Applications Under the Parents and Grandparents Program Pause Update
July 17, 2026 | ChadChad: Visa-Free Entry for African Nationals Forthcoming
July 17, 2026 | CroatiaCroatia: Wide-ranging Immigration Reforms, Adoption of Certain Recast Single Permit Directive Rules
July 17, 2026 | United KingdomUnited Kingdom: Draft Code on Expanded Right to Work Scheme Clarifies Employer Obligations
July 17, 2026 | United StatesUnited States: H-1B Cap Is Reached for FY 2027
July 16, 2026 | CanadaCanada: Permanent Residence Sponsorship Applications Under the Parents and Grandparents Program Pause Update
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.