Tier 2 to Tier 1 Entrepreneur switching timeline

Pakistan1 wrote:Congratulations on your success. just to take a guidance from you, should i also submit photocopies of all the original documents ? and my funds are in my personal account for more than 90 days, do i need to provide source of funds as well? i have prepared all the proofs but i wonder, it will make my file too big.

Did you make sets like one set of education degrees, one set of proof of funds etc or you made one file and used separators ?

thx and regards

jonser wrote:Hi Everyone,
Just to say thank you for the support I have received from this thread, I have received my Tier 1 Entrepreneur visa. I submitted loads of documents and took the advice I received from this forum about organising my documents with colourful post-it labels to make it easier for the caseworker to work through. In the spirit of helping other people, here is my timeline and list of documents I submitted as part of my application:

Visa application type: Switching from Tier 2 General to Entrepreneur
Timeline:
Application submitted: 30 October 2015
Biometrics letter dated: 04 November 2015
Biometrics Enrolment: 21 November 2015
Visa approval: 02 December 2015 (6 working days after biometrics enrolment)
Biometrics received: scheduled for redelivery

List of documents submitted
Official Identification Documents
2 x passport photographs
1 x Biometric Residence Permit
2 x International Passports

Documents supporting Genuine Entrepreneur Test
1 x Business Plan including financials
1 x copy of my Curriculum Vitae
1 x Accountant reference letter
4 x Professional Qualification certificates
1 x Professional body membership letter
1 x Professional body membership card
1 x Professional Indemnity insurance certificate
1 x Insurance statement of fact
1 x Insurance policy schedule
4 x client contract letters
4 x website printout
3 x domain registration printout

Documents supporting access to funds

1 x Business current account statement showing balance of over £50,000
1 x Business savings account statement showing balance of over £150,000
1 x letter from the bank confirming that I am the sole signatory and balance on accounts
1 x letter from the bank confirming that I am the sole signatory on accounts
1 x third party funding letter (I provided 3rd party funding letter because the money was already in my business account and not my personal account)
1 x legal representative letter confirming validity of third party funding letter
1 x Unaudited Company accounts
1 x Account compilation report
1 x Companies House Certificate of Incorporation
1 x Companies House Current Appointment Report
1 x Signed Director Loan agreement
1 x Memorandum and Articles of Association from Companies House
1 x Share Certificate from Companies House
1 x Director welcome letter from Companies House
1 x HMRC Tax welcome letter

Documents supporting Maintenance funds

2 x Bank personal current account statement (I included 2 because one was printed at the bank and the other I had to put together from the monthly paper statements I received at my address)

Documents supporting English Language
1 x Masters’ Degree certificate

Others

1 x Proof copy of my novel (publishing is one of the services my company will offer so I included this to show that I knew what I was doing)
1 x Accountant contract letter
1 x Cover Letter listing all the documents I submitted

I hope this helps.

Ps: Please note that some of the documents I submitted are not pertinent but I submitted them anyway to ensure that I had a solid case with little room for refusal. Also I didn't employ the services of a lawyer except for the legal representative letter which cost me only £60

jonser wrote:I was sponsored by a different company and also a director in my company. The visa rules for TIER 2 visa clearly state that you can work up to 20 hours a week in a different role as long as it is in the same profession on which your visa was issued and the work you do does not interfere with your duties and work hours you were contracted to perform.

Tier1newbie wrote:

jonser wrote:I was sponsored by a different company and also a director in my company. The visa rules for TIER 2 visa clearly state that you can work up to 20 hours a week in a different role as long as it is in the same profession on which your visa was issued and the work you do does not interfere with your duties and work hours you were contracted to perform.

So does that mean that you can open a company or start working self employed as technically its not employment if you open a company. I am asking this as one of my mates had to go back when they did not qualify this as employment. They said that as you are a sole proprietor of the company you are a owner and not an employee even if you are taking pay as a director, hence the rejection. Guess the company will be under someone else's name in your case.

jonser wrote:

Tier1newbie wrote:

jonser wrote:I was sponsored by a different company and also a director in my company. The visa rules for TIER 2 visa clearly state that you can work up to 20 hours a week in a different role as long as it is in the same profession on which your visa was issued and the work you do does not interfere with your duties and work hours you were contracted to perform.

So does that mean that you can open a company or start working self employed as technically its not employment if you open a company. I am asking this as one of my mates had to go back when they did not qualify this as employment. They said that as you are a sole proprietor of the company you are a owner and not an employee even if you are taking pay as a director, hence the rejection. Guess the company will be under someone else's name in your case.

I am the sole director of my company and my name is on the company registration documents as well as the company bank accounts. How else would I have provided all the company documents as well as bank statements? Bear in mind that being self employed and being a director in a company are two different things. You cannot be registered as self employed while being sponsored by a TIER 2 sponsor. I was not registered as Self Employed. I am a Director.

jonser wrote:Yes, I am both a shareholder and sole director of my company. I don't think it is possible for someone to be a sole director in a company and not be a shareholder. That said, I suspect that your friend's company may have been providing services or selling goods in a profession different from that in which he was sponsored.

gigs4082 wrote:Hi Jonser,

First off congratulations on your successful application. I have a quick question for you -
I noted in other posts that you intended to switch to Tier 1 Ent. from Tier 2 Gen. and wanted to know if time spent on these two visas can be combined to get ILR 5 years. Were you able to confirm this or are you going for 10 year route now?

I am in a similar boat and would appreciate you feedback.

many thanks,
G

Newguy200k wrote:Hi josner...hearty congratulations on your successful application. This board is really helpful for new guys like me. Thanks for active support from all members. Need some help on 2 points, detailed below.

I am planning to apply this month, with 3rd party funds. My friend (British Citizen) and who will be my partner in new business is having the funds in his personal account and he is ready to invest in the new business - IT Services - ERP - Cloud and SaaS. We are planning to start a new business and register it after my T1 E visa approval.

1. Bank statement with my friend's confirmation about investment is enough? or do we need bank to endorse that funds are available for new business. I guess, my doubt is when my friend is ok to invest, why should we need bank's endorsement? You will need to provide the bank letter under paragraph 41 SD (i) of the imigration rules. Every third party needs to provide a letter from the bank confirming the details as requested. I know it is really stupid and does not mean anything but xurrently they are just looking for reasons to refuse any application

2. Do I need to have my own company registered ( but not to do business) and / or have a registration with HMRC. I am at present on Tier 2 General and paying tax to HMRC thru my employer, is that enough? No need to register the company but as you mentioned there is no harm in just registering the company and becoming a director to show that you are serious. Preparing a website would help as well. Good Luck with your application.

Thanks in advance for your help. Cheers.