From Sole Representative to Tier 1

[range80]

Hello, I need your expertise as you have helped me before on various matters.

I am currently on Sole Representative visa for three years which is coming to an end at the end of this year. I am planning to change my visa status to a new Tier 1 (Entrepreneur) one. The business I am representing is no longer going to be fully operationa at the end of this yearl.

However, whilst my family and I were living here my wife has started a business,and we have invested about 100k of our life-savings money into the business, and my daughter has been going to school. My questions as follows-

1) Could I apply for my new statues whilst I am currently in the UK?
2) Do I need to leave the UK and apply for it at the country of my origin?
3) If yes, will that 100k count towards the Points based system, so we need to invest only the rest of 100k to make up 200k as per UKBA requirements.

Many thanks,

[zimba]

1) Could I apply for my new statues whilst I am currently in the UK?

As far as I can see in the rules, a migrant on Sole Representative visa is not eligible to apply in the UK.

2) Do I need to leave the UK and apply for it at the country of my origin?

Yes, you should apply for entry clearance from your home country.

3) If yes, will that 100k count towards the Points based system, so we need to invest only the rest of 100k to make up 200k as per UKBA requirements.

Yes it does as long as the investment was done within 12 months of your Tier 1E application, otherwise fresh £200k is required (read Tier 1E guide items 94 to 100).
Be aware that you need to prove the investment is done in a company you are a director, so you should supply Current Appointments Report, company accounts, director's loan agreement or share certificates, etc to successfully claim points for your £100K investment (Obviously you also need to show you have access to another £100K too)

Tier 1E Guide: https://www.gov.uk/government/uploads/s ... 4_2016.pdf