how to become eligible for in-country enterprnuer applicatio

[nahmed]

Hi guys,

Need some expert advice for my brother please.

We need to know some possibility to make an in-country enterprenuer application which has become slightly complicated.

Basically, my brother made a team enterprenuer application back in May 2012 when he had valid tier 4 student visa. He had and still has £125k+ in his uk account while the other team-member had and still has £75K+ in uk account. Unfortunately, the applications was refused because of a minor mistake where they didnt write clearly in the letter that they r making there funds available to each other. They signed a joint declaration that they are forming enterprenuer team and have 200k+ available to invest etc but they didnt write specifically that they are making available their respective funds available to each other thinking thats pretty obvious and clear. Their Oisc representative didnt do a good job basically. Anyways, the fact of the matter is that both applications were refused unfortunately. My brother was given right to appeal as his visa expired and the appeal process is ongoing.

With the proposed changes in place we want to make a fresh in-country application. We have had legal advice from solicitors with a divided view point.

One set says no chance of an In-country application as he doesnt have valid leave and thats it is said confidently.

The other set of solicitors confidently say that it can be definitely done as his valid leave as a student continues under section 3c. The procedure would be that you send a fax to withdraw the appeal and then post out your fresh application on the sameday with proof of fax transmission attached that the appeal has been withdrawn. The technical point being that when you send the fax e.g at 10am, you are legal until Midnight as you cant become illegal mid way through a day while the new application is also valid as no pending appeal and at the time of postage you have valid leave under scetion 3C. They are very confident as they have done this many times inpractice. Where this makes sense to us we are not too sure if this is correct in our case as the other cases werent enterprenuer cases in which there is a specific requirement to have valid leave at time of application so there may not be any issue with the other cases but could be in our case.

If any of you could advise on this please to help us decide. We would like to make in-country application and keeping out of country as last option.

Your help will be very much appreciated.

[Akhan14]

I am in a similar position, i have applied for tier 4 extention and received
Biometrics letter couple of days ago.. Now as rules are changing for tier 1 enterpreneur im planning to apply for it and according to policy guidance and law i found this information which might apply in both of our cases:
D29 – Varying the grounds of an application. The information on page 48 of the application form is not helpful. The relevant chapter of the Immigration Directorates’ Instructions on the UKBA website is Chapter 1A, which was issued in February 2008. It states that you should complete and submit the application form but this is the opposite of the guidance on page 46. We asked the UK Border Agency to provide detailed information about how you can apply to vary the grounds of an existing application, and received the following reply:
 
“Where an applicant has an existing application outstanding and is under 3C leave, he/she will need to read the IDI and will then need to contact the unit dealing with the outstanding application. (The IDI will clarify for them the circumstances in which individuals are permitted to submit new applications and those in which they can only vary an existing application).
 
“There is not currently a specified application for the purposes of varying an application, so if an individual wants to vary their application to a PBS [Points Based System, including Tier 1 (Post-Study Work] application (or to include PBS grounds as well as those already submitted), they may do so, in writing, to the team dealing with the existing application. Should an applicant wish to 'vary' their application in writing, and chooses also to submit a copy of the relevant PBS application form (together with relevant supporting evidence) there is nothing to prevent them from doing so. (A word of warning however, the applicant will still need to send this to the team dealing with the current application, rather than sending it to the address on the form, so that it doesn't go through the commercial partners and get rejected for lack of an accompanying fee). If the application form is submitted to the commercial partner with the full amount usually payable for an application of this type, this can cause problems (eg with misdirected applications, need for ex gratia payments etc).
 
 
“Those with outstanding appeals will just need to contact AIT as soon as possible to discuss what they need to do.
 
“We will clarify the help text in the next full guidance update.”
 
Unfortunately, the help text has still not been expanded or clarified. In the meantime, you should seek advice from the UK Border Agency caseworker, as the form states. If this is not possible, you should seek legal advice, or complete the whole form and submit it, with payment and a covering letter explaining that you wish to vary the grounds of your existing application and that you are submitting the whole form, in accordance with paragraph 34E of the Immigration Rules. Make sure you send it to the part of the UK Border Agency which is dealing with your original application, and not to the address on this application form, if this is different.

Any comments from People who can help us clarify would be appreciated..
Kind regards