Changes from 13th DEC 2012 in Tier 1 Ent

[smehmood]

Following Changes are being made from 13th December 2012

1. A lowering of the English language requirement for Tier 1 (Entrepreneur) from level C1 (advanced) to level B1

2. Tier 4 Students will not be able to switch from tier 4 to Tier 1 unless they receive funding from a specified source.

3. Tier 4 Students will need lower funding of £50k Instead of £200K BUT ITS HAS TO BE FROM specified source, when switching from tier 4 to tier 1.

I have read the new policy and i have edit no 4 now as below.

4. 3rd Party funding is allowed.

+++++++++++++++++

CLARIFICATION FROM WORKPERMIT.COM

The Tier 1 Post study work category is closed to new applicants. Current Tier 4 students must apply directly for Tier 1 (General) or (Entrepreneur) or (Investor)

Until 12 December 2012, those on a Tier 4 visa can switch to Tier 1 (Entrepreneur)

EITHER: by showing £200k (3rd party funds are ok)
OR: by showing £50k from an approved source such as registered VC firm, etc

From 13 December 2012, those on a Tier 4 visa can switch to Tier 1 (entrepreneur) only by showing £50k from an approved source such as registered VC firm, etc

ie After 13 December 2012, those on a Tier 4 visa relying on £200k of their own cash or from a 3rd party (such as a friend, angel investor, or bank) which is not a VC firm etc, must leave the UK and apply for entry clearance from abroad: switching within the UK ceases to be an option.

Those fortunate enough to have a Tier 1 post study work visa need only £50,000 which can be any source, but they will need to be working in a graduate level role.

workpermit.com can assist with individual cases.

James.Dunlop@workpermit.com

[geriatrix]

4. 3rd Party funding will not be accepted. ( No clear yet but i think)

I believe the change refers to the promise of funding being in the favor of "named" applicants only.

Should be clear in the updated policy guidance, which will be available on 13-Dec-12 or shortly before.

[moongesture]

Can you please discuss your understanding about the statement mentioned in Statement of Change where it says that "Clarification is being made to confirm that points are not awarded for funds which have been promised to other individuals, except where they are applying under the specific provision for entrepreneurial teams".

Also about point mentioned at ministeriel statement that "..... points will not be awarded for investments against which applicants have taken out loans, or investments that are held in offshore custody".

[rizwan567]

Below are the summary of changes announced in the statement of changes announced yesterday.

===================================

The following changes are being made to the Tier 1 (Entrepreneur) category, which caters for those with financial backing who are coming to the UK to set up, take over, or otherwise be actively involved in the running of a business in the UK:

• Applicants normally require funding of £200,000, but this is reduced to £50,000 if the funding is from a specified source, which includes UK Government Departments. This provision is being expanded to include funding from Departments of Devolved Administrations.


• The English language requirement is being lowered from level C1 (advanced) to level B1 (intermediate), in line with other Points-Based System categories, in response to concerns that the high requirement was a possible deterrent to potentially successful entrepreneurs. This change is also being made to the Tier 1 (Graduate Entrepreneur) category for consistency (although it has no practical consequence in this category, as applicants pass the English language requirement automatically if they meet the separate requirement to have passed a UK degree).

• Due to concerns about possible abuse, and the introduction in April 2012 of a more tightly controlled and bespoke Tier 1 (Graduate Entrepreneur) route, students will no longer be able to switch directly into this category, unless they have £50,000 funding from a specified source (registered venture capitalist firms, UK Government or Devolved Administration Departments, or listed seed funding competitions).



• A rule was introduced on 4 July 2011 stating that no points would be awarded for maintenance funds that are held in a financial institution with which the UK Border Agency is unable to make satisfactory verification checks. A list of financial institutions which do not satisfactorily verify financial statements is published on the UK Border Agency website. This rule is being expanded to include the business funds required for Tier 1 (Entrepreneur) applicants.


• A clarification is being made to confirm that points are not awarded for funds which have been promised to other individuals, except where they are applying under the specific provision for entrepreneurial teams.

• A clarification is being made to confirm how the requirement to be working in a NQF level 4 occupation is interpreted when applied to Tier 1 (Post-Study Work) migrants switching into Tier 1 (Entrepreneur).

• An existing provision (currently set out in published guidance) is being added to the Immigration Rules, confirming that letters from HM Revenue and Customs letters for Tier 1 (Entrepreneur) applicants can be dated within 8 months of entry into the route, not 6 months as the Rules otherwise imply.

[rizwan567]

Can you please discuss your understanding about the statement mentioned in Statement of Change where it says that "Clarification is being made to confirm that points are not awarded for funds which have been promised to other individuals, except where they are applying under the specific provision for entrepreneurial teams".

Also about point mentioned at ministeriel statement that "..... points will not be awarded for investments against which applicants have taken out loans, or investments that are held in offshore custody".

New guideline is out, thankfully third party investment is still available.

[beelal1]

All of You!

Read the new policy guidance applicable from 13th Dec which is avsilable now on UKBA website.

Third party funding still intact.

Regards

Bilal

[innovative_entrepreneur]

According to my understanding this means effectively third party funding is over except where applicants have formed enter teams. For enterperneur teams for example if 100k is kept in first team member account and 100k is kept in second team member account then first team member is acting as a third party for second applicant and second is acting as third party for first applicant. Only in this case it is accepted. So third party funding is almost over.

Your analysis is wrong. Third party funding will still be available. What it means is that for example Person A and Person B form an entrepreneur team and third party funds are available for Person A,B and C as well then points will not be awarded. It should be only available for Person A and Person B. You may look at new policy which shows third party funding is still available. http://www.ukba.homeoffice.gov.uk/sitec ... ance12.pdf

[smehmood]

According to my understanding this means effectively third party funding is over except where applicants have formed enter teams. For enterperneur teams for example if 100k is kept in first team member account and 100k is kept in second team member account then first team member is acting as a third party for second applicant and second is acting as third party for first applicant. Only in this case it is accepted. So third party funding is almost over.

Your analysis is wrong. Third party funding will still be available. What it means is that for example Person A and Person B form an entrepreneur team and third party funds are available for Person A,B and C as well then points will not be awarded. It should be only available for Person A and Person B. You may look at new policy which shows third party funding is still available. http://www.ukba.homeoffice.gov.uk/sitec ... ance12.pdf

Hi

I Agree that 3rd party funding is allowed, Also i have edited my post on top of this topic as i was,nt sure till i read the policy.

[sriks]

there is also a bit of clarification on the 3 month rule..

46 -

iii)

Registered with HM Revenue and Customs as self-employed; or registered as a director
You must have been registered as self-employed or a director of a business within the last 3 months before submitting your application as a Tier 1 (Entrepreneur). If you were registered earlier than this you will still need to provide evidence that you were registered in this period.

[therock]

Comments: This one is bloody tough but very practical. A kind of flaw in policy being exploited has been closed. This means third party funding is over. Only provision is for enterperneur teams for example if 100k is kept in first team member account and 100k is kept in second team member account then first team member is acting as a third party for second applicant and second is acting as third party for first applicant. Only in this case it is accepted. So third party funding is almost over.

Boys, who are planning to apply after 13 Dec or later dates.. please rush and lodge your application before 13 Dec else no chance for you in future.

Can you please explain the above in details? My visa expires 20th December, and I am looking to apply after 13 December, I have two third party statements, £25k each and I am on PSW, does this affect my chances?

[rizwan567]

New guidance applicable from 13 Dec is out...

Shocking news for students. They can not switch within country into Tier 1 Enter with their own or third party funding of 200k.

They can only switch if they have offer of 50k funding from venture capital, seed funding, govt departments.


Third party funding is still acceptable. So previous interpretation or rumours were wrong.

But new guidance does not state about the new English language level at B1. The statement of changes indicate that new level of English required will be B1 but new publish guidance does not state so.

Another question has been cleared that business or self employment do not need to be registered within the past 3 months.... It could be older than 3 months but director appointment report or HMRC documetns issued within the past 3 months should be provided with the application..

[moongesture]

New Language requirment has been lower from C1 to B1 from 13 Dec 2012. This has been mentioned in Para 149 at page 29 of PBS guidance

[rizwan567]

Yes, thats correct. B1 mentioned there. Thanks for pointing that out.

[rehan01]

Hello Everyone,

If possible can someone provide me with the sample format of contract showing trading between my company and third party / parties?

if someone have a format of the contract please upload here it will be of big help for many of us.

regards

Rehan

[zamanam]

HI there,

I want to know can student who already got PSW, apply for Entrepreneur visa from within the UK using third party funding?

Thanks

Ad

[saeedusman]

Below are the summary of changes announced in the statement of changes announced yesterday.

===================================

• Due to concerns about possible abuse, and the introduction in April 2012 of a more tightly controlled and bespoke Tier 1 (Graduate Entrepreneur) route, students will no longer be able to switch directly into this category, unless they have £50,000 funding from a specified source (registered venture capitalist firms, UK Government or Devolved Administration Departments, or listed seed funding competitions).

I believe this will be applicable from 13th December 2012. Can these new rules make any trouble or problem for the students who have already applied in country by fulfilling all requirements at that time, but application is still pending with HO???

[afzalfinance]

HI there,

I want to know can student who already got PSW, apply for Entrepreneur visa from within the UK using third party funding?

Thanks

Ad

Yes, Those having PSW can use third party fundings

[afzalfinance]

Can some one please explain paragraph 115 from the new Guidline effective from 13 Dec 2012

115. You must show that you have been working in an occupation which appears on the list of
occupations skilled to National Qualifications Framework level 4 or above, as stated in the
Codes of Practice on our website. “Working” in this context means that the core service your
business provides to its customers or clients involves the business delivering a service in an
occupation at this level. It excludes any work involved in administration, marketing or website
functions for the business.

[zamanam]

Hi - Thanks - let me clarify my question..I want to know if after 13 Dec someone on Tier 1 PSW can they switch to Entrepreneur visa from within the UK without investing in specified/listed organisation? As its not allowed for student visa?

Thanks

Ad

[afzalfinance]

Hi - Thanks - let me clarify my question..I want to know if after 13 Dec someone on Tier 1 PSW can they switch to Entrepreneur visa from within the UK without investing in specified/listed organisation? As its not allowed for student visa?

Thanks

Ad

Hi Zamanam

Your question is more confusing.Can you please qoute any para from guidline or something that is confusing you?

Even after 13 Dec one can swicth over from PSW to Tier 1 Entreprenuer and can usie his / her own £50,000 or it may be third party funds.
There is no such thing that asks those applying from within UK to invest in specific organizations

[smehmood]

Hi - Thanks - let me clarify my question..I want to know if after 13 Dec someone on Tier 1 PSW can they switch to Entrepreneur visa from within the UK without investing in specified/listed organisation? As its not allowed for student visa?

Thanks

Ad

Hi

Changes does not effect Cat D, Switching from PSW. Apart from English Language Requirements has been lowered which does not really matter.

Regards

[afzalfinance]

Can some one please explain paragraph 115 from the new Guidline effective from 13 Dec 2012

115. You must show that you have been working in an occupation which appears on the list of
occupations skilled to National Qualifications Framework level 4 or above, as stated in the
Codes of Practice on our website. “Working” in this context means that the core service your
business provides to its customers or clients involves the business delivering a service in an
occupation at this level. It excludes any work involved in administration, marketing or website
functions for the business.

Want explanation for this because previously is some one having an online business like selling goods online and performing his role as sales manager was qualified but now from this explanation it looks that only as a sales manager for your firm will not help you in gettig Visa.
An another example a person who is IT Manager of a firm whihc sells online goods will not help him in getting visa.for being an IT Manager the organization he has should be providng IT Services and then this IT Manager will qualify.

This is waht I think, please help me if you have a different view

[wixiiiiiiii]

does it mean that 50000 should be a bank loan? if I get a bank loan from my country then can I show that as funding

[wixiiiiiiii]

I am on tier 4 and if I get 50000 bank loan from back home then can I switch to tier 1 entrepreneur? HELP PLEASE

[zamanam]

Thanks Shaukat/smehmood

Its clear - By any chance you know if two members of entrepreneur team can apply at different time under two different policies/rules i.e. one member who is in the UK applies on 13th Dec from within the UK (which will come under current rules) and the other member of the entrepreneur team applies on 14th Dec from outside UK thus new rules should be applied on his application?

I don't know if this is possible but logic suggest it is possible as if two people applying from two different countries - time zone difference will allow a different date as well and if its different dates this may be different rules which will apply to their application.

Sorry if its not making sense...

Thanks again for your help.