HELP in my confusing case( Tier 1 to student to ILR)

nitmitt · Post by **nitmitt** » Thu Mar 11, 2021 9:37 pm

Hello all,
I hope i am asking on right thread.

I am currently on Tier1 Entrepreneur Visa(which is going to expire May 2022). I have created a Ltd company of which I am a sole Director. I am still not able to create any job as just before covid I launched some packaged snacks where my plan was to employ and market this through events and targets pubs, cafe etc. (which shut down and all festivals got cancelled) and i was stuck. Now due to uncertainty and less time. I am thinking to switch to a student visa in September 2021, 1 year + 2 year post study visa( which makes more than 10 year in the country legally for me).

Sept 2014 : Tier4 Student visa
May 2019 : Tier 1 ( there was 1 year gap from home office in giving decision to my application where i was living in the UK only)

1. Will i be able to apply for ILR through this route?

2. Can i get any Covid support from GOV. As i am director of the company which is still legally running and before covid, i spend money on launching new products/trademark/buying van and was doing some festivals.

3. Any other option i have got i mean I can still do festivals but would i be eligible to employ anyone in the Govt scheme? Like Kickstart ?

Any suggestion/ feedback would be much appreciated.
Regards
Nitesh

marcnath · Post by **marcnath** » Thu Mar 11, 2021 10:10 pm

nitmitt wrote: ↑
Thu Mar 11, 2021 9:37 pm
Hello all,
I hope i am asking on right thread.

I am currently on Tier1 Entrepreneur Visa(which is going to expire May 2022). I have created a Ltd company of which I am a sole Director. I am still not able to create any job as just before covid I launched some packaged snacks where my plan was to employ and market this through events and targets pubs, cafe etc. (which shut down and all festivals got cancelled) and i was stuck. Now due to uncertainty and less time. I am thinking to switch to a student visa in September 2021, 1 year + 2 year post study visa( which makes more than 10 year in the country legally for me).

Sept 2014 : Tier4 Student visa
May 2019 : Tier 1 ( there was 1 year gap from home office in giving decision to my application where i was living in the UK only)

1. Will i be able to apply for ILR through this route?

2. Can i get any Covid support from GOV. As i am director of the company which is still legally running and before covid, i spend money on launching new products/trademark/buying van and was doing some festivals.

3. Any other option i have got i mean I can still do festivals but would i be eligible to employ anyone in the Govt scheme? Like Kickstart ?

Any suggestion/ feedback would be much appreciated.
Regards
Nitesh

1. Yes, if you complete 10 years on any visa combination you can apply for ILR. Delay in visa application processing has no impact unless you became an overstayer during that time.
2. Yes, you can.
3. Yes to this also

nitmitt · Post by **nitmitt** » Thu Mar 11, 2021 10:45 pm

Many thanks for your reply and I feel much relaxed now.

if you could share your valuable feedback on Govt Support.

https://secure.manchester.gov.uk/info/5 ... ns_grant/3

I checked i am eligible to this scheme.

My pvt Ltd company is registered in Manchester address ( postal address)( companies house &HMRC) as i do not have a physical office/ or shop. ( was doing food festivals and launched packaged snacks under trademark brand registered to my company)

AS my food business is registered with southampton city council and bank account also with Southampton address. which council i can apply?
And will this be consider as public grants? as Tier 1 Visa states no access to Public fund.

2. is it okay to do delivery through Amazon flex(gig jobs) with Tier 1 visa. or its not allowed? Also if someone give contract of delivery to my company(like a written contract to deliver stuff) and instead of employee i deliver the stuff that personally will it be allowed?

marcnath · Post by **marcnath** » Fri Mar 12, 2021 10:17 am

nitmitt wrote: ↑
Thu Mar 11, 2021 10:45 pm
Many thanks for your reply and I feel much relaxed now.

if you could share your valuable feedback on Govt Support.

https://secure.manchester.gov.uk/info/5 ... ns_grant/3

I checked i am eligible to this scheme.

My pvt Ltd company is registered in Manchester address ( postal address)( companies house &HMRC) as i do not have a physical office/ or shop. ( was doing food festivals and launched packaged snacks under trademark brand registered to my company)

AS my food business is registered with southampton city council and bank account also with Southampton address. which council i can apply?
And will this be consider as public grants? as Tier 1 Visa states no access to Public fund.

2. is it okay to do delivery through Amazon flex(gig jobs) with Tier 1 visa. or its not allowed? Also if someone give contract of delivery to my company(like a written contract to deliver stuff) and instead of employee i deliver the stuff that personally will it be allowed?

I have no idea which council you would go to - it is not an immigration matter. Check with the council directly.

No, you can't do gig jobs with Tier 1.

If you are the only employee of a company that has got contract to deliver, I suspect that it comes very close toing in violation of the terms. But it probably depends on a lot of things - there are no clear definitions here.

zimba · Post by **zimba** » Fri Mar 12, 2021 1:35 pm

The Tier 1E rules can be interpreted as if only business-to-business type of work is allowed, known as a contract for service. If you personally have to provide a service to a business then you have a contract of service and you are running a personal service company (PSC). This is regardless of whether you are self-employed or a director because you end up working in the capacity of an employee. People who work like that can easily fall foul of the 'genuineness' requirement under the rules if UKVI seeks to review your business contracts. Also, note that many 'gig economy' providers perform 'right to work' checks with UKVI. UKVI will then may notice that you are seeking work and that may make your life harder when you apply for ILR.
I am simply letting you know what could potentially happen if you choose to work in such a capacity.

See: uk-tier-1-entrepreneur-visas/contract-w ... l#p1445105

nitmitt · Post by **nitmitt** » Fri Mar 12, 2021 7:49 pm

I got it now. I had applied for Amazon flex but did not took a single job.(and wont do in future)

Many thanks both of you.
Its great help to me and also you are helping lots of people in this community.

Kind Regards
Nitesh

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HELP in my confusing case( Tier 1 to student to ILR)

HELP in my confusing case( Tier 1 to student to ILR)

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Re: HELP in my confusing case( Tier 1 to student to ILR)

Re: HELP in my confusing case( Tier 1 to student to ILR)