Indefinite leave to remain what are the fast tracks forgetting it this year.
we're going to have a look at that let's make a start on the detail. First of all,
I'm Tom Bradford if you want help with any fast tracks to indefinite leave to
remain or citizenship in the UK by all means let me know I'd be happy to help,
you can contact me by email or whatsapp. So let's have a look at the
slide I've prepared for this live stream and we had a quick look at this
yesterday in yesterday's live stream but I want to focus on the fast tracks now
Basically they are these you can apply for an entrepreneur visa and create ten
full-time jobs that is then a fast-track to indefinite leave to remain after
three years or you can create an increase in turnover of five million so
that also gives you a fast-track to indefinite leave to remain after three
years in the UK. Or you can invest under the five million investor visa route
that would get you to indefinite leave to remain after three years as well. The
fastest fast-track if you'd like is the investor visa route at ten million that
gets you indefinite leave to remain after two years. So I dealt with an
application recently for a South African client who applied under the 10 million
route so that put him on that fast track. In fact they were also applications for
his son's under the same fast track. let's have a look at the next one that
the exceptional talent route that gives you a fast-track to indefinite leave to
remain after three years. Now what are the criteria for these. So I'm going to
have a look at the key extracts with you from the relevant provisions and we'll
have a look at how you can achieve this for yourself. So the routes are relatively
restricted but the criteria by far from impossible to achieve it really depends
on your circumstances so I'm going to start with the exceptional talent route.
You've got to be endorsed by a recognised designated competent body
and these are the Arts Council in England, the British Academy, Royal
Academy, the Royal Society for Natural Sciences and medical science.
So that's definitely one which is worth having a look at which I've had
experience of. There's the Royal Academy of Engineering again
that's applicable to many applicants and then there's Tech Nation for digital
technology applications. So, we got a couple of applications at the moment
through tech nation and a point that I've made before is that people often
don't realize they can apply under the exceptional talent route it may be
because they're simply modest or they're not even aware of the route
existing so you do see people applying under other routes like the
entrepreneur visa route and investor visas and in fact they could
have applied under the exceptional talent route and it could have got them
to their intended destination faster. so if you look at the two million investor
visa route I have seen people who could have in fact qualified
and they could have in fact qualified under the exceptional
talent provisions that would have actually got them to indefinite leave to
remain faster than investing two million in the UK. They could have satisfied the
criteria and they would have qualified after three years and if you think about
what you have to do to qualify after three years under the other visa routes
it's actually quite onerous so investing five million for example in the in UK
companies that for some may be quite a lot of capital to park in UK
stock at the moment and also the the other route so the entrepreneur route
that get you to indefinite leave to remain after three years so in creating
an increase in turnover of five million that's subject to market factors you
can't necessarily determine from the outset you or be confident from the
outset you're going to do that likewise creating ten full-time jobs can be a big
administrative burden so if you can qualify under this and get an
endorsement from tech nation for example then
that's usually preferable. Let's have a look at the other provisions so the
designated competent bodies have two sets of criteria:
(i) there's the exceptional talent criteria that's what we're looking at now for
this fast track route that's for applicants who have already demonstrated
that they have made a significant contribution as a leader to their field
now there's a distinction between this and (ii) the exceptional promise criteria
that's for applicants who maybe earlier in their careers but have already shown
the potential to make significant contributions as a leader in their field.
That's basically the subject of the endorsement the relevant bodies confirm
whether or not you satisfy the criteria and after that the civil servant really
has to grant the application I mean there's there's still a discretion to
refuse it but once you've got the endorsement for the competent body your
application will very likely go through. so there's a distinction here you can
see between promise and potentiality and you having actually made a significant
contribution as a leader in your field and that's more of an onerous criteria
to satisfy. It's easier to satisfy the exceptional promise criteria there you
know you might be a PhD student for example and you have support from some
leading researchers in your field who may be able to secure an endorsement for
you through one of those designated bodies and there is a question about of
showing potential which, is easier than showing an actual contribution. However
we do have in fact a couple of applications we're doing at the moment
so in one case a lady who is fantastically intelligent and has made a
tremendous contribution in connection with engineering but it's a software
application of that which will have really great benefits in her field
and will potentially save lives and in fact she fell between several of those
bodies so she could have actually got an endorsement from at least two of those
bodies on the list. Another one is in the technology space
and it's someone who's invented a new form of coding which is going to have a
major technological and security implications so for those two, we're
making applications on the exceptional talent basis in that they have made that
contribution but you don't have to do that if you want to do that then you're
on to the fast track but if you just want to go down the potential route show
that you know evidence that you demonstrate promise then you're on the five year track
route. An important point here is that well does it make any difference any
real difference for you in order to qualify for British citizenship you've
still got to have five years under your belt so does it really make any
difference if you apply for indefinite leave to remain early? Well for some it
may do particularly the uncertainty of at the moment around Brexit. I
can't see this really affecting EEA Nationals especially under these
accelerated routes and really given that these routes had intended to incentivize
people to come to the UK as opposed to under other programs in other
jurisdictions I expect that the government will want to maintain
particularly this route I mean among all of the anti-immigration rhetoric that we
see from Theresa May she has specifically mentioned this route as
being evidence of Britain's willingness to encourage the best and the brightest
to the UK. So that's the exceptional talents and exceptional promise route, I'm
going to produce some some more videos on this and dive into a bit more detail
but I just want to have a look at the the other fast tracks with you now. So
we've covered that now let's just have a look at the investor visa fast tracks so
if you've invested at least two million in UK or five million or ten million for
accelerated settlement then you qualify. so this is the key provision here let me
just just zoom in on this
so it's three years if you can demonstrate that you've invested five
million and two years if you've invested 10 million. So those are the key
provisions I mean this is relatively straightforward in terms of satisfying
the criteria simply about the availability of funds and the origin
of funds at the moment. You will have probably seen in the news recently
that the investor visa route appeared to have been discontinued but that was in
fact due to a government miscommunication and it was
retracted alternatively put: the visa route was reinstated
I think the bigger picture is that the government's looking
to reform this route I think it's going to become more difficult to apply under
this route in the future so if you're applying under the current rules now if
the funds are available and they can be invested into shares and UK companies
for example you can do that through a discretionary fund manager then it is a
straight forward route to satisfy you you may want to have the funds available
in an account for three months before applying or the whole due diligence
process can be prolonged. However if you do this I think in comparison with the
other visa routes that get you an accelerated path to settlement, this is
possibly the most straightforward. Now let's have a look at the others
so this is just an extract from the relevant provisions for the
entrepreneurs. Now you recall we had to look at the entrepreneurs here so
there's the two routes: (i) either you create ten jobs or (ii) you increase the
revenue by five million or more . This is the one which I think is possibly the
most onerous to satisfy just on a practical level in terms of what you
have to do. So you can apply settle in the UK under the entrepreneur visa route
after five years. Accelerated settlement is available within three years for the
most successful entrepreneurs who creates ten or more full-time jobs or have a
business income of five million or more. so if you are investing into an existing
company, then you'd need to show that
there was an increase in income in revenue from the point at which you
invested so there's got to be some causal connection between your
investment and the the increase in the income or if you've got a
a complete new co and your application has been granted on that basis
then you can
show that the the initial revenue was five million or more and within three
years that might be quite difficult for most businesses to achieve unless you've
really got a business perhaps a software business that you can scale up very
quickly or you have a software as a service business something like that.
Alternatively, creating ten jobs is easier to control but you have
to make sure that all of the regulatory requirements and legal requirements are
satisfied & it goes without saying that you must have paid the minimum wage.
if you have particularly in that in the techs fear where people are working
voluntarily on a looser basis, then it's more fluid then it can be difficult to
evidence you've created those ten full-time jobs so it's worth planning
ahead if you want to do that to make sure you've got all the evidence you
need and prove that you've created those ten full-time
jobs for the specified period. So look that's the overview- I hope this was
helpful these are the fast tracks to indefinite
leave to remain in the UK. I'll be producing more on this subject soon so
if you do want to subscribe please feel free to go ahead and do so.
If you like this video hit the like button and by all means drop me an email
or message me on whatsapp if you want help with any of the matters raised in
this video. I'll see you in the next live stream tomorrow, bye for now.