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Tier 1 Entrepreneur visa switching

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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MrQuestion
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Joined: Thu Dec 03, 2020 4:21 pm

Tier 1 Entrepreneur visa switching

Post by MrQuestion » Tue Apr 13, 2021 9:35 am

Hello everyone. I have a few questions about visa switching. I'm currently in the extension phase of my Tier 1 Entrepreneur visa. I will become eligible for ILR in November 2021 (roughly 7 months from now).

I've been offered the potential of employment with a company, including sponsorship under the new Skilled Worker visa. Although my business is doing well, I'm still strongly considering the offer. The Tier 1 Entrepreneur route has been brutally difficult, and the thought of taking an easier path is appealing...

Anyway, a few questions:

1) If I were to switch visa classes, from T1E to SW, is there any issue with my path to ILR in November?
2) One of my worries is that I switch, but for some reason the job doesn't work out and I'm no longer employed by them and haven't yet reached the ILR cut-off date. What happens then? Do I need to get a new SW sponsorship quickly? It seems risky.
3) Let's say I actually took the job AFTER I was eligible for ILR under the current T1E. If I obtained a SW visa after being eligible for ILR, and then applied for ILR, would the SW terms apply? Meaning, I wouldn't have to provide evidence related to the T1E?

Lastly, and slightly unrelated to the above:

4) I'm slightly confused on the jobs requirement during extension. My extension took more than 7 months, at which time my employees continued to be employed. Is it correct that the time in-between submission of the extension and actual approval does NOT count as the second "2 jobs for 12 months" requirement?

Any assistance from this community would be hugely helpful. Thanks everyone.

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zimba
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Re: Tier 1 Entrepreneur visa switching

Post by zimba » Tue Apr 13, 2021 10:16 am

1. No. Time spent under Tier 1E counts for ILR under SW visa
2. UKVI often have to curtail your leave. Until that happens, you can stay and seek new employment
3. If you are on SW visa, SW rules apply. However, for the period you spent as Tier 1E, UKVI can ask to see evidence that you were not in breach of the conditions
4. All evidence will be evaluated based on the date of your application. Job creation requirement applies to the period after each grant of a new leave under Tier 1E.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

MrQuestion
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Re: Tier 1 Entrepreneur visa switching

Post by MrQuestion » Tue Apr 13, 2021 10:39 am

Thanks for the speedy reply, Zimba.

My takeaways:

1) Brilliant, so no issue with ILR.
2) So taking this job presents pure risk if something "bad" happens between now and ILR.
3) Perfect. So as long as I've been compliant during my extension, which I have been, there shouldn't be any issue. If they even ask for evidence, anyway.
4) That's rough. So the 7 months I've employed my team during the extension process counts for nothing. Brutal.

One last question, related to my BRP. Having waited 7 months for the extension, I've now waited 4.5 months for my BRP. I keep getting told there's a "technical issue". I've reached out to all the usual email addresses, and recently submitted a formal complaint (which is due for response by next week). Can you suggest anything else I can do? Is this typical? Should I contact my MP? From what I understand, I can't travel without my BRP, and with COVID restrictions lifting soon, I'm basically trapped. Does this also impact my ability to switch to a SW visa (not having my BRP)?

Thank you!

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zimba
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Re: Tier 1 Entrepreneur visa switching

Post by zimba » Tue Apr 13, 2021 3:15 pm

Not having a BRP should not be an issue for visa application. Unfortunately, BRPs are being delayed significantly
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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