Asylum seeker in appeal process switching to T1 Entrepreneur

[lilbumblebee01]

I have been in the UK for 6 years now. Came on a student visa, then claimed asylum in January 2016.
My asylum was refused in July and I put in my first appeal 2 weeks ago, but I've been told its a 6-9 month wait till court hearing. In the past months, I have been working on a business plan and would now like to apply (in-country) for Tier 1 Entrepreneurship visa via £200k route. The funds are from my British partner of 1 year, and never claimed asylum support or legal aid.

I can provide all the documents required for the visa but is it possible to make this switch due to my current asylum claim still being in the appeal process?
It said on my refusal letter that if there are new reasons for wishing to remain, I should make new application. However, the T1 entrepreneur visa only allows visa switch from specific streams.

Anyone with any knowledge or previous experience please help!Thanks.

[zimba]

What was you last visa category and when did that expire ?

[lilbumblebee01]

What was you last visa category and when did that expire ?

My last visa category was student tier 4 for a masters degree, which expired January 2016. I was refused asylum because I claimed late even though my reasons were accepted.

[zimba]

Did you apply for Asylum after your visa expiry ???

[lilbumblebee01]

Did you apply for Asylum after your visa expiry ???

No, I called in November 2015 and was given a screening date 4 days before my visa expiry. So technically, I claimed while my last visa was still valid

[zimba]

I am not sure if section 3C extends your right to be here when you file an asylum application, however a guide on Asylum policy seems to suggest that: https://www.gov.uk/government/uploads/s ... y_v6_0.pdf

If you are still covered by section 3C as you filed an in time application for further leave to remain, your Tier 4 visa rights are extended. However you are NOT allowed to switch to Tier 1E visa using your own funds if your last grant of leave was Tier 4/student . You can only switch if you are granted min of 50K funds from a government department or a UKTI seed fund or you were/are sponsored and funded by a higher education body.

[lilbumblebee01]

Thanks so much.
I don't suppose qualifying for any of the £50k streams are an easy process? Or is there a case that being an asylum seeker warranties a waiver for that requirement?
Furthermore, from what i understand from the document in your link above, I can apply for permission to work under the HO occupational shortlist?

Also I found here in the main section 3C legislation, under no. (4) as i understand, that a new application cant be made but (5) goes on to contradict itself. Any insight on this?
http://www.legislation.gov.uk/ukpga/1971/77/section/3C

[CR001]

Why do you think being an asylum seeker (6 years after entering the UK on a student visa), warrants a waiver of the most important requirement for a Tier 1 Ent visa??

[lilbumblebee01]

Why do you think being an asylum seeker (6 years after entering the UK on a student visa), warrants a waiver of the most important requirement for a Tier 1 Ent visa??

What I mean is, I am not qualified to enter any seed competitions nor get a UK department funding due to my immigration status as an asylum seeker and I also cannot return home to make an application. Perhaps applying through the £200k route is warranted?

[zimba]

Why do you think being an asylum seeker (6 years after entering the UK on a student visa), warrants a waiver of the most important requirement for a Tier 1 Ent visa??

What I mean is, I am not qualified to enter any seed competitions nor get a UK department funding due to my immigration status as an asylum seeker and I also cannot return home to make an application. Perhaps applying through the £200k route is warranted?

I am confused !! You are trying to show the HO that you cannot go back which means you will be eligible for asylum. If you choose to pursue a PBS route instead, you are implying that you CAN go back and there is no reason why you should be permitted to apply for Tier 1E visa when you are not eligible for it.

[lilbumblebee01]

Right, I see how this complicates matters. The reason why I considered applying for the T1E visa is because my business idea is extremely time- sensitive and requires travel to other EU countries.

My appeal hearing date would be due between January- March 2017 (as told by my lawyer based on current waiting times). This wait period prompted me to consider the T1E visa route to enable my startup sooner rather than later, but that doesn't seem viable.
Any advice at all on what to do now? Thanks

[zimba]

Well you cannot have your cake and eat it too You need to go through with asylum application first and then look for other alternatives. I think you should be able to work on your business in the meantime (check the asylum seekers guide on working I linked)

[lilbumblebee01]

Thanks again. In the meantime, I plan to apply for permission to work under section 3C from your link. If I get work under the HO occupation shortlist, will i still have to continue with my biweekly reporting?
Also, could it be possible to then apply for a tier 2 if employed by a registered sponsor? (cheeky, i know lol)