Switching from EEA to Tier 1 Entrepreneurial Visa

[Alt1x]

Hope someone might be able to throw a bit of light on my situation, and I hope this is the right section to post it

I have recently applied for an EEA permit and still waiting to hear from the home office but I am not sure if the application might turn out well. Now I have someone investing in my business in the UK and providing in excess of 200k investment.

My question is if I can withdraw my EEA 2 application and instead apply for entrepreneurial visa in the UK without going home. I am aware that one has to show previous accounts in the last 3 months or so to apply, I might be unable to show that. What might make my case a bit complicated is that before applying for EEA2, I had no status in the UK.

Do you think the home office, can accept the Tier 1 application with clear proof of fund and all points met. Would it work on humanitarian basis on any basis?

Thanks and I would to hear from the experts here.

[CR001]

You will have to apply from home country.

What is the EU citizen relation to you??

So you don't actually have full access to £200k in your bank account??

What is the immigration status of the person who is investing??

[Alt1x]

Thanks,

As per your response above.

200K will be in my account in the UK.
The investing is British and I am a partner of my EU wife from France.

Not possible to apply from the UK at all?

[CR001]

When and how did you get married if you had no legal status?

And have you held the £200k for at least 90 days??

[Alt1x]

When and how did you get married if you had no legal status?

And have you held the £200k for at least 90 days??

I have applied for EEA through unmarried partnership with my partner for 2 years.

[CR001]

I have applied for EEA through unmarried partnership with my partner for 2 years.

But you said :

I am a partner of my EU wife from France.

As an unmarried partner, you have no rights or legal status in the UK and if your residence card is refused, you will also have no right to appeal. You will have to apply for Tier 1 Ent from home country if you meet ALL the requirements.

As someone with no legal status, you also should NOT be working as you have no right to work. How long have you been in the UK with no legal status and how did you enter the UK originally?

[Alt1x]

I have applied for EEA through unmarried partnership with my partner for 2 years.

But you said :

I am a partner of my EU wife from France.

As an unmarried partner, you have no rights or legal status in the UK and if your residence card is refused, you will also have no right to appeal. You will have to apply for Tier 1 Ent from home country if you meet ALL the requirements.

As someone with no legal status, you also should NOT be working as you have no right to work. How long have you been in the UK with no legal status and how did you enter the UK originally?

Been in the UK for over 10 years and came in from Ireland.

[CR001]

Been in the UK for over 10 years and came in from Ireland.

On what visa did you enter the UK?

[Alt1x]

Been in the UK for over 10 years and came in from Ireland.

On what visa did you enter the UK?

Came with no visa, been living here undocumented basically.

[CR001]

You have no legal status and are an illegal migrant. You should not be working at all, in any capacity, paid or unpaid.

You also have no rights or legal stay as an extended unmarried/durable partner of an EU citizen.

You cannot apply for Tier 1 Ent within the UK, it is also not the easiest visa to get and you can expect difficulties in getting the visa given your immigration history or lack thereof.

What business do you have or what industry is it that someone is willing to give you £200k?

Registered with HMRC and paid all taxes etc??

[Alt1x]

CROO1,

Assuming you work for the home office, I bet you would have turned my application down quickly. Actually, what kind of advice have you just given?

I am only asking for enlightenment whether, it would be ideal to switch to tier 1 without withdrawing an ongoing EEA application. I have not asked for advice whether I should work or not. And why does it seem to bother you if I do?

Are you HMRC?

And which rule says I am illegal. Quote it. I have been with my EU partner for over five years with all the tangible proof and evidence. And why can someone not invest 200k in me?'

What sort of reasoning do you have? Is it part of your game to put people down?

[Casa]

CROO1,

Assuming you work for the home office, I bet you would have turned my application down quickly. Actually, what kind of advice have you just given?

I am only asking for enlightenment whether, it would be ideal to switch to tier 1 without withdrawing an ongoing EEA application. I have not asked for advice whether I should work or not. And why does it seem to bother you if I do?

Are you HMRC?

And which rule says I am illegal. Quote it. I have been with my EU partner for over five years with all the tangible proof and evidence. And why can someone not invest 200k in me?'

What sort of reasoning do you have? Is it part of your game to put people down?

CR001 doesn't work for the Home Office or HMRC. She's an unpaid moderator giving her time for free and attempting to give you advice which you appear to be ignoring. You are unable to switch to Tier 1 Entrepreneur from within the UK and will have to return to your home country to submit an application.

I'm sure that CR001 isn't personally 'bothered' about you working without the right documentation, but her concern is due to the fact that you stand to be refused under 320(11) of the Immigration Rules.
https://www.gov.uk/government/publicati ... raph-32011

And the question about tax? The Home Office share information with HMRC

[zimba]

There is no such a thing a 'switch' from a non-PBS route to PBS route. Switch is when change your visa within the point based system. You need to apply from home country if you want to get a Tier 1E visa as a non-EU citizen who has no legal status as a point based migrant in the UK.
Even though the UK is part of the common travel area with the republic of Ireland, you cannot just travel to the UK as a non-EU citizen without a permit/visa, so CR001 is correct that you are here illegally. If Home Office has evidence of your status here, ALL of your UK immigration applications will be affected and refused.

[CR001]

As an unmarried partner, you are an extended family member and have no automatic rights based on your EU partner, so therefore you have no legal status until such time as HO issues a residence card.

https://www.gov.uk/apply-for-a-uk-resid ... ligibility