Switching from Tier 2 ICT into Tier 1 Entrepreneur

VijayaM27 · Post by **VijayaM27** » Wed Nov 20, 2013 11:47 am

Hi,

I am currently on Tier 2 ICT Long term and want to switch into Tier 1 Entrepreneur. There is no specific UKBA guidance on this but it seems any Tier 2 Visa holder can switch into Tier 1. Would like to get your views on this.

Also, I haven't come across any in-country switching from Tier 2 ICT to Tier 1 Ent which made me curious.

Thanks..

Lucapooka · Post by **Lucapooka** » Wed Nov 20, 2013 11:53 am

VijayaM27 wrote:There is no specific UKBA guidance on this but it seems any Tier 2 Visa holder can switch into Tier 1. Would like to get your views on this.

There is specific UKBA guidance in the guidance document for T1 (Ent) applications. You may have overlooked it but please refer to Para 21.

http://www.ukba.homeoffice.gov.uk/sitec ... dance1.pdf

A Tier 2 migrant, in this case, is defined as any of the Tier 2 categories.

VijayaM27 · Post by **VijayaM27** » Wed Nov 20, 2013 11:58 am

Thanks for your prompt reply. I have gone through this guidance but was misleaded by a post on this forum.

Lucapooka · Post by **Lucapooka** » Wed Nov 20, 2013 12:02 pm

For your other concern, Tier 2 (ICT) is generally a very secure situation and so hardly any migrants in this category would feel the need to switch out of this.

VijayaM27 · Post by **VijayaM27** » Wed Nov 20, 2013 12:09 pm

You are right, but unfortunately there is no provision for settling in UK and you always have to leave after 5 years(I completed 2.5 years and have leave to remain until July next year). I started exploring other options so I can continue to work(self employment) in UK without a hindrance.

Lucapooka · Post by **Lucapooka** » Wed Nov 20, 2013 3:21 pm

Great, but as long as you know that you can't aggregate T2 and T1 (ent) for ILR.

alshanky · Post by **alshanky** » Fri Apr 29, 2016 1:02 pm

Hi Vijaya,

My sister is also at the same situation. She came here in 2013 on a tier 2 (ICT) dependent visa and has been working both as Ltd company Director (contractor) and as a permanent (for a short time). Could you please give me some guidance if you have gone ahead and done your switching?

Thanks

noajthan · Post by **noajthan** » Fri Apr 29, 2016 1:07 pm

Member VijayaM27 last active on forum in Nov 2013

geriatrix · Post by **geriatrix** » Fri Apr 29, 2016 1:08 pm

alshanky wrote:Hi Vijaya,

My sister is also at the same situation. She came here in 2013 on a tier 2 (ICT) dependent visa and has been working both as Ltd company Director (contractor) and as a permanent (for a short time). Could you please give me some guidance if you have gone ahead and done your switching?

Thanks

Your sister is "not" at the same situation. She is a dependant, the OP wasn't! She cannot switch.

alshanky · Post by **alshanky** » Fri Apr 29, 2016 1:11 pm

Where does it state tier 2 (ICT) dependent can't switch into this category?

CR001 · Post by **CR001** » Fri Apr 29, 2016 1:15 pm

alshanky wrote:Where does it state tier 2 (ICT) dependent can't switch into this category?

Switch = to apply WITHIN the UK. She cannot switch. She has to apply from home country.

https://www.gov.uk/tier-1-entrepreneur/ ... -this-visa

9. Switch to this visa
You may be able to switch to a Tier 1 (Entrepreneur) visa.

You should apply before your current visa expires.

You can apply to switch to this visa if you meet the eligibility requirements and you’re already in the UK under one of the following categories:

Tier 1 (General)
Tier 1 (Investor)  
Tier 1 (Graduate entrepreneur)  
business person  
innovator  
Highly Skilled Migrant Programme  
work permit holder  
self-employed lawyer  
writer, composer or artist  
investor  
International Graduate Scheme (or its predecessor, the Science and Engineering Graduate Scheme)  
Fresh Talent: Working in Scotland Scheme  
Tier 2  
prospective entrepreneur  
a visitor who has been carrying out permitted activities as a prospective entrepreneur
You can also switch from one of the following categories if you have specific types of funding:  

Tier 1 (General)
Tier 1 (Post-study work)  
Tier 4  
student  
student re-sitting an examination  
student nurse  
student writing up a thesis  
postgraduate doctor or dentist
You must leave the UK and make your application from abroad if you’re in another category.

alshanky · Post by **alshanky** » Fri Apr 29, 2016 1:22 pm

why does she have to apply from home country when she is already here in the UK on Tier 2 ICT dependent category? Can't she switch into Tier 1 Enterpreneur category from Tier 2 ICT?

CR001 wrote:
alshanky wrote:Where does it state tier 2 (ICT) dependent can't switch into this category?
Switch = to apply WITHIN the UK. She cannot switch. She has to apply from home country.

https://www.gov.uk/tier-1-entrepreneur/ ... -this-visa
9. Switch to this visa
You may be able to switch to a Tier 1 (Entrepreneur) visa.

You should apply before your current visa expires.

You can apply to switch to this visa if you meet the eligibility requirements and you’re already in the UK under one of the following categories:

Tier 1 (General)
Tier 1 (Investor)  
Tier 1 (Graduate entrepreneur)  
business person  
innovator  
Highly Skilled Migrant Programme  
work permit holder  
self-employed lawyer  
writer, composer or artist  
investor  
International Graduate Scheme (or its predecessor, the Science and Engineering Graduate Scheme)  
Fresh Talent: Working in Scotland Scheme  
Tier 2  
prospective entrepreneur  
a visitor who has been carrying out permitted activities as a prospective entrepreneur
You can also switch from one of the following categories if you have specific types of funding:  

Tier 1 (General)
Tier 1 (Post-study work)  
Tier 4  
student  
student re-sitting an examination  
student nurse  
student writing up a thesis  
postgraduate doctor or dentist
You must leave the UK and make your application from abroad if you’re in another category.

CR001 · Post by **CR001** » Fri Apr 29, 2016 1:27 pm

alshanky wrote:why does she have to apply from home country when she is already here in the UK on Tier 2 ICT dependent category? Can't she switch into Tier 1 Enterpreneur category from Tier 2 ICT?

CR001 wrote:https://www.gov.uk/tier-1-entrepreneur/ ... -this-visa
You must leave the UK and make your application from abroad if you’re in another category.

No she can't. These are the rules. The only visa she could switch to within the UK is a spouse settlement visa (which is obviously not relevant to her). She cannot switch to Tier 1 Ent or Tier 2 General within the UK.

alshanky · Post by **alshanky** » Fri Apr 29, 2016 1:40 pm

CR001 wrote:https://www.gov.uk/tier-1-entrepreneur/ ... -this-visa
You must leave the UK and make your application from abroad if you’re in another category.

[/quote]
No she can't. These are the rules. The only visa she could switch to within the UK is a spouse settlement visa (which is obviously not relevant to her). She cannot switch to Tier 1 Ent or Tier 2 General within the UK.[/quote]

Not sure if you read my post properly or not. She is trying to switch from Tier 2 ICT (Dependent) visa category to Tier 1 Enterpreneur NOT Tier 2 General as you have mentioned. I don't think there are any restrictions to this

alshanky · Post by **alshanky** » Fri Apr 29, 2016 1:46 pm

https://www.gov.uk/government/uploads/s ... 4_2016.pdf

28.You are allowed to make an initial application in the UK for leave to remain as a Tier 1
(Entrepreneur) migrant if you are currently in the UK with permission to stay as:
▪ a Highly Skilled migrant;
▪ a Tier 1 (Post-Study Work) migrant; ▪ a Tier 1 (General) migrant;
▪ a Tier 1 (Entrepreneur) migrant; ▪ a Tier 1 (Investor) migrant;
▪ a Tier 1 (Graduate Entrepreneur)
migrant;
▪ a Businessperson; ▪ an Innovator;
▪ a Work Permit holder; ▪ a Writer, Composer or Artist;
▪ a Self employed Lawyer; ▪ a participant in the International
Graduates Scheme (or its predecessor,
the Science & Engineering Graduate
Scheme);
▪ an Investor; ▪ a participant in the Fresh Talent: Working
in Scotland Scheme;
▪ a Tier 2 migrant; ▪ a visitor who has been undertaking
permitted activities as a prospective
entrepreneur.

geriatrix · Post by **geriatrix** » Fri Apr 29, 2016 1:50 pm

Is your sister a Tier 2 migrant? No she is a PBS (Tier 2) dependant!!! Her husband is a Tier 2 migrant, not she!!! The husband may switch ... but you are asking about your sister, right!!

1. Do you see "Tier 2 dependant" or "dependant" mentioned in the list of immigration categories allowed to switch?
2. Do you understand what the text underlined by CR001 means?

If you still aren't convinced, read 245DD(e). It will show you the same list of categories - and please observe the absence the word "dependant" as in the lists posted above.
If after that you remain unconvinced, ask a competent lawyer.

If even that doesn't convince you, please ask your sister to apply!! Perhaps a refusal will ..... convince you!

alshanky · Post by **alshanky** » Fri Apr 29, 2016 2:14 pm

geriatrix wrote:

Is your sister a Tier 2 migrant? No she is a PBS (Tier 2) dependant!!! Her husband is a Tier 2 migrant, not she!!! The husband may switch ... but you are asking about your sister, right!!

1. Do you see "Tier 2 dependant" or "dependant" mentioned in the list of immigration categories allowed to switch?
2. Do you understand what the text underlined by CR001 means?

If you still aren't convinced, read 245DD(e). It will show you the same list of categories - and please observe the absence the word "dependant" as in the lists posted above.
If after that you remain unconvinced, ask a competent lawyer.

If even that doesn't convince you, please ask your sister to apply!! Perhaps a refusal will ..... convince you!

Thanks for your comments. As far as I know/remember, there was no distinction between a Tier n visa issue to the main applicant and their dependents. In fact T2 ICT dependents have more power to work for any employer while the main applicant resides/stays in UK. So I assumed the generic reference to "Tier 2 Migrant " refers both the main applicant and his dependent(s). I may be wrong, but I haven't found any guidance regarding this.

zimba · Post by **zimba** » Fri Apr 29, 2016 2:15 pm

A person with a dependant visa is NOT technically part of the point based system and therefore cannot switch to a different category as she/he wishes. A dependant's immigration status is entirely dependant on his/her partner. If the main applicant partner switches to some other category, all dependants of him/her are allowed to switch too.

A dependant visa holder is NOT allowed to change from being a PBS dependant to another category of the point based system unless they apply FROM OUTSIDE the UK.

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Switching from Tier 2 ICT into Tier 1 Entrepreneur

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Re: Switching from Tier 2 ICT into Tier 1 Entrepreneur

Re: Switching from Tier 2 ICT into Tier 1 Entrepreneur

Re: Switching from Tier 2 ICT into Tier 1 Entrepreneur

Re: Switching from Tier 2 ICT into Tier 1 Entrepreneur

Re: Switching from Tier 2 ICT into Tier 1 Entrepreneur

Re: Switching from Tier 2 ICT into Tier 1 Entrepreneur

Re: Switching from Tier 2 ICT into Tier 1 Entrepreneur