Immigration Minister Damian Green announced that "sports people are no longer eligible for entrepreneur visas and have to apply through the appropriate routes, through the points-based system. They will not be granted a visa unless they have been properly endorsed by their respective governing body".
The Tier 1 Entrepreneur route allows migrants to set up their own business in the UK. They must meet the point's requirements in order to qualify. In order to obtain entry clearance or leave to remain in this category, the migrant needs to accumulate 75 points for attributes and 10 points for maintenance and the English Language requirement. The full requirements can be found at paragraphs 245D to 245DF of the Immigration Rules.
In Brief, migrants are required to show funds of no less than £200,000 (or £50,000) in a regulated financial institution and the money must be disposable in the UK. Further, the migrant must employ at least 2 people in order to qualify. Wessels satisfies the requirements by contracting himself as a player and has employed staff to run his personal website. The creation of employment for settled workers is said to demonstrate the migrant's contribution to UK economy.
The English language requirement can be satisfied by way of the following:
- Passing an English language test (as detailed in the Tier 1 Entrepreneur policy guidance)
- Holding a degree taught in English and equivalent to a UK Bachelors degree or higher
- Being a member of an majority English speaking Country
The maintenance requirements provide that, migrants applying for entry clearance in this capacity, need to show a minimum of £2,800 of personal savings held for at least 90 consecutive days. Those migrants applying in country to switch into this category will need to show a minimum of £800 of personal savings held for 90 consecutive days. Evidence must be in the form of cash funds (including saving accounts) but not shares, bonds or pension funds.
Migrants may not use the money held in their £200,000 investment as evidence of maintenance funds.
Where migrants apply for entry clearance, they will be granted 3 years and 4 months leave to enter the UK. Migrants applying from inside the UK (where their previous leave to remain was not as a Tier 1 Entrepreneur migrant) will be granted 3 years leave to remain. Those already here on a Tier 1 Entrepreneur visa and who are applying for an extension of leave to remain will be granted 2 years.
Potential applicants are encouraged to check the immigration Rules and published policy guidance for full details as to the requirements. Alternatively, please do not hesitate to contact one of our experienced advisors for more assistance on 0207 569 3035 or email us at info@ergensharif.co.uk