When is a job “skilled” and when is it not? And more specifically when is a chef “skilled” and when are they not? These interesting questions may come to mind for restaurant or hotel owners who cannot easily find sufficiently skilled chefs to cook their food. In some cases they would like to take advantage of the Tier 2 sponsorship scheme to sponsor chefs so that they can come to the UK and work for them. Chefs from outside the EEA
Until 6 November 2014 Tier 1 Investors could fulfil the requirements of the visa scheme on the basis of an investment of £1 million. But the Home Office had come to the conclusion that this was a paltry sum, and on that date the minimum amount of investment was dramatically increased to £2 million (but the accelerated routes for investments of £5 million and £10 million remained unscathed). Fortunately for existing Tier 1 Investors, the Home Office did not
Many readers may be aware of or familiar with the Tier 2 sponsorship scheme. This scheme enables non-EEA migrants to work in skilled jobs for UK employers. Such migrants hold Tier 2 Skilled Worker visas – sometimes known under the older terminology as Work Permits. Employers who wish to employ Tier 2 migrants have to hold a Tier 2 sponsor licence. Sponsor licences are jealously guarded by the Home Office, and indeed the whole Tier 2 structure is very strictly governed.
The Tier 1 Entrepreneur route is now closed to new applicants but those already in the system will still be able to apply for extension or settlement, so it will be with us for a few years to come. And, not for the first time, a genuine and well-meaning entrepreneur has fallen foul of the rules and requirements, as recently recorded by the Court of Appeal in a surprising case called “Sajjad”. Mr Sajjad, a Pakistani national, ran a restaurant business as