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Consideration of visa switching from T1E to Hong Kong BNO visa

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

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mapreader
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Posts: 49
Joined: Sat Jul 28, 2018 3:59 pm
Hong Kong

Consideration of visa switching from T1E to Hong Kong BNO visa

Post by mapreader » Sun Nov 08, 2020 8:35 am

I am on a T1E visa and will meet 5 years requirement in 2021 for ILR.

On the other hand, we are from Hong Kong and have the BNO passports. Recently there was new guideline published allowing residence visa application for BNO passport holders. The BNO visa allows the holder to apply for ILR after living here for 5 years. If the holder already spent time in the UK on a route to settlement, this time will count towards the 5 years.

More information about the BNO visa:
https://www.gov.uk/guidance/hong-kong-b ... plications

We keep running the business for the T1E visa purpose. However, due to COVID-19, there is problem with it. We are doing our best to manage it. However, we cannot help ourselves to worry about the final ILR application outcome.

Therefore, we are seriously considering whether to switch to the BNO visa (application will open in Jan 2021). It appears to be an easier alternative for us to achieve the ILR route.

I have following questions in mind, and would like to seek some advicey:
1. For a person holding T1E visa, if he/she applies switching to another visa (like this BNO visa), before the outcome of the new visa, am I right the original T1E visa is still valid?
2. In case the new visa was not approved (though I think unlikely for the BNO visa as long as the criteria can be met), again is the original T1E visa still valid?

In short I am hoping to understand if there would be any risk to void the T1E visa, associated with the visa switching.

Thanks in advance for all the advice.

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marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Consideration of visa switching from T1E to Hong Kong BNO visa

Post by marcnath » Sun Nov 08, 2020 9:29 pm

mapreader wrote:
Sun Nov 08, 2020 8:35 am
I am on a T1E visa and will meet 5 years requirement in 2021 for ILR.

On the other hand, we are from Hong Kong and have the BNO passports. Recently there was new guideline published allowing residence visa application for BNO passport holders. The BNO visa allows the holder to apply for ILR after living here for 5 years. If the holder already spent time in the UK on a route to settlement, this time will count towards the 5 years.

More information about the BNO visa:
https://www.gov.uk/guidance/hong-kong-b ... plications

We keep running the business for the T1E visa purpose. However, due to COVID-19, there is problem with it. We are doing our best to manage it. However, we cannot help ourselves to worry about the final ILR application outcome.

Therefore, we are seriously considering whether to switch to the BNO visa (application will open in Jan 2021). It appears to be an easier alternative for us to achieve the ILR route.

I have following questions in mind, and would like to seek some advicey:
1. For a person holding T1E visa, if he/she applies switching to another visa (like this BNO visa), before the outcome of the new visa, am I right the original T1E visa is still valid?
2. In case the new visa was not approved (though I think unlikely for the BNO visa as long as the criteria can be met), again is the original T1E visa still valid?

In short I am hoping to understand if there would be any risk to void the T1E visa, associated with the visa switching.

Thanks in advance for all the advice.
1. Yes
2. Yes, provided the original T1E visa has not expired yet.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

mapreader
Newbie
Posts: 49
Joined: Sat Jul 28, 2018 3:59 pm
Hong Kong

Re: Consideration of visa switching from T1E to Hong Kong BNO visa

Post by mapreader » Mon Nov 09, 2020 5:45 pm

Hi marcnath,

As always, thanks for your feedback.

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