Important Updates
Important Updates
December 23, 2025 | United StatesUnited States: USCIS Suspends Approvals of Pending Diversity Visa Adjustment Applications While Security Reviews Are Conducted
December 24, 2025 | United StatesUnited States: District Court Judge Issues Opinion Upholding $100,000 H-1B Fee
December 23, 2025 | United StatesFranceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire
December 23, 2025 | CanadaToronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take
December 23, 2025 | United StatesUnited States: DHS Issues Final Rule to Replace Random H-1B Cap Lottery with Wage-Level-Based Weighted System for H-1B Cap Allocation in Time for Implementation in Early 2026
December 23, 2025 | United StatesUnited States: USCIS Suspends Approvals of Pending Diversity Visa Adjustment Applications While Security Reviews Are Conducted
December 24, 2025 | United StatesUnited States: District Court Judge Issues Opinion Upholding $100,000 H-1B Fee
December 23, 2025 | United StatesFranceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire
December 23, 2025 | CanadaToronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take
December 23, 2025 | United StatesUnited States: DHS Issues Final Rule to Replace Random H-1B Cap Lottery with Wage-Level-Based Weighted System for H-1B Cap Allocation in Time for Implementation in Early 2026
December 23, 2025 | United StatesUnited States: USCIS Suspends Approvals of Pending Diversity Visa Adjustment Applications While Security Reviews Are Conducted
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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
  • 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

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

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.