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Category change

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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whiteroses
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Joined: Sat Jul 31, 2010 10:28 pm

Category change

Post by whiteroses » Thu Nov 01, 2012 4:41 am

I am asking this question on behalf of a friend who runs a business and will soon switch into the the Tier 1 category.

He still has 1 year remaining on his PSW and wanted to know if his visa is turned down, then does his PSW remain valid or will that leave to remain also get cancelled?

Thanks in advance.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Nov 01, 2012 7:15 am

It will continue.

whiteroses
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Posts: 156
Joined: Sat Jul 31, 2010 10:28 pm

Post by whiteroses » Wed Nov 07, 2012 12:36 pm

Thank you for the assistance.
Is it necessary to register as a company ?
My friend is aware that the guidance allows applications under the self employed category but he has been advised by two solicitors that most self employed applicants who don't register a company do not get visas?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Nov 07, 2012 12:42 pm

Acting as an intermediary for a friend only has limited value in situations where the person helping has no knowledge themselves.

For PSW to Tier 1 (ENT) switching:

(ii) were last granted, leave as a Tier 1 (Post-Study Work) Migrant,
(iii) were, on a date no earlier than three months prior to the date of
application,
(1) registered with HM revenue and Customs as self-employed, or
(2) registered a new business in which you are a director, or
(3) registered as a director of an existing business,
(iv) are engaged in business activity, other than the work necessary to
administer his business, in an occupation which appears on the list of
occupations skilled to National Qualifications Framework level 4 and above,
as stated in the codes of practice for Tier 2 Sponsors published by the UK
Border Agency, and
(v) have access to not less than £50,000.

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