Applying for Entrepreneur while searching for Tier 2 sponsor

[niomi]

I am thinking of applying for an entrepreneur visa (I would switch from Tier 4 student) while also holding out for a tier 2 visa sponsor - i.e., apply for the visa but job-hunt at the same time.

If I am accepted for the tier 1 entrepreneur visa, do I still have the option of switching into Tier 2 directly from tier 4 - WITHOUT having to pass the residence labour test? This would also be before my tier 4 was due to expire.

Also does anyone know: is it a given that those who can show correct funds and fulfill all conditions for the Tier 1 will be granted a visa? How probable is it that they will be accepted?

[Lucapooka]

The RLMT would apply to anyone switching from Tier 1 (Ent) to Tier 2.

Tier 1 (Ent) is a points-based application and if the relevant points are scored, and there are no general grounds for refusal, the leave to remain will be emitted.

[niomi]

The RLMT would apply to anyone switching from Tier 1 (Ent) to Tier 2.

Great, thanks for the reply. Is it possible though to be granted the Tier 1 visa but not to formally 'accept' it until the day my Tier 4 visa expires?

[Greenie]

No.

[niomi]

No.

Hmm, ok. If I am applying from within the UK but only have 1 month left at the time of my application, will I still be required to turn in my passport? Will they get it back to me in time to leave the country in the case my visa expires before receiving an answer?

[Lucapooka]

If you apply before you leave expires, you can remain legally until a decision is made, even if this comes after you leave expires.

[niomi]

If you apply before you leave expires, you can remain legally until a decision is made, even if this comes after you leave expires.

Lucapooka, that's great. So if my visa expires on the 31st - I could technically apply on the 31st, and remain in the country?

[raimon]

Yes, you can technically apply on the last day your visa is set to expire.

But if you apply for tier 1 and you are approved for the visa, and then a month later you managed to find a job willing to hire you on a tier 2 visa. Would there be complication if you already have a tier 1 visa and will get a tier 2 visa as well?

[niomi]

But if you apply for tier 1 and you are approved for the visa, and then a month later you managed to find a job willing to hire you on a tier 2 visa. Would there be complication if you already have a tier 1 visa and will get a tier 2 visa as well?

I imagine I'd have to go through the process of switching from Tier 1 to Tier 2 at that point -- and so wouldn't have the benefits I previously had in 1) not having to pass the resident labour market test as a tier 4, and 2) also couldn't start immediately like I can do now.

But at that point I'd have given up on the Tier 2 route and have done all I could anyway....


Can I ask another stupid question... provided I demonstrate the sufficient funds, will the border agency actually check that I set up a business using them? Is there a time limit for when it has to be set up?

[Lucapooka]

The business has to be registered within six months of the leave being granted, and the capital money has to be invested within the first three years (any time before the mandatory extension). If you you do not complete both measures you will not get an extension. Obviously, you can choose to complete none of these measures and have three years of residence in the UK knowing that at the end of those three years you will not get an extension and will have to leave.

[raimon]

The business has to be registered within six months of the leave being granted, and the capital money has to be invested within the first three years (any time before the mandatory extension). If you you do not complete both measures you will not get an extension. Obviously, you can choose to complete none of these measures and have three years of residence in the UK knowing that at the end of those three years you will not get an extension and will have to leave.

Lucapooka is correct. However, if say the person is eligible for the 10 year ILR before the 3 year entrepreneur visa expires. Would she be able to apply for the ILR and would she still be bounded by the terms of the 3 year entrepreneur visa in order to remain in the country?

[RizKCB]

One of my friend's entrepreneur visa rejected two months before because he was here for the last 8 years and HO raised the issue that his intensions are to get ILR only. He is not serious to do any business here neither HO has any criteria to judge such applicant's business until first extension. Before his first extension he would get ILR therefore the aim and purpose of entrepreneur visa is not justified.
Now he has initiated appeal and his solicitor is confident to get allowed his appeal. Still no results.

[Lucapooka]

Lucapooka is correct. However, if say the person is eligible for the 10 year ILR before the 3 year entrepreneur visa expires. Would she be able to apply for the ILR and would she still be bounded by the terms of the 3 year entrepreneur visa in order to remain in the country?

Yes, they can apply for ILR (under the long-residence conditions rather than the T1 ENT), but I would suggest that would be only if the 6 month business register deadline requirements have been met. Otherwise the overall conditions of the leave have not been adhered to by the migrant (the same as student who is not studying) The actual investment does not matter as that can be anytime during the three years.

It's a crass loop-hole that should not have been permitted, but there you go.

[niomi]

Now he has initiated appeal and his solicitor is confident to get allowed his appeal. Still no results.

Would be interested to hear the results when they do come.
Seems unfair that he can have all the points necessary but they would still reject him.