Tier 1E 50K to Tier 2 Dependent to Student Visa

[9996630]

Hello all,

Apologies in advance as this is not a tier 1 entrepreneur specific questions, but I know there are some great helpful people her who are willing to help and would also help me out for my below queries.

I was on tier 1 entrepreneur visa (initial 3 years) till July 2016 and then I switched to Tier 2 Dependent Visa due to not doing the required things (investment, jobs creation and all), now my spouse would also lose her Tier 2 visa in November 2016 as her employer is not willing to extend her visa, now after Nov 2016 I have to go back to my home country, but I am thinking of applying for student visa for Jan 2017 intakes, I have few queries and would appreciate your valuable comment on my situation:-

1. Can I apply for student visa after having previous stay on different categories? (I initially entered the UK on a student visa completed 2 masters, then PSW, then tier 1, then tier 2 dependent)

2. I would complete my 10 years residency in Jan 2018, if I go back to my home country in nov 2016 and come back on a student visa in Jan 2017, would that break my residency for 10 years ILR as for 2 months in between nov 2016 and jan 2017, i would not hold a valid UK visa in between?

Please members help me, I am very much stressed as I have spent so much time and effort here in the UK and now my destiny appear to be against me. I am looking for tier 2 visa myself but no luck as of yet.

Please, please help!!!

I would be really grateful to you all.

Thanks

[9996630]

Hello all,

I was on tier 1 entrepreneur visa (initial 3 years) till July 2016 and then I switched to Tier 2 Dependent Visa due to not doing the required things (investment, jobs creation and all), now my spouse would also lose her Tier 2 visa in November 2016 as her employer is not willing to extend her visa, now after Nov 2016 I have to go back to my home country, but I am thinking of applying for student visa for Jan 2017 intakes, I have few queries and would appreciate your valuable comment on my situation:-

1. Can I apply for student visa after having previous stay on different categories? (I initially entered the UK on a student visa completed 2 masters, then PSW, then tier 1, then tier 2 dependent)

2. I would complete my 10 years residency in Jan 2018, if I go back to my home country in nov 2016 and come back on a student visa in Jan 2017, would that break my residency for 10 years ILR as for 2 months in between nov 2016 and jan 2017, i would not hold a valid UK visa in between?

Please members help me, I am very much stressed as I have spent so much time and effort here in the UK and now my destiny appear to be against me. I am looking for tier 2 visa myself but no luck as of yet.

Please, please help!!!

I would be really grateful to you all.

Thanks

[zimba]

1. Can I apply for student visa after having previous stay on different categories? (I initially entered the UK on a student visa completed 2 masters, then PSW, then tier 1, then tier 2 dependent)

Yes, given there will be academic progression.

2. I would complete my 10 years residency in Jan 2018, if I go back to my home country in nov 2016 and come back on a student visa in Jan 2017, would that break my residency for 10 years ILR as for 2 months in between nov 2016 and jan 2017, i would not hold a valid UK visa in between?

Yes, 28 days or more without visa will break your 10 year continuous period of stay in the UK

Please members help me, I am very much stressed as I have spent so much time and effort here in the UK and now my destiny appear to be against me. I am looking for tier 2 visa myself but no luck as of yet.

I do not not see it that way to be honest. You had a Tier 1E visa and you failed to satisfy the requirements. This is not destiny but your own choices and failures.

[hassanh]

Hi,

You can apply from your home country but UKVI may not consider you a genuine student and will consider that you are applying for student visa just to complete your 10 years, this may eventually result in refusal.

Your wife can switch in country as Tier 4 student from Tier 2 General.

Thanks,

[Frontier Mole]

There are a number of issues to consider:
Given your two masters degrees then the only viable route to tier 4 will be to undertake a PhD.
The 10 year route to ILR is not going to go unoticed and as such the reasoning for your tier 4 will be very much subject to scrutiny. With your immigration history it will very much look like a by any means attempt to get ILR. Which to be fair that is what it really is.
Tier 1 Ent was and still is a heavily abused route to remain in the UK. Your failure to meet the requirements and subsequent move to tier 2 dependent paints a pretty poor picture too.
I am assuming your wife moved to tier 2 to give you the log to leap to with your certain failure in tier 1, guessing her employer is not willing to meet the experienced salary requirement to keep her on?

So looking at the the whole case in the round it is a fairly obvious attempt to remain at any cost....
Expect the worst and hope for the best.

[9996630]

Thank you very much zimba88, hassanh and Frontier Mole for taking the time and providing your valuable comments. Really appreciate it!

Yes I did fail to satisfy the requirements of T1E but it wasn't the choice, sometimes you have do what life throws at you, don't you! The business didn't work out and there were issues with the finances to be inject into the business. Anyways that's a whole long story on its own and I won't bore you, ha!

@ hassanh
You mentioned my wife can apply for tier 4 visa. If it is okay with you, could I please ask, if she does apply for student visa, and I believe she could do an in country application for it but do I have to leave the UK to join her in the UK as her dependent or can I apply with her in country as her dependent?

I am in a real confuse state of mind at this point and I would really appreciate if I could pick up your brains a bit more as I am trying to look for my options now really. And yes it is also true that I am trying to complete my 10 residency anyhow now. Any more steps if you can suggest which I can take at this time would also be highly appreciated.

Thanks in advance

[vinny]

245ZX(b)(iv) permits Tier 2 migrants to apply for Tier 4 from within the UK.

See also Switching to PBS dependent route.

[hassanh]

Hi,

I believe you should continue to be her dependent in country. I hope your matters sorted out soon. Check Vinny's response for verification of this.

Thanks,
Hassan