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Switch from Tier 4 to Tier 1 (Entrepreneur)

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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kuza200794
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Switch from Tier 4 to Tier 1 (Entrepreneur)

Post by kuza200794 » Tue Oct 19, 2021 1:56 pm

Hello,

Could somebody please help me to find the proof that it wasn't allowed to switch from Tier 4 (General) to Tier 1 (Entrepreneur) with £200K funds requirement from within the UK?

Home Office is stating that I was allowed to switch in the UK and they are referring to the clause 245DD (e)(xxi)(1) from the Immigration Rules. However, I can clearly remember that it was only the option when you are sponsored by a seed fund or one of the government bodies and the fund requirement would be £50K.
If you use your own or 3rd party money, there requirement was £200K and I could only switch from outside the UK.

I've spend days now to find the proof of that, but the relevant page on gov.uk has been changed since they replaced this type of visa with Start-up and Innovator. Does anybody know where to look for the proof please?

Many thanks

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zimba
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Re: Switch from Tier 4 to Tier 1 (Entrepreneur)

Post by zimba » Tue Oct 19, 2021 2:27 pm

The provision to allow Tier 4 students to switch to this route under paragraph 245DD (e)(xxi)(1) of the rules was removed on 29 March 2019 from the immigration rules. There was no limit on switching from within the UK as long as you fit the criteria mentioned. You can see this paragraph in the archived rules in place before this date.
(xxi) as a Tier 4 (General) Student and, in respect of such leave, is or was last
sponsored by:
(1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department for the Economy in Northern Ireland, the Office for Students, the Higher Education Funding Council for Wales, the Scottish Funding Council or any other provider registered with the Office for Students; or
(2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom; or
(3) an Embedded College offering Pathway Courses, or
(4) an independent school,
Table 4 of Appendix A of the rules used to show the attributes:
(a) At least £200,000 is available to the applicant or their business, or has been invested in their business due to their activity, or

(b) At least £50,000 is available to the applicant or their business, or has been
invested in their business due to their activity, from:
(i) one or more registered venture capital firms regulated by the
Financial Conduct Authority (FCA),
(ii) one or more UK Entrepreneurial seed funding competitions listed as
endorsed on the Department for International Trade pages of the
GOV.UK website, or
(iii) one or more UK Government Departments, or Devolved
Government Departments in Scotland, Wales or Northern Ireland, and
made available by the Department(s) for the specific purpose of
establishing or expanding a UK business, or

(c) At least £50,000 is available to the applicant or their business, or has been
invested in their business due to their activity, and the applicant:
(i) is applying for leave to remain, and
• (ii) has, or was last granted, leave as a Tier 1 (Graduate Entrepreneur)
Migrant.
Archived rules from March 2019: https://assets.publishing.service.gov.u ... 2-2019.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kuza200794
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Re: Switch from Tier 4 to Tier 1 (Entrepreneur)

Post by kuza200794 » Wed Oct 20, 2021 9:29 am

Thank you very much for the quick reply Zimba,

It's very frustrating as the Immigration Rules don't explicitly state that those applicants who apply with £200,000 available didn't have an option to switch from within the UK back then.

I am in the process of appealing the decision on a different application and in the refusal letter HO said that I had an option to switch from within the UK which is not true.

kuza200794
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Posts: 4
Joined: Tue Oct 19, 2021 1:48 pm

Re: Switch from Tier 4 to Tier 1 (Entrepreneur)

Post by kuza200794 » Wed Oct 20, 2021 9:46 am

I've read thoroughly the Immigration Rules that were relevant back then (attached) and I think I found the paragraph that proofs that I wasn't able to apply for leave to remain from within the UK.

Under 'Attributes for Tier 1 (Entrepreneur) Migrants' section paragraph 36 (b) says
"An applicant who is applying for leave to remain and has, or was last granted, leave as
a Tier 4 Migrant will only be awarded points under (b)(ii) or (b)(iii) in Table 4."

Those attributes say
"(ii) one or more UK Entrepreneurial seed funding competitions listed as
endorsed on the Department for International Trade pages of the
GOV.UK website, or
(iii) one or more UK Government Departments, or Devolved Government
Departments in Scotland, Wales or Northern Ireland, and made
available by the Department(s) for the specific purpose of establishing or expanding a UK business, or"

This means, as I understand, that if I applied in the UK, I wouldn't get the points for either of those, because the funds that were available to me were my family's money. Hence, I didn't have an option to switch from within the UK and I had to go back to my home country and apply for entry clearance.

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zimba
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Re: Switch from Tier 4 to Tier 1 (Entrepreneur)

Post by zimba » Wed Oct 20, 2021 12:46 pm

kuza200794 wrote:
Wed Oct 20, 2021 9:29 am
Thank you very much for the quick reply Zimba,

It's very frustrating as the Immigration Rules don't explicitly state that those applicants who apply with £200,000 available didn't have an option to switch from within the UK back then.

I am in the process of appealing the decision on a different application and in the refusal letter HO said that I had an option to switch from within the UK which is not true.
Because the claim that you had to leave the UK is not correct as per rules. You could have switched in the UK normally as long as you had 200K (Table 4 section a). The claim that you had to leave the UK is not correct
kuza200794 wrote:
Wed Oct 20, 2021 9:46 am
This means, as I understand, that if I applied in the UK, I wouldn't get the points for either of those, because the funds that were available to me were my family's money. Hence, I didn't have an option to switch from within the UK and I had to go back to my home country and apply for entry clearance.
No it means you could not get the points by using 50K of your own money as per Table 4(b). Instead, you could have qualified by using your own money but with at least 200K as per Table 4(a).

Table 4 had three options to qualify and so you could qualify under either of them (a) or (b) or (c). This is very clear
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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