Tier 2 to Tier 1 Entrepreneur

Hello,

I am currently on Tier 2 General visa. I studied in England, and had PSW visa earlier and then switched to Tier 2 General visa.

• 1. Can I switch to Tier 1 Entrepreneur visa?
  2. Do I have option to switch under both £50k or £200k category?
  3. I am under Tier 2 General for 2 years. If I switch to Tier 1 Entrepreneur now and stay for another 3 years in England, will I be eligible for ILR?
  4. Can Tier 1 Entrepreneur dependants work in UK?
  5. If my Tier 1 Entrepreneur visa gets rejected for any reason, will my current Tier 2 General visa be still valid and active?

Thanks in advance.

I am currently on Tier 2 General visa. I studied in England, and had PSW visa earlier and then switched to Tier 2 General visa.
1. Can I switch to Tier 1 Entrepreneur visa?
Yes you can switch to Tier 1 Entrepreneur visa from Tier 2 General

2. Do I have option to switch under both £50k or £200k category?
You have option of 200K route

3. I am under Tier 2 General for 2 years. If I switch to Tier 1 Entrepreneur now and stay for another 3 years in England, will I be eligible for ILR?

You need to spend 5 years on Tier 1 Entrepreneur visa to get ILR as per current rules time spend in only Tier 1 visa (except PSW) will be counted towards ILR , maybe in future they will change the rules.

4. Can Tier 1 Entrepreneur dependants work in UK?

Yes I think they will be able to work .

5. If my Tier 1 Entrepreneur visa gets rejected for any reason, will my current Tier 2 General visa be still valid and active?[/list]

No I don't think so your someone's Tier 2 General will get affected if they don't get visa
Hope this will answer all your questions.

I'm actually in exactly the same situation (Tier 4 -> PSW -> Tier 2 General, now looking to switch to Tier 1 Entrepreneur), and from my understanding you can use either the £200K route or the £50K from VC route.

WRT time to ILR - my company did this for me through an immigration lawyer, and when I asked him about switching visa categories in the future and the impact on ILR, his answer was: "You may amalgamate your time as a Tier 2 (General) migrant together with your time as a Tier 1 (Entrepreneur) to make up the 5 years."

Do any of the experts here have a different opinion?

@ 2014drobin,

1. Can I switch to Tier 1 Entrepreneur visa?
2. Do I have option to switch under both £50k or £200k category?

Ans: You can either switch through 50k Venture capital route or 200k route. You cannot use the 50k in personal or third party account route as this is only for those with existing PSW visa.

3. I am under Tier 2 General for 2 years. If I switch to Tier 1 Entrepreneur now and stay for another 3 years in England, will I be eligible for ILR?

Ans: You can get ILR after 3yrs under Tier 1 entrepreneur if your business get a turnover of £3million or employed 10 full time workers within the first 3yrs. Apart from this, you cannot combine 2yrs Tier 2 general with 3yrs tier 1 entrepreneur except if the combination will be to apply for 10yrs long residency ILR.

4. Can Tier 1 Entrepreneur dependants work in UK?

Ans: Your dependant will be able to do any type of work with the exceptions stipulated on the visa which is usually (Restricted work No DR/dentist training).

5. If my Tier 1 Entrepreneur visa gets rejected for any reason, will my current Tier 2 General visa be still valid and active?

Ans: If your tier 1 entrepreneur visa is refused, you will be able to complete whatever remains on your existing tier 2 general visa.

@Olasunkanmi

Nice one , good information . Thanks

Thanks sindhoo and Olasunkanmi.

Is there a list of registered venture capitals list? I couldn't find one in FCA site.

Also re: long stay visa (10 years),
I was in UK from Mar'2007 to Apr'2008, and then came back to UK in Jan'09. Will that gap of 9 months be considered? Are there any exceptions for considering more than 180 days gap period?

@ 2014drobin, gap of 9months break your continuous stay. Only 180days break is allowed.

Copy from Immigration rules Appendix A Table 6 (indefinite leave to remain)

"The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified period must have been spent with leave as a Tier 1 (Entrepreneur) Migrant, as a Businessperson and/or as an Innovator, of which the most recent period must have been spent with leave as a Tier (1) (Entrepreneur) Migrant."

So it is clear that under this category you cannot combine time spent under any other category but the rules for the 10 year ILR do not have this distinction so you can combine any time spend under any category if applying for ILR on the basis of 10 yrs.

I found a venture capital firm (with right FCA permissions etc) and will be happy to share info if you want.

Thanks